PART
8 PUBLICATION
AND REQUEST FOR EXAMINATION
Rule 800. Publication
of application. (a) The application shall be published
in the IPO Gazette together with a search document established by or on
behalf of the Office citing any document or documents that reflect
prior
art, after the expiration of eighteen (18) months from the filing date
or priority date.
(b) The application
will not be published if it has been finally refused or withdrawn or
deemed
to be withdrawn before the termination of the technical preparation for
publication.
(c) The application
to be published shall contain the bibliographic data, any drawing as
filed
and the abstract.
(d) The Office shall
communicate to the applicant the date and other information regarding
the
publication of the application and draw his attention to the period
within
which the request for substantive examination must be filed.
(e) After
publication of a patent application, any interested party may inspect
the
application documents filed with the Office.
(f) 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, IP
Code]
Rule
801.
Confidentiality before publication. An application,
which
has not yet been published, and all related documents, shall not be
made
available for inspection without the consent of the applicant. [Sec.
45, IP Code]
Rule 802. Observation
of third parties. Following the publication of the
application,
any person may present observations in writing concerning the
patentability
of the invention. Such observations shall be communicated to the
applicant who may comment on them. The Office shall acknowledge
and
put such observations and comment in the file of the application to
which
it relates. [Sec. 47, IP Code]
Rule
803.
Request for substantive examination. The
application
shall be deemed withdrawn unless within six (6) months from the date of
publication under these rules, a written request to determine whether a
patent application meets the requirements of Patentability as provided
for by the IP Code, and the fees have been paid on time.
Rule 803.1. Withdrawal
of the request for examination shall be irrevocable and shall not
authorize
the refund of any fee. [Sec. 48, IP Code]
Rule 804.
Rights
conferred by an application after publication. The
applicant
shall have all the rights of a patentee under Sec. 76, of the IP Code
against
any person who, without his authorization, exercised any of the rights
conferred under Section 71 of said law in relation to the invention
claimed
in the published application, as if a patent has been granted for that
invention: Provided, That the said person had:
(a) Actual
knowledge
that the invention that he was using was the subject matter of a
published
application; or
(b)
Received written
notice that the invention that he was using was the subject matter of a
published application being identified in the said notice by its serial
number: Provided, That the action may not be filed until after
the
grant of a patent on the published application and within four (4)
years
from the commission of the acts complained of. [Sec.
46, IP Code]
Rule 805. Citation
and references. Should domestic patents be cited, their
numbers
and dates, the names of the patentees, and the classes of inventions
must
be stated. Should foreign patents be cited, their nationality or
country, numbers and dates and the names of the patentees must be
stated,
and such other data must be furnished as may be necessary to enable the
applicant to identify the patents cited. In citing foreign
patents,
in case part of the patent be involved, the particular pages and sheets
containing the parts relied upon must be identified. Should
non-patent
publications be cited, the author (if any), title, date, relevant pages
or plates, and place of publication, or place where a copy can be
found,
shall be given.
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