When actual damages are unclear, courts may award a reasonable royalty to compensate the patent owner for infringement.
How are damages calculated if they cannot be readily ascertained? Read More »
Foreign patent holders can sue for infringement in the Philippines even if they do not conduct business locally.
Can a foreign national sue for patent infringement in the Philippines? Read More »
Identical products are presumed to be made via a patented process, shifting the burden of proof to the defendant.
How is the burden of proof handled for process patents? Read More »
Damages for patent infringement are only recoverable for acts occurring within four years prior to filing the legal action.
What is the time limit for recovering damages in an infringement case? Read More »
Recovery of damages requires the infringer to have known of the patent, often through “Philippine Patent” labeling on products.
Is notice required before damages can be recovered? Read More »
Defendants in infringement cases can challenge the patent’s validity using any legal ground applicable for patent cancellation.
What defenses can a defendant use in an infringement action? Read More »
Good faith users who utilized an invention before its patent filing date may continue their use.
Who is considered a prior user of a patented invention? Read More »
Prior user rights can only be transferred alongside the specific business or enterprise where the invention was used.
Can a prior user transfer their right to use the invention? Read More »
The government can use patented inventions without consent for public interest, national security, or health reasons.
When can the government exploit a patented invention without the owner’s agreement? Read More »
During emergencies, the government must notify patent holders and provide adequate remuneration for the non-exclusive use.
What are the conditions for government use of a patent during an emergency? Read More »
