Can a compulsory license be granted if an invention is not being used?
If a patented invention is not being worked in the Philippines on a commercial scale without a good reason, a license may be granted. However, the law considers the importation of the patented article as a form of “working” the patent. This ensures that patents are actually utilized to benefit the local market. This ground is cited in Section 93 Intellectual Property Code of the Philippines. “93.5. If the patented invention is not being worked in the Philippines on a commercial scale, although capable of being worked, without satisfactory reason…” January 3, 2026About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
