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.
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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.
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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.
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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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Who has the authority to determine a national emergency for patent use?
The President determines national emergencies, enabling immediate government exploitation of patented inventions to address urgent public needs.
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Can the government use a patent if the demand for a drug is not being met?
The government can exploit drug patents if the Secretary of Health finds local demand isn’t being met reasonably.
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How is the extent of patent protection determined?
Patent protection boundaries are defined by claims, interpreted using the invention’s descriptions and accompanying technical drawings.
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What is the “doctrine of equivalents” in patent protection?
Patent protection extends to equivalent elements of the claims, preventing infringement through minor, non-substantial changes to an invention.
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What acts constitute patent infringement?
Unauthorized making, using, selling, or importing of patented products or processes generally constitutes a legal act of infringement.
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