WSG Article: The International Comparative Legal Guide to: Patents 2013

The International Comparative Legal Guide to: Patents 2013

July, 2013 - Enrique T. Manuel; Vida M. Panganiban-Alindogan

1 Patent Enforcement

1.1 How and before what tribunals can a patent be enforced against an infringer?

Patents are enforced against an infringer either through a civil action before the Regional Trial Court (“RTC”) or an administrative action before the Bureau of Legal Affairs (“BLA”) of the Intellectual Property Office of the Philippines (“IPP”). The proceedings are initiated by filing a verified complaint, setting out

the names and residences of the plaintiff and defendant(s), submitting a concise statement of the ultimate facts constituting the plaintiff’s cause(s) of action, and the reliefs sought.

1.2 What are the pre-trial procedural stages and how long does it generally take for proceedings to reach trial from commencement?

In the RTC, proceedings are commenced by the filing of the complaint and the service of summons on the defendant. Upon receipt of the summons, the respondent may file either a Motion to Dismiss, or an Answer, setting out the defendant’s affirmative and/or negative defences including any counterclaims. The case is then set for a pre-trial conference, where the parties, among others, discuss the possibility of settlement or the referral of the case to alternative models of dispute resolution, proposed stipulation of facts, issues to be resolved, and documents and witnesses to be presented at trial. It may take anywhere from 6-12 months from the filing of the complaint for the case to reach trial proper in court. The pre-trial procedural stages in the BLA are substantially similar to those before the RTC. However, since the proceedings in the BLA are administrative in nature and not strictly governed by

technical rules of procedure and evidence, it usually takes 5-7 months from the filing of the complaint for the case to reach trial in the BLA.

1.3 Can a defence of patent invalidity be raised and if so how?

Yes, the defendant...

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Enrique T. Manuel
Vida M. Panganiban-Alindogan