PHILIPPINES Law and Practice Contributed by: Susan D. Villanueva, Patricia A. O. Bunye, Rowanie A. Nakan and Ritz Angelica R. Alejandro, Cruz Marcelo & Tenefrancia
3. Infringement 3.1 Necessary Parties to an Action for Infringement An action for infringement may be filed by any patentee or any person with a right, title, or interest in the patent whose rights have been infringed. 3.2 Direct and Indirect Infringement Direct patent infringement is the making, using, offering for sale, selling, or importing of a pat- ented product or a product obtained directly or indirectly from a patented process, or the use of a patented process without the authorisation of the patentee. Indirect or contributory infringement occurs when one actively induces the infringement of a patent or provides the infringer with a compo- nent of a patented product or of a product pro- duced because of a patented process, knowing it to be especially adopted for infringing the pat- ented invention and not suitable for substantial non-infringing use. The remedies available to a patentee should the patent be infringed are discussed in 2.1 Actions Available Against Infringement . 3.3 Process Patents If the subject matter of a patent is a process for obtaining a product, any identical product shall be presumed to have been obtained through the use of the patented process if the product is new or there is substantial likelihood that the identical product was made by the process and the owner of the patent has been unable, despite reason- able efforts, to determine the process actually used. In ordering the defendant to prove that the process to obtain the identical product is differ- ent from the patented process, the Director shall
tive group, deemed sufficiently numerous by the court, may sue or defend on behalf of the entire class. Additionally, any interested party retains the right to intervene in order to protect their individual interests. 2.13 Restrictions on Assertion of an Intellectual Property Right Owners of IP rights cannot assert such rights against others in the following instances, among others: • using a patented product already put on the market by the owner of the patent, or with his/her express consent, insofar as such use is done after that product has been put on the market; • where the act is done privately and on a non- commercial scale or for a non-commercial purpose and provided it does not significantly prejudice the economic interest of the owner of the patent; and • where the act consists of making or using exclusively for experimental use the invention for scientific purposes or educational pur- poses. Any prior user, who, in good faith, was using the invention or has undertaken serious prepara- tions to use the invention in his/her enterprise or business before the filing date or priority date of the application on which a patent is granted, shall have the right to continue the use thereof within the territory where the patent produces its effect. Finally, any government agency or third person authorised by the government may exploit the invention even without agreement of the patent owner in the following instances discussed in 2.2 Third-Party Remedies to Remove the Effects of Intellectual Property .
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