My bookmarksSign up free

RA 165 CHAPTER XI.—Assignment and Transmission of Rights

Section 50–54 · 5 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Transmission of rights.

Section 50

SEC. 50. Transmission of rights.—Patents and the invention covered thereby shall be protected as and have the applicable rights of other property. Inventions and any right, title or interest in and to patents and inventions covered thereby may be assigned, or transmitted by inheritance or bequest.

Assignment of inventions.

Section 51

SEC. 51. Assignment of inventions.—An assignment may be of the entire right, title or interest in and to the patent and the invention covered thereby, or of an undivided share of the entire patent and invention in which event the parties becomes joint owner thereof. An assignment may be limited to a specified territory.

Form of assignment.

Section 52

SEC. 52. Form of assignment.—The assignment must be in writing, acknowledge before a notary public or other officer authorized to administer oaths or perform notarial acts and certified under the hand and official seal of the notary or other officer.

Recording.

Section 53

SEC. 53. Recording.—The Director shall record assignment, licenses and other instruments relating to any rights, title or interest in and to inventions, and patentes and or inventions covered thereby., which are presented in due form to the Office for registration, in books and records kept for the purpose. The original document together with a signed duplicate thereof shall be filed, but if the original is not available, an authenticated copy thereof in duplicate may be filed. Upon recording, the Director shall retain the duplicate, and return the original or the authenticated copy to the party filing with a notification of the fact of record. Notice of the recording shall be published in the Official Gazette. Such instruments shall be void as against any subsequent purchaser or mortgagee for a valuable consideration and without notice unless it is recorded in the Office within three months from the date thereof, or prior to the subsequent purchase or mortgage.

Rights of joint owners.

Section 54

SEC. 54. Rights of joint owners.—If two or more persons jointly own the patent and the invention covered thereby either by the issuing of the patent to them jointly or by reason of the assignment of an undivided share in the patent and invention or by reason of the succession in title to such share, each of the joint owners, shall be entitled to personally make, use or sell the invention for his own profit, subject to any contract of agreement, but neither of the owners shall be entitled to grant licenses or to assign his right, title of interest or part thereof without the consent of the other owner or owners, or without proportionately dividing the proceeds with the other owner or owners.

Back to RA 165 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).

Continue your research