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Republic Act No.

8293:
Intellectual Property
Code
Evangelista, Rex G.
Lina, Andrew V.
Intellectual Property
Rights
An act prescribing the
intellectual property code and
establishing the intellectual
property office, providing for
its powers and functions, and
for other purposes.
Intellectual Property
Rights

20 chapters
241 sections
Part I Intellectual Property
Office

Sec 1. Title Intellectual Property Code


of the Philippines
Sec 2. Declaration of state policy
Sec 3. International conventions and
reciprocity
Sec 4. Definitions
Sec 5. Functions of the Intellectual
Property Office (IPO)
Part I Intellectual Property
Office

Sec 6. The Organizational Structure of


the IPO.
Sec 7. The Director General and
Deputies Director
Sec 8. The Bureau of Patents
Sec 9. The Bureau of Trademarks
Sec 10. The Bureau of Legal Affairs
Part I Intellectual Property
Office

Sec 11. The Documentation, Information


and Technology Transfer Bureau
Sec 12. The Management Information
Services and EDP Bureau
Sec 13. The Administrative, Financial and
Human Resource Development
Service Bureau
Sec 14. Use of Intellectual Property
Rights Fees by the IPO
Part I Intellectual Property
Office

Sec 15. Special Technical and Scientific


Assistance
Sec 16. Seal of Office
Sec 17. Publication of Laws and
Regulations
Sec 18. The IPO Gazette
Sec 19. Disqualification of Officers and
Employees of the Office
Part II Law of Patents

Chapter I. General Provisions


Sec 20. Definition of Terms Used in Part
II, The Law on Patents
Chapter II. Patentability
Sec 21. Patentable Inventions
Sec 22. Non-Patentable Inventions
Sec 23. Novelty
Sec 24. Prior Art
Part II Law of Patents

Sec 25. Non-Prejudicial Disclosure


Sec 26. Inventive Step
Sec 27. Industrial Applicability
Chapter III. Right to a Patent
Sec 28. Right to a Patent
Sec 29. First to File Rule
Sec 30. Inventions Created Pursuant to
a Commission
Part II Law of Patents

Sec 31. Right of Priority


Chapter IV. Patent Application
Sec 32. The Application
Sec 33. Appointment of Agent or
Representative
Sec 34. The Request
Sec 35. Disclosure and Description of
the Invention
Part II Law of Patents

Sec 36. The Claims


Sec 37. The Abstract
Sec 38. Unity of Invention
Sec 39. Information Concerning
Corresponding Foreign Application for
Patents
Part II Law of Patents

Chapter V. Procedure for Grant of


Patent
Sec 40. Filing Date Requirements
Sec 41. According a Filing Date
Sec 42. Formality Examination
Sec 43. Classification and Search
Sec 44. Classification and Search
Sec 45. Confidentiality Before Publication
Part II Law of Patents

Sec 46. Rights Conferred by a Patent


Application After Publication
Sec 47. Observation by Third Parties
Sec 48. Request for Substantive
Examination
Sec 49. Amendment of Application
Sec 50. Grant of Patent
Sec 51. Refusal of the Application
Sec 52. Publication Upon Grant of Patent
Part II Law of Patents

Sec 53. Contents of Patent


Sec 54. Term of Patent
Sec 55. Annual Fees
Sec 56. Surrender of Patent
Sec 57. Correction of Mistakes of the Office
Sec 58. Correction of Mistake in the
Application
Sec 59. Changes in Patents
Part II Law of Patents

Sec 60. Form and Publication of


Amendment
Chapter VI. Cancellation of Patents
and Substitution of Patentee
Sec 61. Cancellation of Patents
Sec 62. Requirement of the Petition
Sec 63. Notice of Hearing
Sec 64. Committee of Three
Sec 65. Cancellation of the Patent
Part II Law of Patents

Sec 66. Effect of Cancellation of Patent


or Claim
Chapter VII. Remedies of a Person
w/ a Right to Patent
Sec 67. Patent Application by Persons
Not Having the Right to a Patent
Sec 68. Remedies of the True and
Actual Inventor
Sec 69. Publication of the Court Order
Part II Law of Patents

