Intellectual Property Rights in Computer Engineering: Understanding RA 8293

Last Updated: November 20, 2025

Introduction

As computer engineers in the Philippines, we create value through innovation—designing new systems, developing software, inventing algorithms, and building solutions to complex problems. But what happens to the intellectual creations we produce? Who owns the code you write? Can someone copy your innovative design? How do you protect your inventions from being stolen or misused?

These questions are all addressed by intellectual property law, one of the most important legal frameworks for computer engineering professionals. Whether you’re an employee developing software for a company, an entrepreneur launching a tech startup, or a researcher creating innovative systems, understanding intellectual property rights is essential for protecting your work and respecting the rights of others.

This comprehensive guide explores the Intellectual Property Code of the Philippines (Republic Act No. 8293), focusing specifically on how it applies to computer engineering practice. We’ll examine patents, copyrights, trademarks, and trade secrets—the four main pillars of intellectual property protection—and provide practical guidance on how to protect your innovations and avoid infringing on others’ rights.

What is Intellectual Property?

Intellectual property (IP) refers to creations of the mind—inventions, literary and artistic works, symbols, names, images, and designs used in commerce. Unlike physical property, intellectual property is intangible, but it can be just as valuable, if not more so. In the technology sector, intellectual property often represents a company’s most valuable asset.

The concept behind IP law is straightforward: if you create something original, you should have the right to control how it’s used and to benefit from it. This encourages innovation by ensuring that creators can profit from their work without fear of immediate copying by competitors.

Two Main Categories of Intellectual Property

Intellectual property is typically divided into two main categories:

1. Industrial Property: Includes patents, trademarks, industrial designs, utility models, and trade secrets. These protect functional innovations, distinctive signs, and confidential business information.
2. Copyright and Neighboring Rights: Protects literary and artistic works, including computer programs, databases, and other creative expressions.

For computer engineers, all these categories are relevant. You might develop patentable inventions (new algorithms or hardware designs), create copyrighted works (software code and documentation), use trademarks (product names and logos), and handle trade secrets (proprietary methodologies and confidential data).

The Intellectual Property Code of the Philippines (RA 8293)

Republic Act No. 8293, known as the Intellectual Property Code of the Philippines, was signed into law by President Fidel V. Ramos on June 6, 1997, and took effect on January 1, 1998. This comprehensive legislation consolidated and updated various previous IP laws into a single code that aligns with international standards.

Key Objectives of RA 8293

1. Protect intellectual property rights to encourage innovation and creativity
2. Balance protection with public access to knowledge and technology
3. Promote economic development through innovation and technology transfer
4. Comply with international agreements such as the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights)
5. Establish clear procedures for registration, enforcement, and dispute resolution

The Intellectual Property Office of the Philippines (IPOPHL)

RA 8293 established the Intellectual Property Office of the Philippines (IPOPHL) as the primary government agency responsible for administering and implementing IP laws. IPOPHL handles patent and trademark registrations, copyright concerns, and IP enforcement. For computer engineers, IPOPHL is where you file patent applications, register trademarks, and seek assistance with IP matters.

Patents: Protecting Technical Innovations

Patents are one of the most powerful forms of IP protection for computer engineers. A patent grants its owner the exclusive right to make, use, sell, or import an invention for a limited period, typically 20 years from the filing date.

What Can Be Patented in Computer Engineering?

To be patentable under RA 8293, an invention must meet three requirements:

1. Novelty: The invention must be new and not part of prior art (anything publicly available anywhere in the world before the filing date)
2. Inventive Step (Non-obviousness): The invention must not be obvious to someone skilled in the relevant technical field
3. Industrial Applicability: The invention must be capable of being made or used in any kind of industry

Examples of patentable computer engineering inventions:

• Novel hardware designs or architectures
• New microprocessor designs
• Innovative semiconductor devices
• Computer-implemented inventions (algorithms applied to solve technical problems)
• Hardware-software systems that produce technical effects
• Data processing methods that improve computer performance
• Network protocols and architectures
• Embedded systems and IoT devices

What Cannot Be Patented?

Philippine patent law excludes certain things from patentability that are particularly relevant to computer engineers:

• Discoveries, scientific theories, and mathematical methods: Pure algorithms or mathematical formulas cannot be patented, though their application to solve technical problems may be
• Business methods or schemes: Pure business methods without technical implementation are not patentable
• Computer programs “as such”: Software code alone is protected by copyright, not patents. However, computer-implemented inventions that produce technical effects beyond normal computer operation may be patentable
• Presentation of information: New ways of displaying data without technical innovation

Important Note on Software Patents: While “computer programs as such” are not patentable, computer-implemented inventions that solve technical problems can be. The key is whether the invention provides a technical solution beyond what a general-purpose computer would do. This is a nuanced area where consulting with an IP attorney is advisable.

