6 JUN -7 
A8:28 
THIRTEENTH CONGRESS OF 
) 
THE REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
S E N A T E  
(In substitution of Senate Bill No. 2139) 
Prepared by the Committees on Trade and Commerce and Health and Demography with 
Senator MAR Roxas and Senator Pia Cayetano as authors thereof 
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AN ACT 
TO MAKE THE LAWS ON,PATENTS, TRADENAMES AND TRADEMARKS 
MORE RESPONSIVE TO THE HEALTH CARE NEEDS OF THE FILIPINO 
THE IMPORTATION AND EARLY DEVELOPMENT OF PATENTED 
MEDICINES, AND MODIFYING GOVERNMENT USE PROVISIONS FOR 
DRUGS OR MEDICINES, TO LOWER PRICES AND INCREASE ACCESS TO 
AND SUPPLY OF QUALITY DRUGS OR MEDICINES, AMENDING FOR THIS 
PURPOSE 
CERTAIN PROVISIONS 
OF REPUBLIC ACT 
NO. 
8293 
OTHERWISE KNOWN AS THE INTELLECTUAL PROPERTY CODE OF THE 
PHILIPPINES. 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
PEOPLE BY CLARIFYING NON-PATENTABLE INVENTIONS, ALLOWING 
Congress assembled: 
SECTION 1. Sec. 22 of Republic Act No. 8293 is hereby amended to read as 
follows: 
"Sec. 22. Non-Patentable Inventions.- The following shall be 
excluded from patent protection: 
"22.1. THE MERE DISCOVERY OF A NEW FORM OF A 
KNOWN SUBSTANCE WHICH DOES NOT RESULT IN THE 
ENHANCEMENT OF THE KNOWN EFFICACY OF THAT 
SUBSTANCE OR TUE MERE DISCOVERY OF ANY NEW 
PROPERTY OR NEW USE FOR A KNOWN SUBSTANCE OR THE 
MERE USE OF A KNOWN PROCESS UNLESS SUCH KNOWN 
PROCESS RESULTS IN A NEW PRODUCT THAT EMPLOYS AT 
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LEAST ONE NEW REACTANT. 


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FOR THE PURPOSES OF THIS CLAUSE, SALTS, ESTERS, 
ETHERS, POLYMORPHS, METABOLITES, PURE FORM, PARTICLE 
SIZE, 
ISOMERS, 
MLXTURES 
OF 
ISOMERS, 
COMPLEXES, 
COMBINATIONS AND OTHER DERIVATIVES OF A KNOWN 
SUBSTANCE SHALL BE CONSIDERED TO BE THE SAME 
SUBSTANCE, UNLESS THEY DIFFER 
SIGNIFICANTLY IN 
PROPERTIES WITH REGARD TO EFFICACY. 
“[22.1.] 
22.2. Discoveries, scientific theories and mathematical 
methods; 
“[22.2.] 22.3. Schemes, rules and methods of performing mental 
acts, playing games or doing business, and programs for computers; 
“[22.3.] 
22.4. Methods for treatment of the human or animal body 
by surgery or therapy and diagnostic methods practiced on the human or 
animal body. This provision shall not apply to products and composition 
for use in any of these methods. 
“[22.4.] 
22.5. Plant varieties or animal breeds or essentially 
biological process for the production of plants or animals. This provision 
shall not apply to micro-organisms and non-biological and microbiological 
processes. 
Provisions under this subsection shall not preclude Congress to 
consider the enactment of a law providing sui generis of plant varieties 
and animal breeds and a system of community intellectual rights 
protection; 
“[22.5.] 22.6. Aesthetic creations; and 
“[22.6.] 
22.7. Anything which is contrary to public order or 
morality. (Sec. 8, R.A. No. 165a)” 
SEC. 2. Sec. 72 of Republic Act No. 8293 is hereby amended to read as follows: 