Sec 70. Time to File Action in Court


Chapter VIII. Rights of Patentees &
Infringement of Patents
Sec 71. Rights Conferred by Patent
Sec 72. Limitations of Patent Rights
Sec 73. Prior User
Sec 74. Use of Invention by
Government
Part II Law of Patents

Sec 75. Extent of Protection and


Interpretation of Claims
Sec 76. Civil Action for Infringement
Sec 77. Infringement Action by a Foreign
National
Sec 78. Process Patents; Burden of Proof
Sec 79. Limitation of Action for Damages
Sec 80. Damages; Requirement of Notice
Part II Law of Patents

Sec 81. Defenses in Action for


Infringement
Sec 82. Patent Found Invalid May be
Cancelled
Sec 83. Assessor in Infringement Action
Sec 84. Criminal Action for Repetition
of Infringement
Part II Law of Patents

Chapter IX. Voluntary Licensing


Sec 85. Voluntary License Contract
Sec 86. Jurisdiction to Settle Disputes
on Royalties
Sec 87. Prohibited Clauses
Sec 88. Mandatory Provisions
Sec 89. Rights of Licensor
Sec 90. Rights of Licensee
Part II Law of Patents

Sec 91. Exceptional Cases


Sec 92. Non-Registration with the
Documentation, Information and
Technology Transfer Bureau
Chapter X. Compulsory Licensing
Sec 93. Grounds for Compulsory Licensing
Sec 94. Period for Filing a Petition for a
Compulsory License
Part II Law of Patents

Sec 95. Requirement to Obtain a License


on Reasonable Commercial Terms
Sec 96. Compulsory Licensing of Patents
Involving Semi- Conductor Technology
Sec 97. Compulsory License Based on
Interdependence of Patents
Sec 98. Form and Contents of Petition
Sec 99. Notice of Hearing
Part II Law of Patents

Sec 100. Terms and Conditions of


Compulsory License
Sec 101. Amendment, Cancellation,
Surrender of Compulsory License
Sec 102. Licensee's Exemption from
Liability
Chapter XI. Assignment & Transmission
of Rights
Sec 103. Transmission of Rights
Sec 104. Assignment of Inventions
Part II Law of Patents

Sec 105. Form of Assignment


Sec 106. Recording
Sec 107. Rights of Joint Owners
Chapter XII. Registration of Utility
Models
Sec 108. Applicability of Provisions
Relating to Patents
Sec 109. Special Provisions Relating to
Utility Models
Part II Law of Patents

Sec 110. Conversion of Patent Applications


or Applications for Utility Model
Registration
Sec 111. Prohibition against Filing of Parallel
Applications
Chapter XIII. Industrial Design
Sec 112. Definition of Industrial Design
Sec 113. Substantive Conditions for
Protection
Part II Law of Patents