Patent Rights and Duration

A patent grants the patent holder exclusive rights for 20 years from the filing date (for regular patents) or 7 years (for utility models, a simpler form of patent protection). During this period, no one else can make, use, sell, or import the patented invention without the patent holder’s permission.

Rights granted to patent holders:

• Exclusive right to make, use, and sell the invention
• Right to license the patent to others
• Right to sell or transfer the patent
• Right to prevent others from using the invention
• Right to seek damages for infringement

The Patent Application Process

Filing a patent in the Philippines involves several steps:

1. Conduct a prior art search: Before filing, search existing patents and publications to ensure your invention is novel
2. Prepare the application: This includes detailed technical descriptions, claims defining the scope of protection, and drawings if applicable
3. File with IPOPHL: Submit your application along with required fees
4. Examination: IPOPHL examines your application for compliance and patentability
5. Publication: If the application passes preliminary examination, it’s published 18 months after filing
6. Substantive examination: The application undergoes detailed technical examination
7. Grant or refusal: If approved, the patent is granted; if refused, you may appeal

Timeline: The patent process in the Philippines typically takes 3-5 years from filing to grant.

Employee Inventions: Who Owns What You Create?

This is a critical issue for computer engineers working for companies. Under RA 8293, the ownership of inventions created by employees depends on the circumstances:

The employer owns the invention if:

• The invention was created as part of your regular employment duties
• You were specifically hired to invent or conduct research
• The invention was made using the employer’s time, facilities, and materials

You own the invention if:

• It was created outside your employment duties
• It was made on your own time using your own resources
• It’s unrelated to your employer’s business

Practical Advice: Always review your employment contract carefully. Many employers include IP assignment clauses that broadly claim ownership of any invention you create during employment. If you plan to work on personal projects, negotiate clear terms about ownership of work done outside employment hours.

Copyright: Protecting Creative Works and Software

Copyright is perhaps the most frequently relevant form of IP protection for computer engineers, particularly those working in software development. Copyright automatically protects original works of authorship, including computer programs.

What Copyright Protects

Under RA 8293, copyright protects literary and artistic works, which explicitly includes:

• Computer programs: Source code and object code
• Compilations of data: Databases and data structures (if they’re original in selection or arrangement)
• Technical drawings and diagrams: Circuit designs, flowcharts, system architectures
• Written documentation: User manuals, technical specifications, API documentation
• Graphical user interfaces: Screen designs and visual elements
• Multimedia content: Images, videos, and audio in software applications

What Copyright Does NOT Protect

Understanding what copyright doesn’t protect is equally important:

• Ideas, concepts, and algorithms: Copyright protects expression, not ideas. You can’t copyright the idea of a sorting algorithm, but you can copyright your specific implementation of it
• Facts and data: Raw data and factual information are not copyrightable
• Methods and procedures: The functional aspects of a program (what it does) aren’t protected, only how it’s expressed in code
• Names, titles, and short phrases: These may be protected by trademark law instead

Copyright Protection for Software

Software receives special treatment under copyright law. Computer programs are protected as literary works, meaning both the source code and compiled object code are protected.

Key aspects of software copyright:

• Automatic protection: Copyright exists from the moment you create the code; registration is not required (though it provides additional benefits)
• Protects expression, not functionality: Two programs that do the same thing can both be copyrighted if they’re independently written
• Duration: For most works, copyright lasts for the life of the author plus 50 years
• Works made for hire: For software created by employees, the employer is considered the author and copyright holder

Rights Granted by Copyright

Copyright holders have exclusive rights to:

• Reproduce the work (make copies)
• Prepare derivative works (create modified versions)
• Distribute copies to the public
• Publicly display or perform the work
• Control how the work is used commercially

Fair Use Doctrine

Not all uses of copyrighted material require permission. The fair use doctrine allows limited use of copyrighted works for purposes such as:

• Criticism and commentary
• News reporting
• Teaching and education (limited classroom use)
• Scholarship and research
• Parody

For computer engineers: Fair use might allow you to quote small portions of code in documentation or educational materials, but copying substantial amounts of code, even for learning purposes, typically doesn’t qualify as fair use.

