FINAL
PROVISIONS
Section
1. Correspondence. The following regulations shall
apply
to correspondence between patentee/applicants and the Office or the
Bureau:
(a) Business
to be transacted in writing. All business with the Office or
Bureau shall be transacted in writing. Actions will be based
exclusively
on the written record. No attention will be paid to any alleged
oral
promise, stipulation, or understanding.
(b)
Personal attendance
of applicants and other persons unnecessary. Unless
otherwise
provided, the personal attendance of applicants and other persons at
the
Office is unnecessary. Their business can be transacted by
correspondence.
(c) Correspondence
to be in the name of the Director of Patents. All Office
letters
with respect to matters within the jurisdiction of the Bureau must be
sent
in the name of the Director of Patents. All letters and other
communications
intended with respect to such matters must be addressed to him and if
addressed
to any other officer, they will ordinarily be returned.
(d)
Separate letter
for each case. In every case, a separate letter shall be
written
in relation to each distinct subject of inquiry.
(e)
Letter relating
to applications. When a letter concerns an application it
shall
state the name of the applicant, the title of the invention, the
application
number and the filing date of the application.
(f)
Letter relating
to granted patents. When the letter concerns a granted
patent,
it shall state the name of the patentee, the title of the invention,
the
patent number and date of issuance.
(g)
Subjects on
which information cannot be given. The Office cannot
respond
to inquiries as to the newness or inventive step of an alleged
invention
desired to be patented in advance of the filing of an application for a
patent.
On the propriety of
making an application for the grant of patent, the applicant must judge
for himself or consult an attorney-at-law or patent agent. The
Office
is open to him, and its records pertaining to all patents granted may
be
inspected either by himself or by any attorney or agent he may call to
his aid. Further than this the Office can render him no
assistance
until his application comes regularly before it in the manner
prescribed
by law and by these Regulations. A copy of the law, rules, or
circular
of information, with a section marked, set to the individual making an
inquiry of the character referred to, is intended as a respectful
answer
by the Office.
Examiners' digests
are not open to public inspection.
The foregoing shall
not, in any way, be interpreted to prohibit the Office from undertaking
an information dissemination activity in whatever format, to increase
awareness
on the patent law.
Section
2.
Fees and charges to be prepaid; fees and charges
payable in advance.
Express charges, freight, postage, telephone, telefacsimile including
cost
of paper and other related expenses, and all other charges on any
matter
sent to the Office must be prepaid in full. Otherwise, the
Office shall not receive nor perform any action on such matters.
The filing fees and
all other fees and charges payable to the Office shall be collected by
the Office in advance of any service to be rendered.
Section
3. Implementation. In the interest of the service, until
the
organization of the Bureau is completed, the functions necessary to
implement
these Regulations shall be performed by the personnel of the former
Bureau
of Patents, Trademarks and Technology Transfer as may be designated by
the Director General upon the recommendation of the Chiefs of the
Chemical
Examining Division and the Mechanical and Electrical Examining Division
of the Bureau of Patents, Trademarks and Technology Transfer, or the
Director
of Patents if one has been appointed and qualified or the Caretaker or
the Officer-in-Charge as the Director General may designate.
Section
4.
Repeals. All rules and regulations, memoranda,
circulars,
and memorandum circulars and parts thereof inconsistent with these
Regulations
particularly the Rules of Practice in Patent Cases, as
amended,
are hereby repealed; Provided that all applications for patents
pending
in the Bureau of Patents, Trademarks and Technology Transfer shall be
proceeded
with and patents thereon granted in accordance with the Acts under
which
said applications were filed, and said Acts are hereby continued to be
enforced, to this extent and for this purpose only.
Section
5.
Separability. If any provision in these Regulations
or application
of such provision to any circumstance is held invalid, the
remainder
of these Regulations shall not be affected thereby.
Section
6.
Furnishing of certified copies. Mr. Eduardo Joson, Records
Officer
II, is hereby directed to immediately file three (3) certified copies
of
these Regulations with the University of the Philippines Law Center,
and,
one (1) certified copy each to the Office of the President, the Senate
of the Philippines, the House of Representatives, the Supreme Court of
the Philippines, and the National Library.
Section
7.
Effectivity. These rules and regulations shall take
effect
fifteen (15) days after publication in a newspaper of general
circulation.
Done this 29th day
of December 1998.
APPROVED:
EMMA C.
FRANCISCO
Director General
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