Sec 114. Contents of the Application


Sec 115. Several Industrial Designs in 1
Application
Sec 116. Examination
Sec 117. Registration
Sec 118. The Term of Industrial Design
Registration
Sec 119. Application of Other Sec & Chapters
Sec 120. Cancellation of Design Registration
Part III The Law on
Trademarks,
Service Marks, & Trade
Names
Sec 121. Definitions
Sec 122. How Marks are Acquired
Sec 123. Registrability
Sec 124. Requirements of Application
Sec 125. Representation; Address for
Service
Sec 126. Disclaimers
Sec 127. Filing Date
Part III The Law on
Trademarks,
Service Marks, & Trade
Names
Sec 128. Single Registration for Goods
and/or Services
Sec 129. Division of Application
Sec 130. Signature and Other Means of Self-
Identification
Sec 131. Priority Right
Sec 132. Application Number and Filing Date
Sec 133. Examination and Publication
Part III The Law on
Trademarks,
Service Marks, & Trade
Names
Sec 134. Opposition
Sec 135. Notice and Hearing
Sec 136. Issuance and Publication of
Certificate
Sec 137. Registration of Mark and Issuance
of a Certificate to the Owner or his
Assignee
Sec 138. Certificates of Registration
Sec 139. Publication of Registered Marks;
Inspection of Register
Part III The Law on
Trademarks,
Service Marks, & Trade
Names
Sec 140. Cancellation upon Application
by Registrant; Amendment or
Disclaimer of Registration
Sec 141. Sealed and Certified Copies as
Evidence
Sec 142. Correction of Mistakes Made
by the Office
Sec 143. Correction of Mistakes Made
by Applicant
Part III The Law on
Trademarks,
Service Marks, & Trade
Names
Sec 144. Classification of Goods and
Services
Sec 145. Duration
Sec 146. Renewal
Sec 147. Rights Conferred
Sec 148. Use of Indications by Third
Parties for Purposes Other than those
for which the Mark is Used
Part III The Law on
Trademarks,
Service Marks, & Trade
Names
Sec 149. Use of Indications by Third
Parties for Purposes Other than those for
which the Mark is Used
Sec 150. License Contracts
Sec 151. Cancellation
Sec 152. Non-use of a Mark When
Excused
Sec 153. Requirements of Petition; Notice
and Hearing
Part III The Law on
Trademarks,
Service Marks, & Trade
Names
Sec 154. Cancellation of Registration
Sec 155. Remedies; Infringement
Sec 156. Actions, and Damages and
Injunction for Infringement
Sec 157. Power of Court to Order
Infringing Material Destroyed
Sec 158. Damages; Requirement of Notice
Sec 159. Limitations to Actions for
Infringement
Part III The Law on
Trademarks,
Service Marks, & Trade
Names
Sec 160. Right of Foreign Corporation to
Sue in Trademark or Service Mark
Enforcement Action
Sec 161. Authority to Determine Right
to Registration
Sec 162. Action for False or Fraudulent
Declaration
Sec 163. Jurisdiction of Court
Part III The Law on
Trademarks,
Service Marks, & Trade
Names
Sec 164. Notice of Filing Suit Given to the
Director
Sec 165. Trade Names or Business Names
Sec 166. Goods Bearing Infringing Marks
or Trade Names
Sec 167. Collective Marks
Sec 168. Unfair Competition, Rights,
Regulation and Remedies.
Part III The Law on
Trademarks,
Service Marks, & Trade
Names
Sec 169. False Designations of Origin;
False Description or Representation
Sec 170. Penalties
Part IV The Law on Copyright

Chapter I. Preliminary Provisions


Sec 171. Definitions
Chapter II. Original Works
Sec 172. Literary and Artistic Works
Chapter III. Derivative Works
Sec 173. Derivative Works
Sec 174. Published Edition of Work
Part IV The Law on Copyright

Chapter IV. Works Not Protected


Sec 175. Unprotected Subject Matter
Sec 176. Works of the Government
Chapter V. Copyright on Economic
Rights
Sec 177. Copyright or Economic Rights
Chapter VI. Ownership of Copyright
Sec 178. Rules on Copyright Ownership
Part IV The Law on Copyright

Sec 179. Anonymous and


Pseudonymous Works
Chapter VII. Transfer or Assignment
of Copyright
Sec 180. Rights of Assignee
Sec 181. Copyright and Material Object
Sec 182. Filing of Assignment or License
Sec 183. Designation of Society
Part IV The Law on Copyright

Chapter VIII. Limitations on Copyright


Sec 184. Limitations on Copyright
Sec 185. Fair Use of a Copyrighted Work
Sec 186. Work of Architecture
Sec 187. Reproduction of Published Work
Sec 188. Reprographic Reproduction by
Libraries
Sec 189. Reproduction of Computer
Program
Part IV The Law on Copyright

Sec 190. Importation for Personal


Purposes
Chapter IX. Deposit & Notice
Sec 191. Registration and Deposit with
National Library and the Supreme
Court Library
Sec 192. Notice of Copyright
Chapter X. Moral Rights
Sec 193. Scope of Moral Rights
Part IV The Law on Copyright

Sec 194. Breach of Contract


Sec 195. Waiver of Moral Rights
Sec 196. Contribution to Collective
Work
Sec 197. Editing, Arranging and
Adaptation of Work
Sec 198. Term of Moral Rights
Sec 199. Enforcement Remedies
Part IV The Law on Copyright

