G.R. No.

L-12426 February 16, 1959

PHILIPPINE LAWYER'S ASS!IA"IN, #e$%$%o&er,
'(.
!ELE)NI AGRA*A, %& +%( ,a#a,%$y a( )%re,$or o- $+e P+%.%##%&e( Pa$e&$
--%,e, re(#o&/e&$.
MONTEMAYOR, J.:
This is the petition filed by the Philippine Lawyer's Assoiation for prohibition and in!"ntion a#ainst $eledonio
A#ra%a, in his apaity as &iretor of the Philippines Patent Offie.
On 'ay (), *+,), respondent &iretor iss"ed a ir"lar anno"nin# that he had shed"led for -"ne (), *+,) an
e.a'ination for the p"rpose of deter'inin# who are /"alified to pratie as patent attorneys before the Philippines
Patent Offie, the said e.a'ination to o%er patent law and !"rispr"dene and the r"les of pratie before said offie.
Aordin# to the ir"lar, 'e'bers of the Philippine 0ar, en#ineers and other persons with s"ffiient sientifi and
tehnial trainin# are /"alified to ta1e the said e.a'ination. 2t wo"ld appear that heretofore, respondent &iretor has
been holdin# si'ilar e.a'inations.
2t is the ontention of the petitioner Philippine Lawyer's Assoiation that one who has passed the bar e.a'inations
and is liensed by the 3"pre'e $o"rt to pratie law in the Philippines and who is in #ood standin#, is d"ly /"alified
to pratie before the Philippines Patent Offie, and that onse/"ently, the at of the respondent &iretor re/"irin#
'e'bers of the Philippine 0ar in #ood standin# to ta1e and pass an e.a'ination #i%en by the Patent Offie as a
ondition preedent to their bein# allowed to pratie before said offie, s"h as representin# appliants in the
preparation and prose"tion of appliations for patent, is in e.ess of his !"risdition and is in %iolation of the law.
2n his answer, respondent &iretor, thro"#h the 3oliitor 4eneral, 'aintains that the prose"tion of patent ases
5does not in%ol%e entirely or p"rely the pratie of law b"t inl"des the appliation of sientifi and tehnial
1nowled#e and trainin#, so '"h so that, as a 'atter of at"al pratie, the prose"tion of patent ases 'ay be
handled not only by lawyers, b"t also en#ineers and other persons with s"ffiient sientifi and tehnial trainin# who
pass the presribed e.a'inations as #i%en by the Patent Offie6 . . . that the R"les of $o"rt do not prohibit the Patent
Offie, or any other /"asi7!"diial body fro' re/"irin# f"rther ondition or /"alifiation fro' those who wo"ld wish to
handle ases before the Patent Offie whih, as stated in the preedin# para#raph, re/"ires 'ore of an appliation of
sientifi and tehnial 1nowled#e than the 'ere appliation of pro%isions of law6 . . . that the ation ta1en by the
respondent is in aordane with Rep"bli At No. *8,, otherwise 1nown as the Patent Law of the Philippines, whih
si'ilar to the 9nited 3tates Patent Law, in aordane with whih the 9nited 3tates Patent Offie has also presribed
a si'ilar e.a'ination as that presribed by respondent. . . .
Respondent f"rther ontends that !"st as the Patent law of the 9nited 3tates of A'eria a"thori:es the
$o''issioner of Patents to presribe e.a'inations to deter'ine as to who pratie before the 9nited 3tates Patent
Offie, the respondent, is si'ilarly a"thori:ed to do so by o"r Patent Law, Rep"bli At No. *8,.
Altho"#h as already stated, the &iretor of Patents, in the past, wo"ld appear to ha%e been holdin# tests or
e.a'inations the passin# of whih was i'posed as a re/"ired /"alifiation to pratie before the Patent Offie, to o"r
1nowled#e, this is the first ti'e that the ri#ht of the &iretor of Patents to do so, speially as re#ards 'e'bers of the
bar, has been /"estioned for'ally, or otherwise p"t in iss"e. And we ha%e #i%en it aref"l tho"#ht and onsideration.
