Policies, Guidelines, AND LAWS IN Nursing Informatics PDF

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RA 8293 Intellectual Property Code Patent o An invention patent is a government- issued grant, bestowing an exclusive right to an inventor over a product or process that provides any technical solution to a problem in any field of human activity which is new, inventive, and industrially applicable ...

Description

RA 8293 Intellectual Property Code 

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Patent o An invention patent is a government- issued grant, bestowing an exclusive right to an inventor over a product or process that provides any technical solution to a problem in any field of human activity which is new, inventive, and industrially applicable o It is an exclusive right that allows the inventor to exclude others from making, using, or selling the products of his invention during the life of the patent. Patent owners may also give permission to, or license, other parties to use their inventions on mutually agreed terms. Owners may also sell their invention rights to someone else, who then becomes the new owner of the patent Eligibility o The Intellectual property code of the Philippines sets three conditions for an invention to be deemed patentable:  It has to be new  Involves an inventive step  Industrially applicable o Filling Date Requirement- 40.1. The filling date of a patent application shall be the date of receipt by the Office of at least the following elements:  (a) an express or implicit indication that a Philippine patent is sought;  (b) information identifying the applicant; and  (c) description of the invention and one (1) or more claims in Filipino or English o 40.2 If any of these is not submitted within the period set by the regulations, the application shall be considered withdrawn. Term of Protection o The term of a patent shall be twenty (20) years from the filing date of the application. The patent must be maintained yearly, starting from the 5th year. Protection of Patent o The annual fee shall be paid upon the expiration of four (4) years from the date the application was published. Payment of the annual fee may be made 3 months before the due date. If the annual fee is not paid, the patent application shall be deemed withdrawn or the patent shall be considered as lapsed from the day following the expiration of the period within which the annual fee was due. A grace period of six (6) months shall be granted for

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the payment of the annual fee, upon payment of the prescribed surcharge for delayed payments. Importance of Patents o Revenue Source  Commercialize o Marketing benefit  Strong market position o Bargaining Chip  Increase in negotiating power o Industry Control/ Influence  Opportunity to license/ sell o Defensive Uses  Protect against infringement Purpose of A patent o To encourage inventors to disclose their inventions o Incentive for future research o To enable the inventor to recoup the cost of the invention o To facilitate technology transfer and licensing

Intellectual Property Code of the Philippines (Republic Act No. 8293) 

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22.4 Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision shall not apply to micro-organisms and non- biological and microbiological processes. 22.5 Aesthetic creations; and 22.6 Anything which is contrary to public order or morality (Sec. 8, R>A No. 165a)

Copyright Law 

Copyright or Economic Rights shall consist of the exclusive right to carry out, authorize or prevent the following acts: o 177.1 Reproduction of the work or substantial portion of the work; o 177.2 Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the work; o 177.3 The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership; o 177.4 Rental of the original or a copy of an audiovisual or cinematographic work, a work embodied in a sound recording, a computer program, a compilation of data and other materials or a musical work in graphic form, irrespective of the ownership of the original or the copy which is the subject of the rental; (n) o 177.5 Public display of the original or a copy of the work;

o 177.6 Public performance of the work; and o 177.7 Other communication to the public of the work. (sec. 5, P.D. No. 49a) Ethical Principles with Brief Descriptions Ethical Principles Justice Beneficence Nonmaleficenc e Accountability Fidelity Autonomy Veracity

Definitions Persons who are equals should qualify for equal treatment Do good Do no harm Respect the uniqueness and dignity of each person Faithfulness- displaying loyalty, promise keeping and respect Honor the patients’ right to make his or her own decisions Be truthful

12 Patients’ Bill of rights  

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• The patient has the right to considerate and respectful care. The patient has the right to obtain from his physician complete and current information concerning his diagnosis, treatment, and prognosis in terms the patient can reasonably expect to understand. The patient has the right to receive from the physician information necessary to give informed consent prior to the start of any procedure and/or treatment. The patient has the right to refuse treatment and to be informed of the medical consequences of his action. The patient has the right to every consideration of his privacy concerning his own medical care program. The patient has the right to expect that all communications and records pertaining to his care should be treated as confidential. The patient has the right to expect within its capacity, a hospital must take reasonable response to the request of a patient for service. The patient has the right to obtain information as to any relationships his hospital has to other health care and educational institutions insofar as his care is concerned. The patient has the right to be advised if the hospital propose to engage in or perform human experimentation affecting his care or treatment. The patient has the right to expect reasonable continuity of care. The patient has the right to examine and receive an explanation of his bill.

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The patient has the right to know what hospital rules ,''and regulations apply to his conduct as a patient....