In the past decade, patent litigation has been scarce, with only 4,024 filings in 2019.1 But in 2023, the Intellectual Property Office of the Philippines (IPOPHL) reported that Intellectual Property (IP) filings had increased by 2.5% compared to the previous year. This was fueled by greater awareness of IP rights and a rise in innovations emerging from colleges and universities.
In the Philippines, the Intellectual Property Code (IP Code)2 governs the guidelines for patent protection and sets the definition of patent infringement. Understanding what constitutes infringement is crucial for protecting intellectual property and fostering innovation. This article provides an overview of patent infringement and practical strategies to prevent it.
What is Patent Infringement?
The making, using, offering for sale, selling, or importing of a patented product or a product obtained directly or indirectly from a patented process, or the use of a patented process without the authorization of the patentee constitutes patent infringement.3
In determining patent infringement, two tests have been developed: literal infringement and the doctrine of equivalents. In Godinez v. Court of Appeals, our own Supreme Court ruled:
Tests have been established to determine infringement. These are (a) literal infringement, and (b) the doctrine of equivalents. in using literal infringement as a test, ".. . resort must be had, in the first instance, to the words of the claim. If the accused matter clearly falls within the claim, infringement is made out and that is the end of it.II To determine whether the particular item falls within the literal meaning of the patent claims, the court must juxtapose the claims of the patent and the accused product within the overall context of the claims and specifications, to determine whether there is an exact identity of all material elements.4
How to Prevent Patent Infringement
Preventing patent infringement is a crucial step in enforcing your rights as a patent holder. To safeguard your invention from infringement, here are 3 ways you may do:
1. Apply for a patent
Patent filing is important to ensure exclusive rights to your invention. The exclusive enjoyment is guaranteed to a patent holder for 20 years, but upon the expiration of that period, the knowledge of the invention inures to the people, who are enabled to practice it.5
To know more about patent application, read How to Apply for a Patent in the Philippines: Requirements and Process.
2. Understand your rights as patent holder
As a patent holder, you need to be equipped with what rights are available to you in order to enforce them efficiently. A patent gives the inventor the right to exclude all others. As a patentee, he has the exclusive right of making, using or selling the invention.6 Where the subject matter is a product, the patent holder has the right to restrain, prohibit and prevent any unauthorized person or entity from making, using, offering for sale, selling or importing that product.7
3. Exercise enforcement mechanism
As a last resort, you are afforded the right to exercise enforcement mechanisms against patent infringement. The patentee shall have the exclusive right to ask the court to order that the infringing products or goods be destroyed8 and to recover damages in a civil action for infringement.9
Conclusion
Preventing patent infringement requires proper legal advice and compliance with intellectual property laws. By taking proactive measures, businesses and inventors can protect their inventions and processes, avoid costly disputes, and contribute to a fair and competitive market for innovation.
To know more about patent infringement and how you can protect your invention from it, book a consultation with an experienced IP attorney. You may also email your queries to us at admin@pinollaw.com.
2 An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office, Providing for its Powers and Functions, and for other Purposes, Republic Act No. 8293, (January 1, 1998) [hereinafter Intellectual Property Code of the Philippines].
3 Intellectual Property Code of the Philippines, §76.
4 G.R. No. 154330, February 15, 2007
5 Pearl & Dean v. Shoemart, Inc., G.R. No.148222, August 15, 2003
6 Intellectual Property Code of the Philippines, §71
7 Id.
8 Intellectual Property Code of the Philippines, §76.5
9 Id, §76.3 and 76.4.
