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LIMITATIONS OF PATENT RIGHTS

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1LIMITATIONS OF PATENT RIGHTS Empty LIMITATIONS OF PATENT RIGHTS Tue Sep 23, 2008 4:50 pm

barrister

barrister
Reclusion Perpetua

The owner of a patent has no right to prevent third parties from performing, without his authorization, the acts conferred in Section 71 hereof in the following circumstances.

(1) Using a patented product – put on 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
(2) Where act is done privately and on a noncommercial scale or for a non-commercial purpose – provided that it does not significantly prejudice the economic interests of the owner of the patent
(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
(4) 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
(5) Where the invention is used in any ship, vessel, aircraft or land vehicles of any other country entering the territory of the Philippines temporarily or accidentally – provided that such invention is used
exclusively for the needs of such vessel and not used for the manufacturing of anything to be sold within the Philippines

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