Petitioners appeal via certiorari from the decision¹ of the Court of Appeals dismissing their appeal from the resolution of the Director of Patents that denied with finality their petition for revival of patent applications. chanrobles virtual law library

On different dates, petitioners applied to the Bureau of Patents, Trademarks and Technology Transfer for registration of patents. They hired the law firm Siguion Reyna, Montecillo and Ongsiako to process their patent applications in the Philippines, respectively identified as follows: chanrobles virtual law library

Applicant Serial No.

(1) Michibazu Ochi, Kenji Shigematsu and 23354²

Eni Shinozaki- Issuance of letters patent chanrobles virtual law library

for Hackling Drum Room or Chamber chanrobles virtual law library

at the Self-Feeding Equipment for chanrobles virtual law library

Threshing of Upper Hackling System

(2) Robert Cabi-Akman, Arthur Sprenger 29630³ chanrobles virtual law library

and Remy Simond- Issuance of letters chanrobles virtual law library

patent for Colour Value Measurement

(3) Heinrich Evbergger- Issuance of letters 29898⁴ chanrobles virtual law library

patent for Tool for Moulding the Top Past chanrobles virtual law library

of a Plastic Container

(4) Mortimer Thompson- Issuance of 30112⁵ chanrobles virtual law library

letters patent for Tamper Evident Closures chanrobles virtual law library

and Packages

(5) Yoshimi Iwasaki- Issuance of letters 30548⁶ chanrobles virtual law library

patent for Method Generation for Hot Gas chanrobles virtual law library

by Incinerators

(6 )John Bernard Watkins, Harry Greaves 30819⁷ chanrobles virtual law library

and Chen Woo Chin- Issuance of letters chanrobles virtual law library

patent for Preservation Composition

(7) Fabio Carli- Issuance of letters patent 31968⁸ chanrobles virtual law library

for Pharmaceutical Compositions

(8) Lotharhuartz, Friedel Verderberg, 31974⁹ chanrobles virtual law library

Rudolf Kuehne, and Dieter Fischer- Issuance chanrobles virtual law library

of letters patent for Process for Producing chanrobles virtual law library

Copper-Laminated Base Material for Printed chanrobles virtual law library

Circuit Boards

(9) Malcolm John Law- Issuance of letters 32050¹⁰ chanrobles virtual law library

patent for Electrodeposition of Chromium and

Chromium Bearing Alloys. ¹¹ chanrobles virtual law library

Petitioners patent applications lacked certain requirements and the Bureau informed the law firm about it, through correspondences called Office Actions. As petitioners law firm did not respond to these office actions within the prescribed time, notices of abandonment were sent on the following dates: chanrobles virtual law library

Serial Nos. Date of Office Action Date of Abandonment chanrobles virtual law library

(1) 23354 March 20, 1987 July 21, 1987 chanrobles virtual law library

(2) 29630 June 18, 1986 October 21, 1986 chanrobles virtual law library

(3) 29898 June 11, 1987 June 22, 1987 chanrobles virtual law library

(4) 30112 June 3, 1987 August 6, 1987 chanrobles virtual law library

(5) 30548 June 10, 1987 August 18, 1987 chanrobles virtual law library

(6) 30819 January 28, 1987 July 28, 1987 chanrobles virtual law library

(7) 31968 January 14, 1987 July 15, 1987 chanrobles virtual law library

(8) 31974 July 23, 1987 September 24, 1987

(9) 32050 March 31, 1987 June 1, 1987¹² chanrobles virtual law library

On December 7, 1987, two employees of the law firm, George Bangkas and Rafael Rosas were dismissed from employment. Prior to the dismissal, these employees worked with the patent group of the law firm and had the duty, among others, of getting the firms letters and correspondence from the Bureau of Patents. chanrobles virtual law library

Immediately after their dismissal, the law firm conducted an inventory of all the documents entrusted to them. It was then that the firm learned about the notices of abandonment. chanrobles virtual law library

Thereafter, petitioners, through the law firm, filed with the Bureau of Patents separate petitions for revival of the patent applications on the following dates: chanrobles virtual law library

Serial Nos. Date Petition Filed chanrobles virtual law library

(1) 23354 March 3, 1988 chanrobles virtual law library

(2) 29630 March 3, 1988 chanrobles virtual law library

(3) 30122 January 15, 1988/February 29, 1988 chanrobles virtual law library

(4) 30548 January 25, 1988/March 1, 1988 chanrobles virtual law library

(5) 30819 May 27, 1988/July 15, 1988 chanrobles virtual law library

(6) 31968 January 21, 1988/March 1, 1988 chanrobles virtual law library

(7) 31974 March 14, 1988 chanrobles virtual law library

(8) 32050 March 17, 1988

For Serial No. 29898, the applicant abandoned his application, for which reason no petition for revival was filed.¹³ chanrobles virtual law library

