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I
NTRODUCTION
PART
1 DEFINITIONS
RULE
100 : Definitions
PART
2 PATENTABILITY
RULE
200 : Patentable
inventions
RULE
201 : Statutory
classes
of invention
RULE
202 : Non-patentable
inventions
RULE
203 : Novelty
RULE
204 : Prior art
RULE
205 : Non-prejudicial
disclosure
RULE
206 : Inventive
step
RULE
207 : Person
skilled
in the art
RULE
208 : Industrial
applicability
PART
3 : RIGHT TO A PATENT
RULE
300 : Right to a
patent
RULE
301 : Who may be
named
in an application as an applicant
RULE
302 : Inventions
created
pursuant to a commission
RULE
303 : Inventions
made
in the course of employment
RULE
304 : First to
file
rule
RULE
305 : Right of
priority
RULE
306.1. : Multiple
priorities
RULE
307 : Certified
copy
of the foreign application
PART
4 : THE PATENT APPLICATION
RULE
400 : The patent
application
RULE
401 : Payment of
fees
RULE
402 : Marking of
documents;
acknowledgment
RULE
403 : Form of
request;
office application form
RULE
404 : The request
RULE
405 : Disclosure
RULE
406 : Test for
enabling
disclosure
RULE
407 : Content of
the
description
RULE
408 : Requirements
of
applications relating to biological materials and microorganisms
RULE
409 : Requirements
of
applications relating to biological materials and microorganisms
before allowance
RULE
410 : Title of
the invention
RULE
411 : Abstract
RULE
412 : Prohibited
matter
RULE
413 : General
requisites
for the drawing
RULE
414.1. : Uniform
standard of excellence suited to photo-lithographic process,
required of drawings
RULE
414.2. : Paper
and
ink
RULE
414.3. : Size
of
drawing sheet; imaginary line
RULE
414.4. : Character
and color lines
RULE
414.5. :
The
fewest possible number of lines and little or no shading to be used
RULE
414.6. :
Scale
to which drawing is made to be large enough
RULE
414.7. : Letters
and figures of reference
RULE
414.8. :
Signature;
where to be placed
RULE
414.9. :
Title
of the drawing
RULE
414.10. :Position
on drawing sheets of large views
RULE
414.11. : Flow
sheets and diagrams
RULE
414.12. :
Requisites
for the figure of the IPO Gazette
RULE
414.13. : Reference
signs
RULE
414.14. : Photographs
RULE
414.15. : Matters
not permitted to appear on the drawings
RULE
414.16. : Drawings
not conforming to foregoing rules to be accepted only conditionally
RULE
415 : Claim
RULE
416 : Form and
content
of the claims
RULE
417 : Claims
incurring
fee
RULE
418 : Presentation
of
the application documents
RULE
419 : Models,
when required
RULE
420 : Employment
of
attorney-at-law or agent recommended
RULE
421 : Appointment
of
resident agent or representative
RULE
422 : Decorum and
courtesy
required in the conduct of business
PART
5 : WHO MAY APPLY FOR A
PATENT
RULE
500 : Who may
apply
for a patent
RULE
501 : When the
applicant
dies, becomes insane
RULE
502 : Assigned
invention
and patents
RULE
503 : Juridical
person
RULE
504 : Proof of
authority
RULE
505 : Forms of
signatures
PART
6 : FILING DATE AND FORMALITY
EXAMINATION
RULE
600 : Filing date
requirements
RULE
600.1. : Incomplete
application
RULE
600.2. : [
N.
