RA 8293 - Intellectual Property Code of the Philippines

21with a search document established by or on behalf of the Officeciting any documents that reflect prior art, after the expiration ofeighteen (18) months from the filing date or priority date.44.2. After publication of a patent application, anyinterested party may inspect the application documents filed withthe Office.44.3. The Director General, subject to the approval ofthe Secretary of Trade and Industry, may prohibit or restrict thepublication of an application, if in his opinion, to do so would beprejudicial to the national security and interests of the Republicof the Philippines. (n)SEC. 45. Confidentiality Before Publication. – A patentapplication, which has not yet been published, and all relateddocuments, shall not be made available for inspection withoutthe consent of the applicant. (n)SEC. 46. Rights Conferred by a Patent Application AfterPublication. – The applicant shall have all the rights of a patenteeunder Section 76 against any person who, without hisauthorization, exercised any of the rights conferred under Section71 of this Act in relation to the invention claimed in the publishedpatent application, as if a patent had been granted for thatinvention: Provided, That the said person had:46.1. Actual knowledge that the invention that he wasusing was the subject matter of a published application; or46.2. Received written notice that the invention that hewas using was the subject matter of a published application beingidentified in the said notice by its serial number: Provided, Thatthe action may not be filed until after the grant of a patent on thepublished application and within four (4) years from thecommission of the acts complained of. (n)SEC. 47. Observation by Third Parties. – Following thepublication of the patent application, any person may presentobservations in writing concerning the patentability of the