Can the court award more than the actual damages sustained?
Courts can award up to triple the actual damages to an infringed patentee depending on case circumstances.
Can the court award more than the actual damages sustained? Read More »
What happens to infringing goods after a court ruling?
Courts may order the destruction or removal from commerce of infringing goods and materials without compensating the infringer.
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Who is considered a contributory infringer?
Parties who knowingly assist or induce patent infringement by providing specialized components are held liable as contributory infringers.
Who is considered a contributory infringer? Read More »
Can a foreign national sue for patent infringement in the Philippines?
Foreign patent holders can sue for infringement in the Philippines even if they do not conduct business locally.
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How is the burden of proof handled for process patents?
Identical products are presumed to be made via a patented process, shifting the burden of proof to the defendant.
How is the burden of proof handled for process patents? Read More »
What is the time limit for recovering damages in an infringement case?
Damages for patent infringement are only recoverable for acts occurring within four years prior to filing the legal action.
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Is notice required before damages can be recovered?
Recovery of damages requires the infringer to have known of the patent, often through “Philippine Patent” labeling on products.
Is notice required before damages can be recovered? Read More »
What defenses can a defendant use in an infringement action?
Defendants in infringement cases can challenge the patent’s validity using any legal ground applicable for patent cancellation.
What defenses can a defendant use in an infringement action? Read More »
What happens if a court finds a patent to be invalid?
When a court finds a patent invalid, it must cancel it and record the fact in the official register.
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When is the use of a patented product allowed without the owner’s consent?
Third parties can use patented products once they are officially placed on the Philippine market by the patent owner.
When is the use of a patented product allowed without the owner’s consent? Read More »
