Chapter III

RIGHT TO A PATENT

Sec. 28. Right to a Patent

       The right to a patent belongs to the inventor, his heirs, or assigns. When two (2) or more persons have jointly made an invention, the right to a patent shall belong to them jointly. (Sec. 10, R.A. No. 165a) 

Sec. 29. First to File Rule

       If two (2) or more persons have made the invention separately and independently of each other, the right to the patent shall belong to the person who filed an application for such invention, or where two or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date. (3rd sentence, Sec. 10, R.A. No. 165a.) 

Sec. 30. Inventions Created Pursuant to a Commission

       30.1. The person who commissions the work shall own the patent, unless otherwise provided in the contract. 

       30.2. In case the employee made the invention in the course of his employment contract, the patent shall belong to: 

            (a) The employee, if the inventive activity is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer. 

            (b) The employer, if the invention is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary. (n) 

Sec. 31. Right of Priority

       An application for patent filed by any person who has previously applied for the same invention in another country which by treaty, convention, or law affords similar privileges to Filipino citizens, shall be considered as filed as of the date of filing the foreign application: Provided, That:

       (a) the local application expressly claims priority;

       (b) it is filed within twelve (12) months from the date the earliest foreign application was filed; and

       (c) a certified copy of the foreign application together with an English translation is filed within six (6) months from the date of filing in the Philippines. (Sec. 15, R.A. No. 165a)