Can a prior user transfer their right to use the invention?
The right of a prior user is not freely transferable on its own. It can only be assigned together with the enterprise or business where the use was established. This ensures the right remains tied to the specific commercial entity that first utilized the invention. This restriction on transfer is stated in Section 73 Intellectual Property Code of the Philippines. “73.2. The right of the prior user may only be transferred or assigned together with his enterprise or business, or with that part of his enterprise or business in which the use or preparations for use have been made.” 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/.
