FINAL
PROVISIONS
Section 1.
Correspondence. The following regulations shall
apply to correspondence
between registrant/applicant 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 utility model or industrial
design, the application number and the filing date of the
application.
(f)
Letters relating
to registered utility model or industrial design . When the
letter
concerns a registered utility model or industrial design, it shall
state
the name of the patentee, the title of the utility model or industrial
design, the registration number and date of issuance.
(g)
Subjects on which
information cannot be given. The Office cannot respond to
inquiries
as to the newness of an alleged utility model or industrial design
desired
to be patented in advance of the filing of an application for a
patent.
On the propriety of
making an application for the registration of utility model
or industrial design, 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. Formality
and search report covering pending applications. (a) With
respect
to applications for utility model or industrial design registrations
which
were filed on or before December 31, 1998 and being proceded with under
the IP Code, and, applications filed on or after the effective date of
the IP Code on January 1, 1998, the Formality Report and the Search
Report
shall be issued by the Chiefs of the Mechanical and Electrical
Examining
and the Chemical Examining Divisions of the former Bureau of Patents,
Trademarks
and Technology Transfer on or before January 31, 1999.
(b) With respect
to applications for utility model or industrial design registrations
which
were filed on or before December 31, 1998 and being proceded with in
accordance
with the Acts under which they were filed as elected by the applicants
pursuant to Memorandum Order No. 1040 issued on December 16, 1997 by
the
Secretary of Trade and Industry, the results of the formality
examination
as well as the search thereon will be communicated to the applicant in
accordance with the Rules of Practice in Patent Cases, as amended.
However,
in order to avoid any potential conflict between such
applications
and those filed under the IP Code, the Chiefs of the Mechanical and
Electrical
and the Chemical Examining Divisions shall issue the office actions
covering
the results of the formality and the search thereon on or before
January
31, 1999. Furthermore, said applications may still be proceded
with
in accordance with these Regulations by filing a written notice to the
Office together with an express statement of the applicant’s action in
accordance with Rule 207 or Rule 308 of these Regulations, as the case
may be.
Section 4. Duration
of utility model and industrial design registration of pending
applications.
Considering the time that has lapsed since the filing of the
applications
under the former Acts but are proceded with in accordance with these
Regulations
as well as the time that has lapsed since the effectivity of the IP
Code,
the following rules shall govern the determination of duration of
pending
applications:
(a) The
registration
of utility model applications that were filed under the IP Code prior
to
the effectivity of these Regulations and applications that were filed
under
the former Acts but proceded with in accordance with these Regulations
shall expire, without possibility of renewal, at the end of the seventh
year from the effectivity of these Regulations.
(b) The
registration
of industrial design applications that were filed under the IP Code
prior
to the effectivity of these Regulations and applications that were
filed
under the former Acts but proceded with in accordance with these
Regulations
shall be for a period of five (5) years from the effectivity of these
Regulations,
subject to renewal as provided in the IP Code and these
Regulations.
Section 5. 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
6.
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 and all applications for utility models or industrial design
pending
at the effective date of the IP Code on January 1, 1998 shall be
proceeded
with in accordance with the IP Code and these Regulations unless
pursuant
to Memorandum Order No. 1040 dated December 16, 1997 issued by the
Secretary
of Trade and Industry, the applicants elected, on or before June 30,
1998,
to prosecute said applications in accordance with the Acts under which
they were filed.
Section
7.
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
8.
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
9.
Effectivity. These rules and regulations shall take
effect fifteen
(15) days after publication in a newspaper of general circulation.
Done this 2nd day
of December 1998.
EMMA C.
FRANCISCO
Director General
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