Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.・Read the official text ↗
Right of patentees.
SEC. 37. Right of patentees.—A patentee shall have the exclusive right to make, use and sell the patented machine, article or product, and to use the patenteed process for the purpose of industry and commerce, throughout the territory of the Philippines for the term of the patent; and such making, using, or selling by any person without the authority of the patentee constitute infringement of the patent.
Experimental use of invention.
SEC. 38. Experimental use of invention.—the making or using of a patenteed invention when not conducted for profit or solely for the purpose of research or experiment, or for instruction, shall not constitute infringement.
Temporary presence in the country.
SEC. 39. Temporary presence in the country.—No patent shall prevent the use of any invention in any ship vessel, aircraft, or land vehicle of any other country entering the territory of the Philippines temporary or accidentally, and such use shall not constitute infringement of the patent, provide such invention is used exclusively for the needs of the ship, vessel, aircraft, or land vehicle and not used for the manufacture of anything be sold within or exported from the Philippines.
Rights of third parties prior to application.
SEC. 40. Rights of third parties prior to application.—any person who has purchased or acquired by the inventor, his legal representatives, or assigns, or who, with their knowledge and consent, constructs any newly invented device or other patentable article, prior to the filing of the application therefor, shall have the right to use and sell the specific thing purchased, acquired or made, without liability therefor.
Use of invention by the Government.
SEC. 41. Use of invention by the Government.—The Government of the Philippines may use any patented invention at any time for government purposes, and the manufacture or use of the invention by or for the Government for such purposes shall not constitute infringement of the patent, but the patentee shall be entitled to received a reasonable compensation for the use of the invention.
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).