RA 8293 - Intellectual Property Code of the Philippines

39SEC. 96. Compulsory Licensing of Patents Involving Semi-Conductor Technology. – In the case of compulsory licensing ofpatents involving semi-conductor technology, the license may onlybe granted in case of public non-commercial use or to remedy apractice determined after judicial or administrative process to beanti-competitive. (n)SEC. 97. Compulsory License Based on Interdependenceof Patents. – If the invention protected by a patent, hereafterreferred to as the "second patent," within the country cannot beworked without infringing another patent, hereafter referred toas the "first patent," granted on a prior application or benefitingfrom an earlier priority, a compulsory license may be granted tothe owner of the second patent to the extent necessary for theworking of his invention, subject to the following conditions:97.1. The invention claimed in the second patent involvesan important technical advance of considerable economicsignificance in relation to the first patent;97.2. The owner of the first patent shall be entitled to across-license on reasonable terms to use the invention claimed inthe second patent;97.3. The use authorized in respect of the first patentshall be non-assignable except with the assignment of the secondpatent; and97.4. The terms and conditions of Sections 95, 96 and 98to 100 of this Act. (Sec. 34-C, R.A. No. 165a)SEC. 98. Form and Contents of Petition. – The petitionfor compulsory licensing must be in writing, verified by thepetitioner and accompanied by payment of the required filing fee.It shall contain the name and address of the petitioner as well asthose of the respondents, the number and date of issue of thepatent in connection with which compulsory license is sought,the name of the patentee, the title of the invention, the statutorygrounds upon which compulsory license is sought, the ultimatefacts constituting the petitioner's cause of action, and the reliefprayed for. (Sec. 34-D, R.A. No. 165)