Legal Question in Intellectual Property in Philippines

will there be an NDA signed between me and lawyers?

how much per hour? in average?

how much is patent agent on average?

how long will it usually take to file patent?

how long will it usually take to file provisional patent?

can I patent software design here in the philippines?

i want to patent it for PCT so that it will be international patent. Can I do that?

can I put the product out in the market before I file a patent or while patent approval is pending or right after provisional patent is applied?

if I apply for a patent with PTC now, then sell my app internationally now, then someone else copies my design. can I sue them when my patent becomes approved in the future?

Asked on 4/17/12, 8:46 pm

1 Answer from Attorneys

VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE
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As to the fees, you can send me an inquiry through my email at info@philattorney.com and I will give you the schedule of fees.

One of the inventions which are not patentable is a computer program. If this software you are referring to is classified as a computer program then it may not be patentable.However, if it involves a process it can be patented. The elements of patentability are novelty, inventive step and industrially applicable.

If your software is patentable you can resort to PCT. This (PCT) treaty implements the concept of filing a single international patent application which will have a legal effect of filing in the different countries bound by the treaty. The PCT system is a patent filing system and should not be mistaken for a patent granting system. Therefore, no PCT patent or international patent is granted. The task and responsibility of granting patents remains exclusively in the hands of the patent offices of the countries where patent protection is sought.

I cannot advise you to put the product out in the market without having filed an application. The public will have access on your invention and for all you know somebody might file an application ahead of you.Under the FIRST TO FILE RULE the application will be granted to the one who initiated the first application.

With or without a registration you can sue for unfair competition if somebody appropriates your product and if it is duly registered then you can sue for infringement. Infringement is a form of an unfair competition.

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4/19/12, 3:51 am

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