The 3"pre'e $o"rt has the e.l"si%e and onstit"tional power with respet to ad'ission to the pratie of law in the
Philippines
*
and to any 'e'ber of the Philippine 0ar in #ood standin# 'ay pratie law anywhere and before any
entity, whether !"diial or /"asi7!"diial or ad'inistrati%e, in the Philippines. Nat"rally, the /"estion arises as to
whether or not appearane before the patent Offie and the preparation and the prose"tion of patent appliations,
et., onstit"tes or is inl"ded in the pratie of law.
The practice of law is not limited to the conduct of cases or litigation in court6 it e'braes the preparation of
pleadin#s and other papers inident to ations and soial proeedin#s, the 'ana#e'ent of s"h ations and
proeedin#s on behalf of lients before !"d#es and o"rts, and in addition, on%eyin#. 2n #eneral, alladvice
to clients, and all ation ta1en for the' in 'atters connected with the law orporation ser%ies, assess'ent
and onde'nation ser%ies onte'platin# an appearane before a !"diial body, the forelos"re of a
'ort#a#e, enfore'ent of a reditor's lai' in ban1r"pty and insol%eny proeedin#s, and ond"tin#
proeedin#s in attah'ent, and in 'atters of estate and #"ardianship ha%e been held to onstit"te law
pratie as do the preparation and draftin# of le#al instr"'ents, where the work done involves the
determination by the trained legal mind of the legal effect of facts and conditions. ;, A'. -"r. p. (8(, (8<=.
;E'phasis s"pplied=.
Practice of law "nder 'odern onditions onsists in no s'all part of wor1 perfor'ed o"tside of any o"rt
and ha%in# no i''ediate relation to proeedin#s in o"rt. 2t e'braes on%eyanin#, the #i%in# of le#al
ad%ie on a lar#e %ariety of s"b!ets, and the preparation and e.e"tion of le#al instr"'ents o%erin# an
e.tensi%e field of b"siness and tr"st relations and other affairs. Although these transactions may have no
direct connection with court proceedings, they are always subject to become involved in litigation. They
require in many aspects a high degree of legal skill, a wide e.periene with 'en and affairs, and #reat
apaity for adaptation to diffi"lt and o'ple. sit"ations. These "sto'ary f"ntions of an attorney or
o"nselor at law bear an inti'ate relation to the ad'inistration of !"stie by the o"rts. No %alid distintion,
so far as onerns the /"estion set forth in the order, an be drawn between that part whih in%ol%es ad%ie
and draftin# of instr"'ents in his offie. 2t is of i'portane to the welfare of the p"bli that these 'anifold
"sto'ary f"ntions be perfor'ed by persons possessed of ade/"ate learnin# and s1ill, of so"nd 'oral
harater, and atin# at all ti'es "nder the hea%y tr"st obli#ations to lients whih rests "pon all attorneys.
;Moran, $o''ents on the R"les of $o"rt, >ol. < ;*+,< ed.=, p. 88,7888, itin# 2n re Opinion of the -"sties
;Mass.=, *+? N.E. <*<, /"oted in hode !s. "ar Assoc. vs. Automobile #ervice Assoc. ;R. 2. = *)+ A. *<+,
*??=. ;E'phasis o"rs=.
