First-to-file rule: Is it constitutional?

• Main Authors: Chiu, Jocelyn, Clemente, Katrina
• Format: text
• Language: English
• Published: Animo Repository 2003
• Subjects: Legal Education
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/11321
• Institution: De La Salle University

Republic Act 8293, also known as the Intellectual Property Code, took effect last January 1, 1998. It amended Republic Act 165 (Patent Law), Republic Act 166 (Trademark Law) and Presidential Decree 49 (Copyright Law). There were several changes made in our patent law. One of its changes is the shift from first-to-invent to the first-to-file rule for patent registration. Said shift was done in view of harmonization, in compliance with the TRIPS Agreement. This paper is a study of whether or not the shift in the system of patent registration: first-to-invent to first-to-file rule is violative of our Constitution. The Constitutional provisions regarding science and technology will be discussed in light of the Intellectual Property Code. Does the first-to-file rule in patent registration carry out the State's objective to prioritize inventions and research & development? Does the first-to-file violate the exclusive rights of scientists and inventors?