B.:
No sub-heading]
RULE
601 : According a
filing
date
RULE
602 : Late-filed
or
missing drawings
RULE
603 : Formality
examination
RULE
604 : Unity of
invention
RULE
605 : Requirements
for
unity of invention
RULE
606 : Reconsideration
for requirements
RULE
607 : Appeal from
requirement
for division
RULE
608 : Subsequent
presentation
of claims for different invention
RULE
609 : Election of
species
RULE
610 : Separate
application
for invention not elected
RULE
611 : Divisional
application
RULE
612 : Information
concerning
corresponding foreign application
PART
7 : CLASSIFICATION AND SEARCH
RULE
700 : Classification
and search
RULE
701 : International
Patent Classification
RULE
701.1. : Content
of the Intellectual Property Search Report
PART
8 : PUBLICATION &
REQUEST
FOR EXAMINATION
RULE
800 : Publication
of
application
RULE
801 : Confidentiality
before publication
RULE
802 : Observation
of
third parties
RULE
803 : Request for
substantive
examination
RULE
804 : Rights
conferred
by an application after publication
RULE
805 : Citation
and references
PART
9 : THE EXAMINATION OF THE
APPLICATION
RULE
900 : Applications
prosecuted
ex parte
RULE
901 : Preceedings
a
contest between the Examiner and the applicant
RULE
902 : Applicant
supposed
to look after his interest
RULE
903 : Preliminary
adverse
actions of the Examiner
RULE
904 : A
preliminary
rejection should not be taken literally
RULE
905 : Examiners
shall
have original jurisdiction over all application;
appeal to the Director
RULE
906 : Order of
examination
RULE
907 : Nature of
examination,
Examiner's action
RULE
908 : Completeness
of
Examiner's action
RULE
909 : Rejection
of claims
RULE
910 : Unpublished,
withdrawn
and forfeited applications not cited
RULE
911 : Reply by
applicant
RULE
912 : Re-examination
and reconsideration
RULE
913 : Final
rejection
of action
RULE
914 : Conversion
of
patent applications or applications for utility model
RULE
915 : Prohibition
against
filing of parallel applications
AMENDMENTS
BY THE APPLICANT
RULE
916 : Amendments
by
the applicant
RULE
917 : Amendments
after
final action of the Examiner
RULE
918 : Amendment
and
revision required
RULE
919 : Amendment
of diclosure
RULE
920 : Amendment
of claims
RULE
921 : Manner of
making
amendments
RULE
922 : Entry and
consideration
of amendments
RULE
923 : Amendments
to
the drawing
RULE
924 : Amendment
or amendments
RULE
925 : Substitute
specification
RULE
926 : Numbering
of claims
RULE
927 : Petition
from
refusal to admit amendment
RULE
928 : Interviews
with
the Examiners
TIME
FOR RESPONSE BY APPLICANT; WITHDRAWAL OF APPLICATION
RULE
929 : Withdrawal
of
application for failure to respond within time limit
RULE
930 : Revival of
application
RULE
931 : Express
withdrawal
of application
PART
10 : GRANT OF PATENT
RULE
1000 : Grant of
patent
RULE
1001 : Contents
of
patent
RULE
1002 : Publication
upon grant of patent
RULE
1003 : [
N.
B.: No sub-heading]
PART
11 : TERM OF PATENT
RULE
1100 : Term of
patent
RULE
1101 : Annual
fees
RULE
1102 : Date
application
is published
RULE
1103 : Non-payment
of annual fees
RULE
1104 : Grace
period
PART
12 : OTHER PROCEEDINGS
AFFECTING
THE APPLICATION OR THE PATENT
CHAPTER
1 : RECORDING
OF ASSIGNMENT OF LETTERS PATENT
RULE
1200 : Form of
assignment
of a patent or of an application
for
a patent
RULE
1201 : Form of
other
instruments affection the title to a patent or application,
including licenses
RULE
1202 : Assignment
and other instruments to be submitted in duplicate
RULE
1203 : Date of
recording
of assignment or other instrument or license
considered its date
of filing
RULE
1204 : Letters
patent
may be issued to the assignee in place of the applicant
RULE
1205 : Action
may
be taken by assignee of record in any proceeding in the Office
CHAPTER
2 : SURRENDER,
CORRECTION & AMENDMENT
RULE
1206 : Surrender
of
patent
RULE
1207 : Correction
of mistakes of the office
RULE
1208 : Correction
of mistake in the application
RULE
1209 : Changes
in
patent
RULE
1210 : Form and
publication
on amendment or corrections
CHAPTER
3 : ASSIGNMENT
& TRANSMISSION OF RIGHTS
RULE
1211 : Assignment
and transmission of rights
RULE
1212 : Assignment
of inventions
RULE
1213 : Rights
of joint
owners
PART
13 : PETITION AND APPEAL
RULE
1300 : Nature
of the
function of Examiners
RULE
1301 : Petition
to
the Director to question the correctness of the action of an Examiner
on a matter not
subject to appeal
RULE
1302 : Appeals
to
the Director
RULE
1303 : Effect
of a
final decision of an Examiner which is not appealed
RULE
1304 : Time and
manner
of appeal
RULE
1305 : Appellant's
brief required
RULE
1306 : The
Examiner's
answer
RULE
1307 : Appellant's
reply
RULE
1308 : Appeal
to the
Director General
RULE
1309 : Appellant's
brief required
RULE
1310 : Director's
comment
RULE
1311 : Appeal
to the
Court of Appeals
FINAL
PROVISIONS
SECTION
1 : Correspondence
SECTION
2 : Fees and
charges
to be prepaid
SECTION
3 : Implementation
SECTION
4 : Repeals
SECTION
5 : Separability
SECTION
6 : Furnishing
of certified
copies
SECTION
7 : Effectivity
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