2n o"r opinion, the pratie of law inl"des s"h appearane before the Patent Offie, the representation of
appliants, oppositors, and other persons, and the prose"tion of their appliations for patent, their oppositions
thereto, or the enfore'ent of their ri#hts in patent ases. 2n the first plae, altho"#h the transation of b"siness in
the Patent Offie in%ol%es the "se and appliation of tehnial and sientifi 1nowled#e and trainin#, still, all s"h
b"siness has to be rendered in aordane with the Patent Law, as well as other laws, inl"din# the R"les and
Re#"lations pro'"l#ated by the Patent Offie in aordane with law. Not only this, b"t pratie before the Patent
Offie in%ol%es the interpretation and appliation of other laws and le#al priniples, as well as the e.istene of fats to
be established in aordane with the law of e%idene and proed"re. @or instane: 3etion A of o"r Patent Law
pro%ides that an in%ention shall not be patentable if it is ontrary to p"bli order or 'orals, or to p"bli health or
welfare. 3etion + says that an in%ention shall not be onsidered new or patentable if it was 1nown or "sed by others
in the Philippines before the in%ention thereof by the in%entor na'ed in any printed p"bliation in the Philippines or
any forei#n o"ntry 'ore than one year before the appliation for a patent therefor, or if it had been in p"bli "se or
on sale in the Philippines for 'ore than one year before the appliation for the patent therefor. 3etion *B pro%ides
that the ri#ht to patent belon#s to the tr"e and at"al in%entor, his heirs, le#al representati%es or assi#ns. 3etion (,
and (8 refer to onnetion of any 'ista1e in a patent. 3etion (A en"'erates the #ro"nds for anellation of a
patent6 that altho"#h any person 'ay apply for s"h anellation, "nder 3etion (+, the 3oliitor 4eneral is
a"thori:ed to petition for the anellation of a patent. 3etion <B 'entions the re/"ire'ents of a petition for
anellation. 3etion <* and <( pro%ide for a notie of hearin# of the petition for anellation of the patent by the
&iretor of Patents in ase the said anellation is warranted. 9nder 3etion <?, at any ti'e after the e.piration of
three years fro' the day the patent was #ranted, any person patent on se%eral #ro"nds, s"h as, if the patented
in%ention is not bein# wor1ed in the Philippines on a o''erial sale, or if the de'and for the patented artile in the
Philippines on a o''erial sale, or if the de'and for the patented artile in the Philippines is not bein# 'et to an
ade/"ate e.tent and reasonable ter's, or if by reason of the patentee's ref"sal to #rant a liense on reasonable
ter's or by reason of the ondition attahed by hi' to the liense, p"rhase or "se of the patented artile or wor1in#
of the patented proess or 'ahine of prod"tion, the establish'ent of a new trade or ind"stry in the Philippines is
pre%ented6 or if the patent or in%ention relates to food or 'ediine or is neessary to p"bli health or p"bli safety. All
these thin#s in%ol%e the appliations of laws, le#al priniples, pratie and proed"re. They all for le#al 1nowled#e,
trainin# and e.periene for whih a 'e'ber of the bar has been prepared.
2n s"pport of the proposition that '"h of the b"siness and 'any of the at, orders and deisions of the Patent
&iretor in%ol%e /"estions of law or a reasonable and orret e%al"ation of fats, the %ery Patent Law, Rep"bli At
No. *8,, 3etion 8*, pro%ides that:
. . . . The appliant for a patent or for the re#istration of a desi#n, any party to a proeedin# to anel a
patent or to obtain a o'p"lsory liense, and any party to any other proeedin# in the Offie 'ay appeal to
the 3"pre'e $o"rt fro' any final order or deision of the diretor.
2n other words, the appeal is ta1en to this Trib"nal. 2f the transation of b"siness in the Patent Offie and the ats,
orders and deisions of the Patent &iretor in%ol%ed e.l"si%ely or 'ostly tehnial and sientifi 1nowled#e and
trainin#, then lo#ially, the appeal sho"ld be ta1en not to a o"rt or !"diial body, b"t rather to a board of sientists,
en#ineers or tehnial 'en, whih is not the ase.
Another aspet of the /"estion in%ol%es the onsideration of the nat"re of the f"ntions and ats of the Cead of the
Patent Offie.