On January 31, 1991, Director Luis M. Duka, Jr. of the Bureau of Patents denied all the petitions for revival because they were filed out of time. The dispositive portion specifically provides: chanrobles virtual law library

WHEREFORE, in consideration of the foregoing premises, all the petitions for revival of the above-captioned abandoned applications bearing Serial Nos. 23354, 29630, 29898, 30112, 30548, 30819, 31968, 31974, and 32050, are hereby denied and no further petitions nor requests for reconsideration hereof shall be entertained hereafter. chanrobles virtual law library

SO ORDERED. chanrobles virtual law library

Makati, Metro Manila, Philippines, this 31st day of January 1991. chanrobles virtual law library

LUIS M. DUKA, JR.

Director III ¹⁴

On February 14, 1991, petitioners appealed the above resolution of the Bureau of Patents to the Court of Appeals.¹⁵ chanrobles virtual law library

On August 13, 1992, the Court of Appeals dismissed the consolidated appeal for being filed beyond the 15-day reglementary period to appeal. There was an unreasonable delay before the petitions to revive applications were filed. Moreover, petitioners patent applications could not be a proper subject of a consolidated appeal because they covered separate and distinct subjects and had been treated by the Bureau of Patents as separate and individual applications. Specifically the decision provides: chanrobles virtual law library

WHEREFORE, for reasons above stated and in the light of the applicable law on the matter, this petition for review on appeal from the order/decision of the Director of Bureau of Patents is hereby DISMISSED with costs against the appellants.

SO ORDERED. ¹⁶

On September 14, 1992, petitioners moved for reconsideration of the Court of Appeals decision, which the court denied on January 7, 1994. The appellate court found no cogent reason to justify the reversal or modification of its decision.¹⁷

Aggrieved, petitioners filed the instant petition for review on certiorari.¹⁸ chanrobles virtual law library

At issue is the validity of the Court of Appeals dismissal of the consolidated appeal of petitioners from the Director of Patents denial of the revival of their patent applications. chanrobles virtual law library

Petitioners contend that the Court of Appeals committed grave abuse of discretion when it held that the consolidated appeal was filed out of time. They were appealing from the resolution of the Director of Patents dated January 31, 1991, which denied the petition for revival of the patent applications. They received a copy of the resolution, through their patent attorneys, on February 7, 1991, and filed the consolidated appeal seven (7) days after, or on February 14, 1991. According to petitioners, these dates clearly established that their appeal was seasonably filed. chanrobles virtual law library

The contention is not meritorious. If the facts above-mentioned were the sole basis of determining whether the appeal was filed on time, petitioners argument would be correct. However, petitioners lost sight of the fact that the petition could not be granted because of laches. Prior to the filing of the petition for revival of the patent application with the Bureau of Patents, an unreasonable period of time had lapsed due to the negligence of petitioners counsel. By such inaction, petitioners were deemed to have forfeited their right to revive their applications for patent.

Facts show that the patent attorneys appointed to follow up the applications for patent registration had been negligent in complying with the rules of practice prescribed by the Bureau of Patents. The firm had been notified about the abandonment as early as June 1987, but it was only after December 7, 1987, when their employees Bangkas and Rosas had been dismissed, that they came to know about it. This clearly showed that petitioners counsel had been remiss in the handling of their clients applications.¹⁹ chanrobles virtual law library

A lawyers fidelity to the cause of his client requires him to be ever mindful of the responsibilities that should be expected of him. A lawyer shall not neglect a legal matter entrusted to him.²⁰ In the instant case, petitioners patent attorneys not only failed to take notice of the notices of abandonment, but they failed to revive the application within the four-month period, as provided in the rules of practice in patent cases. These applications are deemed forfeited upon the lapse of such period.[21

Hence, we can not grant the present petition.²² The Court of Appeals did not err or gravely abuse its discretion in dismissing the petition for review. chanrobles virtual law library

WHEREFORE, the Court DENIES the petition for lack of merit. The Court AFFIRMS the decision of the Court of Appeals in CA-G. R. SP No. 24175. chanrobles virtual law library

No costs. chanrobles virtual law library

SO ORDERED. chanrobles virtual law library

Davide, Jr., C.J., (Chairman), Puno, Kapunan, and Ynares-Santiago, JJ., concur.