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“Sec. 72. Limitations of Patent Rights. - The owner of a patent has 
no right to prevent third parties from performing, without his 
authorization, the acts referred to in Section 71 hereof in the following 
circumstances: 
“72.1. Using a patented product which has been put on the market 
in the Philippines by the owner of the product, or with his express consent, 
insofar as such use is performed after that product has been so put on the 
said market; PROVIDED, THAT, WITH REGARD TO DRUGS OR 
MEDICINES, THE LIMITATION ON PATENT RIGHTS SHALL 
APPLY AFTER A DRUG OR MEDICINE HAS BEEN INTRODUCED 
ANYWHERE IN THE WORLD BY THE PATENT OWNER, OR BY 
ANY PARTY AUTHORIZED TO USE THE INVENTION. 
“72.2. Where the act is done privately and on a non-commercial 
scale or for a non-commercial purpose: Provided, That it does not 
significantly prejudice the economic interests of the owner of the patent; 
“72.3. Where the act consists of making or using exclusively for 
[the purpose of experiments that relate to the subject matter of the patented 
invention;] EXPERIMENTAL USE OF THE. INVENTION FOR 
SCIENTIFIC PURPOSES OR FOR COMMERCIAL PURPOSES THAT 
DO NOT UNREASONABLY CONFLICT WITH A NORMAL 
EXPLOITATION OF THE PATENT AND THAT DO NOT 
UNREASONABLY PREJUDICE THE LEGITIMATE INTERESTS OF 
THE 
PATENT 
OWNER, 
TAKING 
INTO 
ACCOUNT 
THE 
LEGITIMATE INTERESTS OF SUCH THIRD PARTIES; 
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“72.4 WHERE THE ACT INCLUDES TESTING, USING- 
MAKING OR SELLING THE INVENTION INCLUDING ANY DATA 
RELATED THERETO, SOLELY FOR PURPOSES REASONABLY 
RELATED TO THE DEVELOPMENT AND SUBMISSION OF 
INFORMATION REQUIRED 
UNDER 
ANY 
LAW 
OF THE 


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PHILIPPINES OR OF ANOTHER COUNTRY THAT REGULATES 
THE MANUFACTURE, CONSTRUCTION, USE OR SALE OF ANY 
PRODUCT. 
“[72.4] 72.5. Where the act consists of the preparation for 
individual cases, in a pharmacy or by a medical professional, of a 
medicine in accordance with a medical prescription or acts concerning the 
medicine so prepared; 
“[72.5] 72.6. Where the invention is used in any ship, vessel, 
aircraft, or land vehicle of any other country entering the territory of the 
Philippines temporarily or accidentally: Provided, That such invention is 
used exclusively for the needs of the ship, vessel, aircraft, or land vehicle 
and not used for the manufacturing of anything to be sold within the 
Philippines. (Secs. 38 and 39, R.A. No. 165a)” 
SEC. 3. Sec. 74 of Republic Act No. 8293 is hereby amended to read as follows: 
“Sec. 74. Use of Invention by Government. - 74.1. A Government 
agency or third person authorized by the Government may exploit the 
invention even without agreement of the patent owner where: 
(a) The public interest, in particular, national security, nutrition, 
health or the development of other sectors, as determined by 
the appropriate agency of the government, so requires; or 
(b) A judicial or administrative body has determined that the 
manner of exploitation, by the owner of the patent or his 
license, is anti-competitive; OR 
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(C) THERE IS PUBLIC NON-COMMERCIAL USE OF THE 
PATENT 
BY 
THE 
PATENTEE, 
WITHOUT 
SATISFACTORY REASON. 
“74.2. UNLESS OTHERWISE PROVIDED HEREIN, [Tltfie use 
by the Government, or third person authorized by the Government shall be 
subject, [mutatis mutandis, to the conditions set forth in Sections 95 to 97 


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and 100 to 102. (Sec. 41, R.A. No. 165a)l TO THE FOLLOWING 
PROVISIONS: 
(A) IN SITUATIONS OF NATIONAL EMERGENCY OR 
OTHER CIRCUMSTANCES OF EXTREME URGENCY, 
THE RIGHT HOLDER SHALL BE NOTIFIED AS SOON 
AS REASONABLY PRACTICABLE; 
(B) IN THE CASE OF PUBLIC NON-COMMERCIAL USE, 
WHERE THE GOVERNMENT OR CONTRACTOR, 
WITHOUT MAKING A PATENT SEARCH, KNOWS OR 
HAS DEMONSTRABLE GROUNDS TO KNOW THAT A 
VALID PATENT IS OR WILL BE USED BY OR FOR 
THE GOVERNMENT, THE RIGHT HOLDER SHALL BE 
INFORMED PROMPTLY, 
(C) THE SCOPE AND DURATION OF SUCH USE SHALL BE 
LIMITED TO THE PURPOSE FOR WHICH IT WAS 
AUTHORIZED, AND IN THE CASE OF SEMI- 
CONDUCTOR TECHNOLOGY, SHALL ONLY BE FOR 
PUBLIC NON-COMMERCIAL USE OR TO REMEDY A 
PRACTICE DETERMINED AFTER 
JUDICIAL OR 
ADMINISTRATIVE 
PROCESS 
TO 
BE 
ANTI- 
COMPETITIVE; 
(D) SUCH USE SHALL BE NON-EXCLUSIVE; 
(E) 
THE RIGHT HOLDER SHALL BE PAID ADEQUATE 
REMUNERATION IN THE CIRCUMSTANCES OF EACH 
CASE, TAKING INTO ACCOUNT THE ECONOMI 
VALUE OF THE AUTHORIZATION, 
(F) THE LEGAL VALIDITY OF ANY DECISION RELATING 
TO THE AUTHORIZATKON OF SUCH USE SHALL BE 
SUBJECT TO JUDICIAL REVIEW; AND 


