How is “inventive step” defined in the Philippine Intellectual Property Code?
Inventive step is assessed against what is obvious to a notional skilled person. Section 26.1, Intellectual Property Code of the Philippines, states that an invention involves an inventive step if, having regard to prior art, it is not obvious to a person skilled in the art at the time of the filing or priority date. This standard prevents patents for routine or trivial modifications that any competent technician could have made. If the invention would have been obvious to this hypothetical skilled person, then it fails the inventive step requirement and cannot be patented. 20-Dec-25About 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/.