. . . . The $o''issioner, in iss"in# or withholdin# patents, in reiss"es, interferenes, and e.tensions,
e.erises /"asi7!"diial f"ntions. Patents are p"bli reords, and it is the d"ty of the $o''issioner to #i%e
a"thentiated opies to any person, on pay'ent of the le#al fees. ;?B A'. -"r. ,<)=. ;E'phasis s"pplied=.
. . . . The $o''issioner has the only ori#inal initiatory !"risdition that e.ists "p to the #rantin# and
deli%erin# of a patent, and it is his d"ty to deide whether the patent is new and whether it is the proper
s"b!et of a patent6 and his ation in awardin# or ref"sin# a patent is a judicial function. 2n passin# on an
appliation the o''issioner sho"ld deide not only /"estions of law, b"t also questions of fact, as whether
there has been a prior p"bli "se or sale of the artile in%ented. . . . ;8B $.-.3. ?8B=. ;E'phasis s"pplied=.
The &iretor of Patents, e.erisin# as he does !"diial or /"asi7!"diial f"ntions, it is reasonable to hold that a
'e'ber of the bar, bea"se of his le#al 1nowled#e and trainin#, sho"ld be allowed to pratie before the Patent
Offie, witho"t f"rther e.a'ination or other /"alifiation. Of o"rse, the &iretor of Patents, if he dee's it ad%isable
or neessary, 'ay re/"ire that 'e'bers of the bar pratisin# before hi' enlist the assistane of tehnial 'en and
sientist in the preparation of papers and do"'ents, s"h as, the drawin# or tehnial desription of an in%ention or
'ahine so"#ht to be patented, in the sa'e way that a lawyer filin# an appliation for the re#istration of a parel of
land on behalf of his lients, is re/"ired to s"b'it a plan and tehnial desription of said land, prepared by a
liensed s"r%eyor.
0"t respondent &iretor lai's that he is e.pressly a"thori:ed by the law to re/"ire persons desirin# to pratie or to
do b"siness before hi' to s"b'it an e.a'ination, e%en if they are already 'e'bers of the bar. Ce ontends that o"r
Patent Law, Rep"bli At No. *8,, is patterned after the 9nited 3tates Patent Law6 and of the 9nited 3tates Patent
Offie in Patent $ases presribes an e.a'ination si'ilar to that whih he ;respondent= has presribed and
shed"led. Ce in%ites o"r attention to the followin# pro%isions of said R"les of Pratie:
egistration of attorneys and agents. D A re#ister of an attorneys and a re#ister a#ents are 1ept in the
Patent Offie on whih are entered the na'es of all persons reo#ni:ed as entitled to represent appliants
before the Patent Offie in the preparation and prose"tion of appliants for patent. Re#istration in the
Patent Offie "nder the pro%isions of these r"les shall only entitle the person re#istered to pratie before
the Patent Offie.
;a= Attorney at law. D Any attorney at law in #ood standin# ad'itted to pratie before any 9nited 3tates
$o"rt or the hi#hest o"rt of any 3tate or Territory of the 9nited 3tates who f"lfills the re/"ire'ents and
o'plied with the pro%isions of these r"les 'ay be ad'itted to pratie before the Patent Offie and ha%e
his na'e entered on the re#ister of attorneys.
. . . . . . . . .
;= equirement for registration. D No person will be ad'itted to pratie and re#ister "nless he shall apply
to the $o''issioner of Patents in writin# on a presribed for' s"pplied by the $o''issioner and f"rnish all
re/"ested infor'ation and 'aterial6 and shall establish to the satisfation of the $o''issioner that he is of
#ood 'oral harater and of #ood rep"te and possessed of the le#al and sientifi and tehnial
/"alifiations neessary to enable hi' to render appliants for patent %al"able ser%ie, and is otherwise
o'petent to ad%ise and assist hi' in the presentation and prose"tion of their appliation before the Patent
Offie. 2n order that the $o''issioner 'ay deter'ine whether a person see1in# to ha%e his na'e plaed
"pon either of the re#isters has the /"alifiations speified, satisfatory proof of #ood 'oral harater and
rep"te, and of s"ffiient basi trainin# in sientifi and tehnial 'atters '"st be s"b'itted and an
e.a'ination whih is held fro' ti'e to ti'e '"st be ta1en and passed. The ta1in# of an e.a'ination 'ay
be wai%ed in the ase of any person who has ser%ed for three years in the e.a'inin# orps of the Patent
Offie.