Chapter XI. Rights to Proceeds in


Subsequent Transfers
Sec 200. Sale or Lease of Work
Sec 201. Works Not Covered
Chapter XII. Rights of Performers,
Producers of Sound Recordings &
Broadcasting Organizations
Sec 202. Definition
Part IV The Law on Copyright

Sec 203. Scope of Performers' Rights


Sec 204. Moral Rights of Performers
Sec 205. Limitation on Right
Sec 206. Additional Remuneration for
Subsequent Communications or
Broadcasts
Sec 207. Contract Terms
Part IV The Law on Copyright

Chapter XIII. Producers of Sound


Recordings
Sec 208. Scope of Right
Sec 209. Communication to the Public
Sec 210. Limitation of Right
Chapter XIV. Broadcasting
Organizations
Sec 211. Scope of Right
Part IV The Law on Copyright

Chapter XV. Limitations on Protection


Sec 212. Limitations on Rights
Chapter XVI. Term of Protection
Sec 213. Term of Protection
Sec 214. Calculation of Term
Sec 215. Term of Protection for
Performers, Producers and
Broadcasting Organizations
Part IV The Law on Copyright

Chapter XVII. Infringement


Sec 216. Remedies for Infringement
Sec 217. Criminal Penalties
Sec 218. Affidavit Evidence
Sec 219. Presumption of Authorship
Sec 220. International Registration of
Works
Part IV The Law on Copyright

Chapter XVIII. Scope of Application


Sec 221. Points of Attachment for Works
under Sections 172 and 173
Sec 222. Points of Attachment for
Performers
Sec 223. Points of Attachment for Sound
Recordings
Sec 224. Points of Attachment for
Broadcasts
Part IV The Law on Copyright

Chapter XIX. Institution of Actions


Sec 225. Jurisdiction
Sec 226. Damages
Chapter XX. Miscellaneous Provisions
Sec 227. Ownership of Deposit and
Instruments
Sec 228. Public Records
Sec 229. Copyright Division; Fees
Part V Final Provisions

Sec 230. Equitable Principles to Govern


Proceedings
Sec 231. Reverse Reciprocity of Foreign
Laws
Sec 232. Appeals
Sec 233. Organization of the Office;
Exemption from the Salary
Standardization Law and the Attrition
Law.
Part V Final Provisions

Sec 234. Abolition of the Bureau of Patents,


Trademarks, and Technology Transfer
Sec 235. Applications Pending on Effective
Date of Act
Sec 236. Applications Pending on Effective
Date of Act
Sec 237. Notification on Berne Appendix
Sec 238. Appropriations
Sec 239. Repeals
Part V Final Provisions

Sec 240. Separability


Sec 241. Effectivity
Intellectual Property Code

Rules & Regulations


on Inventions
Patentable Inventions

Any technical solution of a


problem in any field of human
activity- which is new, involves
an inventive step & is
industrially applicable shall be
patentable (Sec 21)
Statutory Classes of
Invention
A useful machine
A product
A process or an improvement
of any of the foregoing
Microorganism
Non-biological &
microbiological processes
Non-Patentable
Inventions
Discoveries, scientific theories &
mathematical method;
Schemes, rules & methods of performing
mental acts, playing games or doing
business, & programs for computers;
Methods for treatment of the human or
animal body by surgery or therapy and
diagnostic methods practiced on the human
or animal body. This provision shall not
apply to products and composition for use in
any of these methods;
Non-Patentable
Inventions
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;
Aesthetic creations;
Anything w/c is contrary to public order
or morality. (Sec 22)
Right to Patent

The right to a patent belongs to


the inventor, his heirs, or assigns.
When two (2) or more persons
have jointly made an invention,
the right to a patent shall belong
to them jointly. (Sec 28)
Who may be Named in an
Application as an
Applicant
Inventions Created Pursuant to a
Commission - The person who
commissions the work shall own
thepatent, unless otherwise
provided in the contract. (Sec
30.1)
Who may be Named in an
Application as an
Applicant
Inventions made in the course of
employment - In case the employee made
the invention in thecourse of his employment
contract, the patent shall belong to:
(a) The employee, if the inventive activity is not a
part of his regular duties even if the employee uses
the time, facilities and materials of the employer;
and
(b) The employer, if the invention is the result of the
performance of his regularly-assigned duties, unless
there is an agreement, express or implied, to the
contrary. (Sec 30.2)
First to File Rule

