Are mathematical methods registrable under our Intellectual Property Law?
The Philippines recognizes intellectual and industrial property as vital to the development of its domestic and creative activity. The enactment of R.A. 8293 or the Intellectual Property Code of the Philippines bolsters the protection of these rights through Trademark, Copyright, and Patent.
A Trademark is defined as any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods. An example of a Trademark is the “Swoosh” mark from Nike and the “Golden Arches” from McDonald’s. Generally, in order to protect a trademark, it needs to be registered with the Intellectual Property Office of the Philippines (IPOPH). Some exceptions to the registration of Trademark are those that are immoral, deceptive, or scandalous; and if it could confuse or resemble a mark already registered.
A Copyright can protect literary and artistic works (“works”), which are original intellectual creations in the literary and artistic domain. Such works are protected from the moment of their creation. Protected works include, but are not limited to: books, pamphlets, articles and other writings; periodicals and newspapers; musical compositions, with or without words; and photographic works. There are some works that cannot be copyrighted such as any idea, procedure, system, method or operation, and concept – because they are not considered literary or artistic.
A Patent is any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable. The right to a patent belongs to the inventor, his heirs, or assigns. Examples of a patentable invention are the LED light bulbs and the bladeless electric-fan. Like a Trademark, a patent can be protected by registering it to the Intellectual Property Office of the Philippines (IPOPH). The term of protection for a Patent is (20) years from the date of filing in the Philippines, with no possibility of renewal.
However, like all laws, it has its own exceptions.
In a letter last month which made rounds on social media, a Filipino citizen by the name of Danny Calcaben claims to have made a breakthrough discovery involving a groundbreaking formula in the field of mathematics. The letter, addressed to no less than President Ferdinand R. Marcos, Jr., claims that the formula is the “most significant mathematical discovery of the 21st century” with the potential to strengthen internet security. Notably, Mr. Calcaben appealed to the President for the “best way to protect and disseminate” his work. Can this mathematical formula be subject to intellectual property protection?
While this discovery would be amazing if true, the Intellectual Property Code states that mathematical equations are considered non-patentable inventions. Other non-patentable inventions include discoveries, scientific theories, drugs and medicines, and biological processes for the production of plants or animals (Section 22, R.A. 8293).
For more guidance on your discoveries, contact Batocabe & Partners for legal assistance in protecting your intellectual properties.
