Philippine Lawyers Association vs.

Agrava
105 SCRA 173 citing 5 Am. Jur. P. 262, 263

FACTS: The Philippine Lawyer's Association filed a petition for prohibition

and injunction against Celedonio Agrava, the Director of the Philippines
Patent Office because of the latter’s circular announcing an examination for
determining who is qualified to practice as patent attorneys before the Patent
Office. The Philippine Lawyer's Association argued that members of the
Philippine Bar who have passed the bar examinations and are licensed to
practice law should be allowed to practice before the Patent Office without
further examination.

ISSUE: WON members of the Philippine Bar, who are in good standing and
have passed the bar examinations, should be required to pass an examination
given by the Patent Office in order to practice before the office.

RULING: No. The practice of law in the Philippines includes appearing

before the Patent Office, representing applicants, oppositors, and other
persons, and prosecuting their applications for patent or enforcing their
rights in patent cases. Members of the Philippine Bar, who are authorized by
the Supreme Court to practice law and are in good standing, should be
allowed to practice before the Patent Office without further examination.
The business in the Patent Office involves the interpretation and application
of laws, legal principles, and the presentation of evidence, which requires
legal knowledge, training, and experience. There is no provision in the
Patent Law that gives the Director the authority to require lawyers to pass an
examination before practicing before the office. Allowing such a
requirement would set a precedent for other bureaus to require similar
examinations for lawyers practicing before them.