If two (2) or more persons have made the


invention separately and independently
of each other, the right to the patent
shall belong to the person who filed an
application for such invention, or where
two (2) or more applications are filed for
the same invention, to the applicant who
has the earliest filing date or, the earliest
priority date. (Sec 29)
The Patent Application

An application for a patent shall be


in Filipino or English & shall contain the
following:
A request for the grant of a patent;
A description of the invention;
Drawings necessary for the
understanding of the invention;
One or more claims; and
An abstract. (Sec 32)
Payment of Fees

An application shall be subject to


the payment of the filing fee, the
search fee & publication fee (1st
publication) w/in one (1) month
after the filing date of the
application. The application shall
be deemed forfeited for non-
payment of these fees.
Form of Request; Office
Application Form
The request shall be made on a
form drawn up by the office. For
the convenience of applicants, the
Office shall draw up & make
available a standard application
form w/c may be reproduced at
will by applicants & other persons
at their own cost.
Form of Request; Office
Application Form
The Request shall contain
(a) petition for the grant of the
patent,
(b) the name and other data of the
applicant,
(c) the inventor and the agent
(d) the title of the invention
Prohibited Matter

The application shall not contain


(a) a statement or other matter contrary to
public order or morality
(b) statement disparaging the products or
processes of any particular person or other than
the applicant, or the merits or validity of
applications or patents of any such person. Mere
comparison w/ the prior art shall not considered
disparaging per se
(c) any statement or other matter obviously
irrelevant or unnecessary under the
circumstanses
Prohibited Matter

If an application contains
prohibited matter w/in the
meaning of this rule, the Bureau
shall omit it when publishing the
application, indicating the place &
number of words or drawing
omitted.
Drawing

The drawing must be signed by


the applicant or the name of the
applicant may be signed on the
drawing by his attorney or agent.
The drawing must show every
feature of the invention covered by
the claims, & the figures should be
consecutively numbered.
Models, when Required

When a model is required, the


examination may be suspended
until it shall have filed.
Employment of Attorney-
at-Law or Agent
Recommended
An applicant or an assignee of the
entire interest may prosecute his
own case, but he is advised, unless
familiar w/ such matters, to employ a
competent attorney-at-law or agent,
as the value of patents depends
largely upon the skillful preparation
of the specification & claims
Appointment of Resident
Agent or Representative
An applicant who is not a resident
of the Philippines must appoint &
maintain a resident agent or
representative in the Philippines
upon whom notice or process for
judicial or administrative procedure
relating to the application for patent
or the patent may be served.
Classification & Search

An application that has complied


with the formal requirements shall
be classified and a search
conducted to determine the prior
art. (Sec 43) The office shall use
the International Patent
Classification
Content of the Intellectual
Property Search Report
The Intellectual Property Search Report is
drawn up on the basis of the claims,
description and the drawing if there is any:
(a)the search report shall mention those
documents, available at the office at the time of
drawing up the report
(b)the search report shall distinguish between
cited documents published before the date of
priority claimed, between such date of priority &
date the date of filing, & on or after the date of
filing
Content of the Intellectual
Property Search Report
(c)the search report shall contain the
classification of the subject matter of the
application in accordance w/ the Intl Patent
Classification
(d)the search report may include documents
cited in a search established in the
corresponding foreign application.
Publication of Application

The patent application shall be published in


the IPO Gazette together 21 with a search
document established by or on behalf of
the Office citing any documents that reflect
prior art, after the expiration of eighteen
(18) months from the filing date or priority
date.
After publication of a patent application,
any interested party may inspect the
application documents filed with the Office.
Publication of Application