Copyright Infringement and Penalties

Copyright infringement occurs when someone violates the exclusive rights of the copyright holder without permission or legal justification. Common forms of infringement in computer engineering include:

• Copying source code without authorization
• Unauthorized distribution of software
• Creating derivative works without permission
• Software piracy

Penalties under RA 8293:

• Imprisonment ranging from 1 to 9 years
• Fines from ₱50,000 to ₱1,500,000
• Civil damages and lost profits
• Destruction of infringing copies

Trade Secrets: Protecting Confidential Information

Trade secrets are an often-overlooked but crucial form of IP protection, especially for competitive advantages that don’t qualify for or benefit from patent or copyright protection.

What Qualifies as a Trade Secret?

Under RA 8293, information qualifies as a trade secret if:

1. It’s secret: Not generally known or readily accessible to people who normally deal with such information
2. It has commercial value: The information provides economic benefit from being secret
3. Reasonable efforts to maintain secrecy: The owner has taken reasonable steps to keep it secret

Examples of trade secrets in computer engineering:

• Proprietary algorithms and methodologies
• Source code (when not publicly disclosed)
• Database schemas and architectures
• System designs and specifications
• Performance optimization techniques
• Customer lists and business data
• Manufacturing processes
• Technical know-how and methodologies

Protecting Trade Secrets

Unlike patents and copyrights, trade secrets have no registration process. Protection depends entirely on maintaining secrecy. Here’s how to protect trade secrets:

1. Identify what’s secret: Clearly determine what information qualifies as a trade secret
2. Implement access controls: Limit access to need-to-know basis
3. Use confidentiality agreements: Require NDAs from employees, contractors, and business partners
4. Mark documents appropriately: Label confidential materials
5. Implement technical security: Use encryption, access logs, and secure storage
6. Train employees: Ensure staff understands what’s confidential and how to protect it
7. Control physical access: Secure facilities and equipment

Trade Secret Misappropriation

Misappropriation occurs when someone acquires, discloses, or uses a trade secret without authorization through:

• Theft, bribery, or espionage
• Breach of confidentiality agreements
• Improper means of acquisition
• Unauthorized disclosure by employees or partners

Legal protection: Trade secret misappropriation is addressed through multiple Philippine laws:

• RA 8293 Section 168: Addresses unfair competition including trade secret misappropriation
• Revised Penal Code Article 291: Prohibits disclosure of trade secrets by managers or employees
• Cybercrime Prevention Act: If trade secrets are obtained through hacking or unauthorized access
• Data Privacy Act: If trade secrets involve personal information

Trade Secrets vs. Patents: Which to Choose?

Computer engineers often face the choice between patenting an invention or keeping it as a trade secret. Consider these factors:

Choose patents when:

• The invention can be reverse-engineered from products
• You want exclusive rights for a defined period
• You want to license or sell the technology
• The technology has a shorter useful life (less than 20 years)

Choose trade secrets when:

• The information is difficult to reverse-engineer
• You want protection beyond 20 years
• You don’t want to disclose the information publicly
• The invention may not meet patentability requirements

Trademarks: Protecting Your Brand

While trademarks may seem less technical than patents or copyrights, they’re equally important for computer engineers, especially those involved in product development or entrepreneurship.

What Trademarks Protect

Trademarks protect distinctive signs that identify and distinguish goods or services. For computer engineers, this includes:

• Software product names
• Company names and logos
• Service marks for online platforms
• App names and icons
• Brand identities
• Distinctive product packaging

Trademark Registration

Unlike copyright, trademark rights in the Philippines are primarily established through registration with IPOPHL. Registration provides:

• Exclusive right to use the mark
• Legal presumption of ownership
• Nationwide protection
• Ability to prevent others from using confusingly similar marks
• Renewable protection (indefinitely, in 10-year periods)

Practical Guidelines for Computer Engineers

1. Respect Others’ IP Rights

• Never copy code without permission or proper licensing
• Review and comply with open source licenses
• Respect patents when designing systems
• Don’t use others’ trademarks without authorization
• Honor NDAs and confidentiality agreements

2. Protect Your Own Work

• Document your innovations and creation dates
• Use copyright notices on your code and documentation
• Consider patent protection for significant inventions
• Implement trade secret protections
• Register trademarks for your products

3. Understand Employment IP Clauses

• Read employment contracts carefully
• Understand IP assignment provisions
• Negotiate terms for personal projects
• Keep personal and work projects clearly separated
• Document when and where you create things

4. Use Proper Licensing

• Choose appropriate licenses for your code
• Understand different open source licenses
• Track third-party components and their licenses
• Ensure license compatibility in projects
• Maintain license compliance documentation

Frequently Asked Questions

1. Does my employer own the code I write at home on weekends?

It depends on your employment contract and the nature of the code. If it’s related to your work duties or uses company resources, your employer may claim ownership. Review your contract carefully and consider negotiating clear terms for personal projects.

