How is priority resolved when two persons independently invent the same thing?
When two or more persons independently make the same invention, Philippine law follows a first‑to‑file rule. Section 29, Intellectual Property Code of the Philippines, states that the right to the patent belongs to the person who filed an application for the invention, or, if multiple applications are filed, to the applicant with the earliest filing or priority date. Thus, it is not who first conceived the invention that matters legally, but who first filed a proper application. This encourages prompt filing and legal certainty in resolving competing claims. 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/.