The Director General, subject to the


approval of the Secretary of Trade and
Industry, may prohibit or restrict the
publication of an application, if in his
opinion, to do so would be prejudicial
to the national security and interests of
the Republic of the Philippines. (Sec 44)
The Examination of the
Application
An ex parte proceeding in the Bureau is a
law contest between the Examiner,
representing the public & trying to give the
inventor the least possible monopoly in
return for his disclosure, & the applicant or
his attorney trying to get as much monopoly
as possible:
Applicant supposed to look after his interest
The Examiners shall have original
jurisdiction over all applications; appeal to
the Director
Order of Examination

Applications filed in the Bureau &


accepted as complete applications
are assigned for examination to the
respective Examiners handling the
classes of invention to which the
applications relate. Applications
shall be taken up for examination
by the examiner in the order in
which they have been filed.
Re-examination &
Reconsideration
After response by the applicant, the application
will be re-examined & reconsidered, & the
applicant will be notified if claims are rejected, or
objections or requirements made, in the same
manner as after the first examination. Applicant
may respond to such examiners action, in the
same manner provided in these regulations, w/ or
w/out amendment, but any amendments after the
second examiners action must ordinarily be
restricted to the rejection or to the objections or
requirements made, & the application will be
again considered.
Final Rejection or Action

On the 2nd or any subsequent examination or


consideration, the rejection or other action may
be final, where upon applicants response is
limited to appeal, in the case of rejection of any
claim or to amendment as specified in these
Regulations. Petition may be taken to the director
in the case of objections or requirement not
involved in the rejection of any claim as provided
in these regulations. Regulations to a final
rejection or action must include cancellation of, or
appeal from the rejection, each claim so rejected;
&, if any claim stands allowable, compliance w/
any requirement or objection as to form.
Final Rejection or Action

In making such final rejection, the


Examiner shall repeat all grounds of
rejection then considered applicable
to the claims in the case, clearly
stating the reasons therefore. The
Examiner may not cite grounds that
have not been raised in the earlier
communications to the applicant.
Conversion of Patent
Applications or Applications
for Unity Model
At any time before the grant or
refusal of a patent, an applicant for
a patent may, upon payment of the
prescribed fee, convert his
application into an application for
registration of a utility model, which
shall be accorded the filing date of
the initial application. An application
may be converted only once.
Conversion of Patent
Applications or Applications
for Unity Model
At any time before the grant or
refusal of a utility model registration,
an applicant for a utility model
registration may, upon payment of
the prescribed fee, convert his
application into a patent application,
which shall be accorded the filing
date of the initial application
Amendments

Erasures, additions, insertions, or alterations of


the papers & records must not be made by the
applicant. Amendments by the applicant are
made by filing a paper in accordance w/ these
regulations, directing or requesting that specified
amendments be made. The exact word or words
to be stricken out or inserted in the application
must be specified & the precise point indicated
where the deletion or insertion is to be made.
The basis of the proposed amendments in the
original application as filed shall be indicated.
Revival of Application

An application deemed w/drawn


for failure to prosecute may be
revived as a pending application
w/in a period of four (4) months
from the mailing date of the notice
of withdrawal if it is shown to the
satisfaction of the Director that the
failure was due to fraud, accident
mistake or excusable negligence.
Revival of Application

A petition to revive an application


deemed withdrawn must be
accompanied by (1) a showing of the
cause of the failure to prosecute, (2) a
complete proposed response and (3)
the required fee.
An application not revived in
accordance w/ this rule shall be
deemed forfeited.
Express Withdrawal of
Application
An application may be expressly
withdrawn by filing in the bureau
a written declaration of
withdrawal, signed by the
applicant himself & the assignee
of record, if any, & identifying the
application.
Grant of Patent

If the application meets the


requirements of this Act, the Office
shall grant the patent: Provided,
That all the fees are paid on time.
If the required fees for grant and
printing are not paid in due time,
the application shall be deemed to
be withdrawn. (Sec 50)
Contents of Patent

The patent shall be issued in the


name of the Republic of the
Philippines under the Seal of the
Office & shall be signed by the
Director of Patents, and registered
together w/ the description,
claims and drawings, if any, in
books and records of the Office.
Publication upon Grant of
Patent
The grant of the patent together
w/ the other information shall be
published in the IPO Gazette w/in
six (6) months.
Term of Patent

