Intellectual

Property
Technopreneurship 101
 Intellectual property refers to creations of
the mind. It can be an invention (patent /
WHAT IS INTELLECTUAL PROPERTY? utility model), a design (industrial design), a
brand name (trademark, or a literary and
artistic work (copyright).

https://www.ipophil.gov.ph/
Patent
A patent is an exclusive right granted for a new, ● A patent is an exclusive right that allows the
inventive, & useful product. It can take the form of a new inventor to exclude others from making, using, or
product, process or technical improvement to existing selling the product of his invention during the life
invention. of the patent. Patent owners may also give
An invention patent is a government-issued grant, permission to, or license, other parties to use
bestowing an exclusive right to an inventor over a their inventions on mutually agreed terms.
product or process that provides any technical solution Owners may also sell their invention rights to
to a problem in any field of human activity which is new, someone else, who then becomes the new owner
inventive, and industrially applicable. of the patent.
● The term of a patent shall be twenty (20) years
from the filing date of the application. The patent
must be maintained yearly, starting from the 5th
year.
Utility Model
Utility models, just like inventions, is an exclusive right ● A Utility Model (UM) allows the right holder to
granted to for an invention, but it does not require the prevent others from commercially using the
condition of the involvement of an inventive step to be registered UM without his authorization, provided
protected. that the UM is new based on the Registrability
Report. Compared with invention patents, it is
A registrable utility model is any technical solution to a relatively inexpensive, faster to obtain, and with
problem in any field of human activity which is new and less stringent patentability requirements.
industrially applicable. It may or may not have an ● A utility model is entitled to seven (7) years of
inventive step. protection from the date of filing, with no
possibility of renewal.
Industrial Design
An industrial design consists of three-dimensional ● The owner of a registered industrial design has
features, such as the shape or surface of an article, or of the right to prevent third parties from making,
two-dimensional features, such as patterns, lines or selling or importing articles bearing or embodying
color. a design which is a copy, or substantially a copy,
An industrial design is the ornamental or aesthetic of the protected design, when such acts are
aspect of an article. Design, in this sense, may be three- undertaken for commercial purposes.
dimensional features (shape or surface of an article), or ● The registration for an industrial design is for a
the two-dimensional features (patterns or lines of color). period of 5 years from the filing date of the
Handicrafts, jewelry, vehicles, appliances - the subject of application. The registration of an industrial
industrial designs range from fashion to industrial goods. design may be renewed for not more than two (2)
consecutive periods of five (5) years each by
paying a renewal fee. The fee should be paid
within a year of the expiration of the registration.
Trademark
A trademark is a word, a group of words, sign, symbol, ● A trademark protects a business’ brand identity in the
or a logo that distinguishes your business’ goods or marketplace.
services from those of other traders. Registration of it gives the owner the exclusive rights
to prevent others from using or exploiting the mark in
A trademark is a word, a group of words, sign, symbol, any way.
logo or a combination thereof that identifies and Aside from being a source-identifier, differentiator,
differentiates the source of the goods or services of one quality indicator, and an advertising device, a
entity from those of others. protective mark may also bring another stream of
income to the owner through licensing or franchising.
● A trademark can be protected in perpetuity if regularly
monitored and properly maintained.
The period of protection is ten (10) years from the
date of registration and is renewable for a period of
ten (10) years at a time.
Copyright
Copyright protects literary and artistic works, such as books The creators of works protected by copyright hold the
and other writings, musical works, films, paintings and other
works, and computer programs. exclusive right to use or authorize others to use the work
on agreed terms.
Copyright is the legal protection extended to the owner of the
rights in an original work. “Original work” refers to intellectual The right holder(s) of a work can authorize or prohibit: its
creation in the literary, scientific and artistic domain. reproduction in all forms, including print form and sound
recording, public performance and communication to the
Among the literary and artistic works enumerated in the IP public, broadcasting, translation into other languages,
Code are books and other writings, musical works, films and and adaptation, such as from a novel to a screenplay
photographic works, ornamental designs or models of for a film.
manufacture, paintings, sculptures, and other works of arts,
as well computer programs and mobile apps, etc.
The term of protection for copyright in literary and artistic
works, and in derivative works is generally the lifetime of
the author plus fifty (50) years