The Philippines: Examination guidelines for ICT and computer related inventions
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

The Philippines: Examination guidelines for ICT and computer related inventions

On January 17 2018, the Intellectual Property Office of the Philippines issued its Guidelines on the Examination of Information Communications Technology (ICT) and Computer Implemented Inventions (CII), as a result of increasing demand for patent protection in these fields. In the past, patent examiners applied the general guidelines for patent examination, but difficulties encountered by patent examiners resulting in inconsistent decisions on patent grants and refusals necessitated the issuance of separate examination guidelines. These guidelines do not have the force of law but are meant to assist the examiners in determining whether the claimed inventions comply with the substantive law (Sections 21 and 22 of the Intellectual Property Code of the Philippines (IP Code) and its Implementing Rules 201 and 202).

ICT refers to all electronic means to access, create, collect, store, process, receive, transmit, present and disseminate information. CII are inventions involving computers, computer networks or other programmable apparatus where prima facie one or more of the features are realised by means of a program or programs. The guidelines apply to the examination of patent applications for inventions in the ICT field such as information systems, communication systems, telecommunications, radio communications, computer implemented systems, software related systems, data mining systems, computer information networking systems, computer operating systems, embedded systems, data warehousing systems, network and data security systems, multimedia design systems, content delivery systems, digital broadcasting, graphic representation devices, website development platforms, application development platforms, system development platforms, cloud computing infrastructure, ubiquitous computing frameworks, mobile computing systems, internet of things (IoT) infrastructure, virtual infrastructure, electronic commerce systems, electronic services systems, electronic workflow frameworks, object modelling systems, image or video processing systems, photonics systems, machine learning systems, artificial intelligence systems, distributed systems, robotic systems, sensing devices and big media modelling systems.

Section 21 of the IP Code defines an invention capable of being patented as any technical solution to a problem in any new field of human activity which involves an inventive step and is industrially applicable, and may be or may relate to a product, a process or an improvement thereof. Section 22 lists inventions that are non-patentable, and those which relate to ICT and CII are further explained in Rule 202. Under this rule, the following are excluded from patent protection:

a) discoveries, scientific theories, mathematical methods, a law of nature, a scientific truth or knowledge of such;

b) abstract ideas or theories, fundamental concepts, apart from the means or processes for carrying out the concepts to produce a technical effect;

c) schemes, rules, and methods for performing mental acts and playing games;

d) method of doing business, such as a method or system for transacting business without the technical means for carrying out the method or system;

e) programs for computers.



Hechanova

Editha R Hechanova

Hechanova & Co., Inc.

Salustiana D. Ty Tower

104 Paseo de Roxas Avenue

Makati City 1229, Philippines

Tel: (63) 2 812-6561

Fax: (63) 2 888-4290

editharh@hechanova.com.ph 

www.hechanova.com.ph

more from across site and ros bottom lb

More from across our site

We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Law firms that pay close attention to their client relationships are more likely to win repeat work, according to a survey of nearly 29,000 in-house counsel
The EMEA research period is open until May 31
Practitioners analyse a survey on how law firms prove value to their clients and reflect on why the concept can be hard to pin down
The winner of Managing IP’s Life Achievement Award discusses 50 years in IP law and how even he can’t avoid imposter syndrome
Saya Choudhary of Singh & Singh explains how her team navigated nine years of litigation to secure record damages of $29 million and the lessons learned along the way
The full list of finalists has been revealed and the winners will be presented on June 20 at the Metropolitan Club in New York
A team of IP and media law specialists has joined from SKW Schwarz alongside a former counsel at Sky
The Irish government has delayed a planned referendum on whether Ireland should join the Unified Patent Court, prompting concern about when a vote may take place
With more than 250 winners recognised during the ceremony, there are many reasons to be positive about the health of the IP industry in EMEA
Gift this article