Respondent states that the pro'"l#ation of the R"les of Pratie of the 9nited 3tates Patent Offie in Patent $ases
is a"thori:ed by the 9nited 3tates Patent Law itself, whih reads as follows:
The $o''issioner of Patents, s"b!et to the appro%al of the 3eretary of $o''ere 'ay presribe r"les
and re#"lations #o%ernin# the recognition of agents, attorneys, or other persons representing applicants or
other parties before his offie, and may require of s"h persons, a#ents, or attorneys, before bein#
reo#ni:ed as representati%es of appliants or other persons, that they shall show they are of #ood 'oral
harater and in #ood rep"te, are possessed of the necessary qualifications to enable them to render to
applicants or other persons valuable service, and are likewise to competent to advise and assist applicants
or other persons in the presentation or prosecution of their appliations or other b"siness before the Offie.
The $o''issioner of Patents 'ay, after notie and opport"nity for a hearin#, s"spend or e.l"de, either
#enerally or in any parti"lar ase fro' f"rther pratie before his offie any person, a#ent or attorney
shown to be ino'petent or disrep"table, or #"ilty of #ross 'isond"t, or who ref"ses to o'ply with the
said r"les and re#"lations, or who shall, with intent to defra"d in any 'atter, deei%e, 'islead, or threaten
any appliant or prospeti%e appliant, or other person ha%in# i''ediate or prospeti%e appliant, or other
person ha%in# i''ediate or prospeti%e b"siness before the offie, by word, ir"lar, letter, or by
ad%ertisin#. The reasons for any s"h s"spension or e.l"sion shall be d"ly reorded. The ation of the
$o''issioner 'ay be re%iewed "pon the petition of the person so ref"sed reo#nition or so s"spended by
the distrit o"rt of the 9nited 3tates for the &istrit of $ol"'bia "nder s"h onditions and "pon s"h
proeedin#s as the said o"rt 'ay by its r"les deter'ine. ;E'phasis s"pplied=
Respondent &iretor onl"des that 3etion )A of Rep"bli At No. *8, bein# si'ilar to the pro%isions of law !"st
reprod"ed, then he is a"thori:ed to presribe the r"les and re#"lations re/"irin# that persons desirin# to pratie
before hi' sho"ld s"b'it to and pass an e.a'ination. Ee reprod"e said 3etion )A, Rep"bli At No. *8,, for
p"rposes of o'parison:
3E$. )A. ules and regulations. D The &iretor s"b!et to the appro%al of the 3eretary of -"stie, shall
pro'"l#ate the neessary r"les and re#"lations, not inonsistent with law, for the ond"t of all b"siness in
the Patent Offie.
The abo%e pro%isions of 3etion )A ertainly and by far, are different fro' the pro%isions of the 9nited 3tates Patent
Law as re#ards a"thority to hold e.a'inations to deter'ine the /"alifiations of those allowed to pratie before the
Patent Offie. Ehile the 9.3. Patent Law a"thori:es the $o''issioner of Patents to re/"ire attorneys to show that
they possess the neessary /"alifiations and o'petene to render %al"able ser%ie to and ad%ise and assist their
lients in patent ases, whih showin# 'ay ta1e the for' of a test or e.a'ination to be held by the $o''issioner,
o"r Patent Law, 3etion )A, is silent on this i'portant point. O"r attention has not been alled to any e.press
pro%ision of o"r Patent Law, #i%in# s"h a"thority to deter'ine the /"alifiations of persons allowed to pratie
before the Patent Offie.
