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E.I. Dupont de Nemours vs. IPO Director Francisco

E.I. DUPONT DE NEMOURS AND CO. (ASSIGNEE OF INVENTORS CARINI, DUNCIA AND WONG), PETITIONER, VS. DIRECTOR EMMA C. FRANCISCO (IN HER CAPACITY AS DIRECTOR GENERAL OF THE INTELLECTUAL PROPERTY OFFICE), DIRECTOR EPIFANIO M. EVASCO (IN HIS CAPACITY AS THE DIRECTOR OF THE BUREAU OF PATENTS), AND THERAPHARMA, INC., RESPONDENTS.

G.R. No. 174379 | 2016-08-31

SECOND DIVISION
DECISION
 
LEONEN, J.:
 
A patent is granted to provide rights and protection to the inventor after an invention is disclosed to the public. It also seeks to restrain and prevent unauthorized persons from unjustly profiting from a protected invention. However, ideas not covered by a patent are free for the public to use and exploit. Thus, there are procedural rules on the application and grant of patents established to protect against any infringement. To balance the public interests involved, failure to comply with strict procedural rules will result in the failure to obtain a patent.

This resolves a Petition for...