2. Can I use code I find on Stack Overflow or GitHub?

Check the license. Stack Overflow content is under Creative Commons license, while GitHub projects have various licenses. Always respect the license terms, give proper attribution, and ensure compatibility with your project’s license.

3. Should I patent my software algorithm?

Pure algorithms generally aren’t patentable, but computer-implemented inventions that solve technical problems may be. Consult with an IP attorney to determine if your innovation qualifies and whether patenting or trade secret protection is more appropriate.

4. How do I register copyright for my software?

Copyright protection is automatic upon creation. Registration with the National Library of the Philippines provides additional benefits including legal presumption of ownership, but it’s not required for protection.

5. What happens if I accidentally infringe someone’s patent?

Patent infringement can be unintentional but still carries liability. If accused, consult an IP attorney immediately. You may need to obtain a license, redesign your product, or negotiate a settlement.

Conclusion

Intellectual property law is fundamental to computer engineering practice in the Philippines. Understanding RA 8293 empowers you to protect your innovations, respect others’ rights, and navigate the legal landscape of technology development.

Whether you’re developing software, inventing new systems, creating brands, or protecting confidential information, IP law provides the framework for securing the value of your intellectual creations. By understanding patents, copyrights, trademarks, and trade secrets, you can make informed decisions about how to protect your work and build successful careers and businesses.

Remember that IP law is complex and continually evolving. When facing significant IP decisions—such as filing a patent, negotiating employment IP clauses, or dealing with infringement—consult with qualified IP attorneys who can provide advice tailored to your specific situation.

As computer engineers, we’re not just technical professionals; we’re creators and innovators. Understanding and properly utilizing intellectual property rights allows us to protect our creations, build sustainable businesses, and contribute to the Philippines’ growing technology ecosystem.

References

1. Republic of the Philippines. (1997). Republic Act No. 8293 – Intellectual Property Code of the Philippines. Official Gazette. Retrieved from https://www.officialgazette.gov.ph/1997/06/06/republic-act-no-8293/
2. LawPhil Project. (1997). Republic Act No. 8293. Arellano Law Foundation. Retrieved from https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
3. Intellectual Property Office of the Philippines (IPOPHL). (n.d.). Intellectual Property Code & Implementing Rules and Regulations. Retrieved from https://www.ipophil.gov.ph/intellectual-property-code-implementing-rules-and-regulations/
4. Respicio & Co. (2024). Republic Act No. 8293, as amended. Retrieved from https://www.respicio.ph/bar/2025/mercantile-and-taxation-laws/intellectual-property/republic-act-no8293-as-amended
5. University of the Philippines Los Baños – OVCRE. (n.d.). Types of Intellectual Properties. Retrieved from https://ovcre.uplb.edu.ph/research/guidelines-and-procedures/protecting-intellectual-property/item/334-types-of-intellectual-properties
6. Law.Asia. (n.d.). Trade secrets in the Philippines protected by blend of laws. Retrieved from https://law.asia/trade-secrets-philippines/
7. Respicio & Co. (n.d.). Examples of Trade Secret Privileges in Intellectual Property Law. Retrieved from https://www.respicio.ph/commentaries/examples-of-trade-secret-privileges-in-intellectual-property-law
8. Supreme Court E-Library. (n.d.). Republic Act No. 8293 – An Act Prescribing the Intellectual Property Code. Retrieved from https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/4371
9. Food and Fertilizer Technology Center. (n.d.). Republic Act 8293: Protecting the Intellectual Property in the Philippines. Retrieved from https://ap.fftc.org.tw/article/531

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Intellectual property law is complex and case-specific. For specific legal concerns, consult with a qualified intellectual property attorney. Laws and regulations may change over time; always verify current legal requirements.

Article Length: Approximately 4,500 words

Target Audience: Computer Engineering students and professionals in the Philippines

Category: CpE Laws and Professional Practice

Tags: Intellectual Property, RA 8293, Patents, Copyrights, Trade Secrets, Trademarks, Software Copyright, IP Rights Philippines, Computer Engineering Law