The term of a patent shall be


twenty (20) years from the filing
date of the application.
Annual Fees

To maintain the patent application or


patent, an annual fee shall be paid upon
the expiration of four (4) years from the
date the application was published
pursuant to Section 44 hereof, and on
each subsequent anniversary of such
date. Payment may be made within three
(3) months before the due date. The
obligation to pay the annual fees shall
terminate should the application be
withdrawn, refused, or cancelled.
Date Application is
Published
The application is published on the
date that the IPO Gazette containing
the applications is released for
circulation. For example, if the IPO
Gazette containing the application is
released for circulation on January 15,
1999, then the first annual fee shall
be due & payable on January 15,
2003.
Intellectual Property Code

Industrial Design
Registration
Definition of an Industrial
Design
An industrial design is any
composition of lines or colors or any
three-dimensional form, whether or
not associated w/ lines or colors,
provided that such composition or
form gives a special appearance to
& serve as pattern for an industrial
product or handicraft.
Requisites for
Registrability of an
Industrial
Design
It must be new & original
It must not be dictated essentially
by technical or functional
considerations to obtain a
technical result
It must not be contrary to public
order, health or morals
Requirements for Filing an
Industrial Design
Application
Completely filled-out request for
registration
Specification & claim
Drawings
Filling fee
Contents of the
Specification
Title
Description of the several views of
the drawings
Characteristic features of the
design (if any)
Claim
Signiture(s) of the applicant(s)
Filling Fee

For small entity: Php 585.80


For big entity: Php 1,393.80
Term of an Industrial
Design
The registration of an Industrial
Design shall be a period of five (5)
years from the filing date of the
application. However, such
registration may still be renewed
for not more than two (2)
consecutive five (5) years each,
by paying the renewal fee.
Intellectual Property Code

Utility Model
Registration
Registrable Utility Models

Any technical solution of a


problem in any field of human
activity, w/c is new & industrially
applicable, shall be registrable.
Statutory Classes of
Utility Model
A useful machine
An implement or tool
A product or composition
A process
An improvement of any of the
foregoing
Requirements for Filing a
Utility Model Application
Completely filled-out request for
registration
Specification & claim
Drawings (if any)
Filing fee
Contents of the
Specification
Title
Technical field
Background of the utility model
Brief description of the several views of
the drawings
Detailed description
Claims
Signature of the applicant
Filling Fee

For small entity: Php 585.80


For big entity: Php 1,393.80
Term of a Utility Model
Registration
A utility model registration shall
expire, without any possibility of
renewal, at the end of the seventh
year after the date of the filing of
the application.
Unity of Utility Model

Only one independent genus or generic


claim is permissible in a utility model
application. However, specific variations of
the subject utility model may be claimed in
reasonable number of dependent claims in
a single application, provided such
variations fall under a single statutory class
and are embodied under a single general
innovative concept. Such specific variations
of the claimed utility model model must fall
w/in the scope of the generic claim.
Requirements for the
Claim or Claims
The claim must define the subject
matter of the utility model for w/c
registration is sought. Such claim
should be specific, clear & concise
& fully supported by the
description.
Requirements for
Restriction
Requirements for restriction or
division for distinct multiple
embodiments in a utility model
application may be deemed proper &
if such embodiment if filed during the
pendency of the parent utility model
application it shall be entitled to the
benefit of the filing date of the parent
application
Size of the Drawing Sheet

The size of the drawing sheet on w/c a


drawing is made must be exactly 29.7
cm x 21 cm or the size of an A4 paper.
The minimum imaginary margin shall
be as follows:
Top 2.5 cm
Left side 2.5 cm
Right side 1.5 cm
Bottom 1 cm
Size of the Drawing Sheet

W/in this imaginary margin all work


& signatures must be included. One
of the shorter sides of the sheet is
regarded as top, &, measuring
downwardly from the imaginary line,
a space of not less than 3 cm is to
be left blank for the heading of title,
name, number, & date.