The advent of global trade has, to a large extent, contributed to the dramatic increase in the number of patent applications across the world. It has also caused an unprecedented complexity in the patent legal system.
Patent applicants still need to file a patent application in each and every country where they seek exclusive commercial exploitation because patent laws remain territorial in scope. Hence, a foreign entity needs to file a patent application here in the Philippines to be protected, even if it has already obtained patent registration in its “home country.”
To illustrate that cross-border trade has caused a dramatic increase in the number of patent applications, the Philippine Intellectual Property Office reported that patent applications made by foreign entities constitute 97 percent of total patent applications. If foreigners need to file a separate patent application here in the Philippines, the reverse statement is also true and Filipinos also need to file patent applications abroad to protect their inventions from infringement.
However, through international agreements, the patent system in the global context has been made simpler. Under the so-called traditional mode of filing, a Filipino applicant has to win the race in being the first to file a patent application within a jurisdiction. This is primarily because almost all countries adopt the “first-to-file” system. read more...
No comments:
Post a Comment