When can the government exploit a patented invention without the owner’s agreement?
The government may exploit an invention without the owner’s consent if national security or health interests are at stake. This authority also applies if a judicial body determines the owner’s use is anti-competitive. Furthermore, it is allowed during national emergencies, especially regarding drugs and medicines. These government use powers are detailed in Section 74 Intellectual Property Code of the Philippines. “74.1. A Government agency or third person authorized by the Government may exploit the invention even without agreement of the patent owner where: (a) The public interest, in particular, national security, nutrition, health… so requires…” 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/.
