Is private, non-commercial use of a patented invention considered infringement?
Using a patented invention is permissible if the act is done privately and on a non-commercial scale. The user must ensure the act is for a non-commercial purpose. Crucially, it must not significantly prejudice the economic interests of the patent owner. This exception is provided for in Section 72 Intellectual Property Code of the Philippines. “72.2. Where the act is done privately and on a non-commercial scale or for a non-commercial purpose: Provided, That it does not significantly prejudice the economic interests of the owner of the patent;” 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/.