3etion ,,* of the Re%ised Ad'inistrati%e $ode a"thori:es e%ery hief of b"rea" to presribe for's and 'a1e
re#"lations or #eneral orders not inonsistent with law, to se"re the har'onio"s and effiient ad'inistration of his
branh of the ser%ie and to arry into f"ll effet the laws relatin# to 'atters within the !"risdition of his b"rea".
3etion 8BA of Rep"bli At *+<), 1nown as the Tariff and $"sto's $ode of the Philippines, pro%ides that the
$o''issioner of $"sto's shall, s"b!et to the appro%al of the &epart'ent Cead, 'a1es all r"les and re#"lations
neessary to enfore the pro%isions of said ode. 3etion <<A of the National 2nternal Re%en"e $ode,
$o''onwealth At No. ?88 as a'ended, states that the 3eretary of @inane, "pon reo''endation of the
$olletor of 2nternal Re%en"e, shall pro'"l#ate all needf"l r"les and re#"lations for the effeti%e enfore'ent of the
pro%isions of the ode. Ee "nderstand that r"les and re#"lations ha%e been pro'"l#ated not only for the 0"rea" of
$"sto's and 2nternal Re%en"e, b"t also for other b"rea"s of the 4o%ern'ent, to #o%ern the transation of b"siness
in and to enfore the law for said b"rea"s.
Eere we to allow the Patent Offie, in the absene of an e.press and lear pro%ision of law #i%in# the neessary
santion, to re/"ire lawyers to s"b'it to and pass on e.a'ination presribed by it before they are allowed to pratie
before said Patent Offie, then there wo"ld be no reason why other b"rea"s speially the 0"rea" of 2nternal Re%en"e
and $"sto's, where the b"siness in the sa'e area are 'ore or less o'pliated, s"h as the presentation of boo1s
of ao"nts, balane sheets, et., assess'ents e.e'ptions, depreiation, these as re#ards the 0"rea" of 2nternal
Re%en"e, and the lassifiation of #oods, i'position of "sto's d"ties, sei:"res, onfisation, et., as re#ards the
0"rea" of $"sto's, 'ay not also re/"ire that any lawyer pratisin# before the' or otherwise transatin# b"siness
with the' on behalf of lients, shall first pass an e.a'ination to /"alify.
2n onl"sion, we hold that "nder the present law, 'e'bers of the Philippine 0ar a"thori:ed by this Trib"nal to
pratie law, and in #ood standin#, 'ay pratie their profession before the Patent Offie, for the reason that '"h of
the b"siness in said offie in%ol%es the interpretation and deter'ination of the sope and appliation of the Patent
Law and other laws appliable, as well as the presentation of e%idene to establish fats in%ol%ed6 that part of the
f"ntions of the Patent diretor are !"diial or /"asi7!"diial, so '"h so that appeals fro' his orders and deisions
are, "nder the law, ta1en to the 3"pre'e $o"rt.
@or the fore#oin# reasons, the petition for prohibition is #ranted and the respondent &iretor is hereby prohibited fro'
re/"irin# 'e'bers of the Philippine 0ar to s"b'it to an e.a'ination or tests and pass the sa'e before bein#
per'itted to appear and pratie before the Patent Offie. No osts.
!ASE )I GES "0 PHI L I PPI NE L AWYE R1 S ASS !I A" I N *S.
