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Guidelines and procedures for patent application /

By: Mercado, Aster.
Series: Vol. 18 No. 2 Second Sem 1991.Description: p.173-190.Subject(s): Patent law | Patents - Guidelines | PIDS JPD 1991Online resources: Click here to access online In: Journal of Philippine DevelopmentSummary: This paper reviewed the essentials for patent application with emphasis on current developments in the patenting microorganisms. The Philippines current patenting system covers inventions, industrial designs, utility models and grants patents based on the first-to-invent rule. There are three statutory requisites of patentability: novelty, inventiveness, and usefulness or industrial applicability. The first requisite demands that all claims for patents be new. Claims for patents are also examined for their inventiveness by comparing them with the current state of the art. The distinctiveness of microorganism is judged based on (a) their microbiological properties as well as other properties, and (b) the technical effect they have brought about. Lastly, industrial applicability as a criterion requires that the process of the product be repeatable and that the product itself be reproducible on an industrial scale
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This paper reviewed the essentials for patent application with emphasis on current developments in the patenting microorganisms. The Philippines current patenting system covers inventions, industrial designs, utility models and grants patents based on the first-to-invent rule. There are three statutory requisites of patentability: novelty, inventiveness, and usefulness or industrial applicability. The first requisite demands that all claims for patents be new. Claims for patents are also examined for their inventiveness by comparing them with the current state of the art. The distinctiveness of microorganism is judged based on (a) their microbiological properties as well as other properties, and (b) the technical effect they have brought about. Lastly, industrial applicability as a criterion requires that the process of the product be repeatable and that the product itself be reproducible on an industrial scale

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