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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Can a patent owner transfer their rights to someone else?
Patent owners are legally permitted to assign, transfer by succession, or license their patents to other entities.
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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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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.
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What can a patentee recover in a civil action for infringement?
Infringed patentees can sue for damages, attorney’s fees, and injunctions to stop further unauthorized use of their inventions.
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How does the limitation of patent rights apply to drugs and medicines?
Patent rights for medicines are limited once introduced globally, allowing government or private importation for public access.
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