!E L E)NI AGRA*A, % & + % ( , a # a , % $ y a ( )% r e , $ o r o - $ + e
P + % . % # # % & e ( Pa $ e & $ - - % , e FA!" S 0
A pet i t i on was f i l ed by t he pet i t i oner f or pr ohi bi t i on and i n! "n t i on a#ai ns t
$el edoni oA#r a% a, i n hi s apa i t y as &i r e t or of t he Phi l i ppi nes Pat ent Of f i e. On May
(), *+,), r es pondent &i r e t or i s s "ed a i r "l ar anno"n i n# t hat he had s hed"l ed f or
- "ne (), *+,) an e. a'i nat i on f or t he p"r pos e of det er 'i ni n# who ar e /"al i f i ed t o
pr a t i e as pat ent at t or ney s bef or e t hePhi l i ppi nes Pat ent Of f i e. The pet i t i oner
ont ends t hat one who has pas s ed t he bar e. a'i nat i ons and i s l i ens ed by t he
3"pr e'e $o"r t t o pr a t i e l aw i n t he Phi l i ppi nes and who i s i n #oods t andi n#, i s d"l y
/"al i f i ed t o pr a t i e bef or e t he Phi l i ppi nes Pat ent Of f i e and t hat t he
r es pondent &i r e t or F s hol di n# an e. a'i nat i on f or t he p"r pos e i s i n e. es s of hi s
! "r i s di t i on and i s i n % i ol at i onof t he l aw. The r es pondent , i n r epl y, 'ai nt ai ns t he
pr os e "t i on of pat ent as es G does not i n% ol % e ent i r el y or p"r el y t he pr a t i e of l aw
b"t i n l "des t he appl i at i on of s i ent i f i and t e hni al 1 nowl ed#e and t r ai ni n# as
a'at t er of a t "al pr a t i e s o as t o i n l "de en#i neer s and ot her i ndi % i d"al s who
pas s ed t he e. a'i nat i on an pr a t i e bef or e t he Pat ent of f i e. @"r t her 'or e, he
s t r es s ed t hat f or t he l on# t i 'e he i s hol di n#t es t s , t hi s i s t he f i r s t t i 'e t hat hi s r i #ht
has been /"es t i oned f or 'al l y.
I S S 2 E 0
Ehet her or not t he appear an e bef or e t he pat ent Of f i e and t he pr epar at i on and
t hepr os e "t i on of pat ent appl i at i on, et . , ons t i t "t es or i s i n l "ded i n t he pr a t i e of
l aw.

H E L ) 0
The 3"pr e'e $o"r t hel d t hat t he pr a t i e of l aw i n l "des s " h appear an e bef or e
t hePat ent Of f i e, t he r epr es ent at i on of appl i ant s , oppos i t or s , and ot her per s ons , and
t hepr os e "t i on of t hei r appl i at i ons f or pat ent , t hei r oppos i t i on t her et o, or t he
enf or e'ent of t hei r r i #ht s i n pat ent as es . Mor eo% er , t he pr a t i e bef or e t he pat ent
Of f i e i n% ol % es t he i nt er pr et at i on andappl i at i on of ot her l aws and l e#al pr i n i pl es , as
wel l as t he e. i s t en e of f a t s t o be es t abl i s hed i na or dan e wi t h t he l aw of e% i den e
and pr o ed"r e. The pr a t i e of l aw i s not l i 'i t ed t o t he ond" t of as es or l i t i #at i on
i n o"r t b"t al s o e'br a es al l ot her 'at t er s onne t ed wi t h t he l aw and any
wor 1 i n% ol % i n# t he det er 'i nat i on by t he l e#al 'i nd of t he l e#al ef f e t s of f a t s and
ondi t i ons . @"r t her 'or e, t he l aw pr o% i des t hat any par t y 'ay appeal t o t he 3"pr e'e
$o"r t f r o' any f i nal or der or de i s i on of t hedi r e t or . Th"s , i f t he t r ans a t i ons of
b"s i nes s i n t he Pat ent Of f i e i n% ol % ed e. l "s i % el y or 'os t l y t e hni al and s i ent i f i
1 nowl ed#e and t r ai ni n#, t hen l o#i al l y, t he appeal s ho"l d be t a1 en not t o a o"r t or
! "di i al body, b"t r at her t o a boar d of s i ent i s t s , en#i neer s or t e hni al 'en, whi h i s
not t he as e.