Closed Is patented research can be innovate?

Good day! Ask ko lang po. ngayon kasi nasa kalagitnaan ako ng pagiisipng Thesis title, maynakita akong Research paper na patented na. Ito yung link You do not have permission to view the full content of this post. Log in or register now.. Ask ko lang pwede o pa ba tong gamitin?

Baka makasuhan ka lang nyan pag nahuli ka.

kaya nga sir. plagiarism pa mangyayari. Hindi naman sya totally na kokopyahin may some innovations namn sir.

Pwede mo sigurong isama sa related studies. I cite mo lang nang maayos.

Sige Sir Salamat!

Para iwas gisa ng panels, ihighlight mo din sa Related Studies na yung study na yun ay foreign, tapos yung iyo ay local.

Yap you can innovate it and lay it as basis of your innovation. inernational treaties on intellectual property rights provide that design or a research made can be improve by other researchers to propagate technological/research growth and development otherwise magiging stagnant lang yung mga previous research at di madedevelop sa kanilang maximum potential.

eto sir guideline from my former intellectual property rights law professor father ranny.

1. You do not apply for copyright. Under the Berne Convention which has been incorporated into R.A. 8293, the Intellectual Property Code of the Philippines, copyright is under the "no formality" regime, meaning that it automatically vests upon the creation of the work. The National Library registers copyrights, but does not grant them. And even if a copyright protected work is not registered, an author or artist whose work has been infringed may still bring and maintain an action to vindicate his economic and moral rights. Under the law, there is only one requirement of copyright: "originality" -- which simply requires that the work be created by the author or the artist. However, I have always insisted to my students in IP Law that there is a second "implicit" requirement -- and that is, that there be a "work" to protect. This is no paltry matter because it has been asked whether a word like "Exxon" qualifies to be a work -- and courts, in general have held that while words may be registered as trade or service marks, they do not qualify for copyright protection.

2. Patents require three things: (a) Novelty, which is negated by prior art (b) an Inventive Step, which is negated by obviousness (c) Industrial applicability. Please note that from the time you start displaying, exhibiting, writing about or distributing samples of your product, you have ONE YEAR within which to file your application for a patent, otherwise your own acts bar patent protection.

3. Most of the time, one applies for utility model registration because patents are rather difficult to obtain. A patent has a life-span of twenty years (non-renewable); a utility-model, half that, likewise non-renewable.

4. Patent protection in the Philippines does not mean patent protection in all other jurisdictions where your product or invention may be sold, distributed or used. This is the reason that pharmaceutical corporations and technological enterprises file multiple patent applications in different jurisdictions, although there is a Patent Cooperation Treaty that facilitates the application for patent in different jurisdictions. It remains true, however, that patents are territorially protected.

5. In case of infringement you have the option of pursuing an administrative action before the Intellectual Property Office, Bureau of Legal Affairs, or before our regular courts, and the Supreme Court has held that it is the Regional Trial Court (Special Commercial Court) that has jurisdiction over IP cases.

6. Do not mix up copyright and patent protection. When you invent a machine for urine into gasoline, for example, and you write out a technical diagram of the machine, the diagram has copyright protection -- but that does not grant protection that a patent would grant against the use, reproduction, sale and distribution of the machine itself. In other words, copyright protects the diagram but not the product diagrammed.

If you have any questions in regard to IP, especially now that President Jaye has put us on high gear for research, please ask me, and I shall do my best to answer them.