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(G) SUBJECT TO THE CONTROL, SUPERVISION AND 
DETERMINATION 
OF 
THE 
RESPECTIVE 
SECRETARIES OF THE DEPARTMENT OF HEALTH 
AND DEPARTMENT OF TRADE AND INDUSTRY, THE 
USE 
OR 
OTHER 
EXPLOITATION 
BY 
THE! 
GOVERNMENT OR ANY OF ITS AUTHOREED 
REPRESENTATIVES OF DRUGS OR MEDICINES TO 
PROTECT 
PUBLIC 
HEALTH 
SHALL 
BE 
IMMEDIATELY EXECUTORY AND SHALL NOT BE 
SUBJECT TO ANY TEMPORARY RESTRAINING 
ORDER OR PRELIMINARY INJUNCTION OR SUCH 
OTHER 
PROVISIONAL 
REMEDIES 
THAT 
WILL 
PREVENT ITS IMPLEMENTATION. NO SUIT OF ANY 
KIND RELATED TO SUCH MAY BE FILED AGAINST 
THE RELEVANT PUBLIC OFFICIALS OR OTHER 
AUTHORIZED 
PERSONS 
ACTING 
UNDER 
THE 
DIRECTION 
OF 
THE 
SECRETARIES 
OF 
THE 
DEPARTMENT OF HEALTH AND THE DEPARTMENT 
OF TRADE AND INDUSTRY. ALL CASES ARISING 
FROM THE IMPLEMENTATION OF THIS PROVISION 
SHALL 
BE 
COGNIZABLE 
BY 
COURTS 
WITH 
APPROPRIATE JURISDICTION PROVIDED BY LAW.” 
SEC. 4. Sec. 147 of Republic Act No. 8293 is hereby amended to read as 
follows: 
“Sec. 147. Rights Conferred. - 147.1. EXCEPT IN CASES OF 
IMPORTATION OF DRUGS OR MEDICINES ALLOWED UNDER 
SECTION 72.1, [Tlthe owner of a registered mark shall have the 
exclusive right to prevent all third parties not having the owner’s consent 
from using in the course of trade identical or similar signs or containers 


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for goods or services which are identical or similar to those in respect of 
which the trademark is registered where such use would result in a 
likelihood of confusion. In case of the use of an identical sign for 
identical goods or services, a likelihood of confusion shall be presumed. 
“147.2 The exclusive right of the owner of a well known mark 
defined in Subsection 123.l(e) which is registered in the Philippines, shall 
extend to goods and services which are not similar to those in respect of 
which the mark is registered Provided, That use of that mark in relation to 
those goods or services would indicate a connection between those goods 
or services and the owner of the registered mark Provided, further, That 
the interests of the owner of the registered mark are likely to be damaged 
by such use.(n)” 
SEC. 5. Separability Clause. - Any portion or provisions of this Act that may be 
declared unconstitutional or invalid shall not have the effect of nullifying other portions 
and provisions hereof as long as such remaining portion or provision can still subsist and 
be given effect in their entirety. 
SEC. 6. Repealing Clause. - All laws, decrees, executive orders, proclamations 
and administrative regulations, or parts thereof inconsistent herewith are hereby repealed 
or modified accordingly. 
SEC. 7. Efectivity Clause. - This Act shall take effect fifteen (15) days after its -B 
publication in at least two (2) national papers of general circulation. 
Approved, 
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