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

High-earning businesses place most value on the depth of the external legal teams advising them, according to a survey of nearly 29,000 in-house counsel
Kilpatrick Townsend was recognised as Americas firm of the year, while patent powerhouse James Haley won a lifetime achievement award
Partners at Foley Hoag and Kilburn & Strode explore how US and UK courts have addressed questions of AI and inventorship
In-house lawyers have considerable influence over law firms’ actions, so they must use that power to push their external advisers to adopt sustainable practices
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Counsel say they’re advising clients to keep a close eye on confidentiality agreements after the FTC voted to ban non-competes
Data from Managing IP+’s Talent Tracker shows US firms making major swoops for IP teams, while South Korea has also been a buoyant market
The finalists for the 13th annual awards have been announced
Counsel reveal how a proposal to create separate briefings for discretionary denials at the USPTO could affect their PTAB strategies
The UK Supreme Court rejected the firm’s appeal against an earlier ruling because it did not raise an arguable point of law
Gift this article