Section 1.
Section s fifty-seven, fifty-eight, fifty-nine and sixty of Republic Act
Numbered One hundred and sixty-five, as amended by section six of
Republic Act Numbered Six hundred and thirty-seven, are hereby further
amended so as to read as follows:
"CHAPTER XII. — Designs and
utility models
"Sec. 55. Design patents and patents for utility
models. — (a) Any new, original, and ornamental design for an article
of manufacture and (b) any new model of implements or tools or of any
industrial product, or of part of the same, which does not possess the
quality of invention, but which is of practical utility by reason of
its form, configuration, construction or composition, may be protected
by the author thereof, the former by a patent for a design and the
latter by a patent for a utility model, in the same manner and subject
to the same provisions and requirements as relate to patents for
inventions in so far as they are applicable, except as otherwise herein
provided.
"The standard of novelty established by section nine hereof for
inventions shall apply to ornamental designs.
"A utility model shall not be considered 'new' if, before the
application for a patent, it has been publicly known or publicly used
in this country, or has been described in a printed publication or
publications circulated within the country, or if it is substantially
similar to any other utility model so known, used or described within
the country.
"Applications for design patents and patents for utility models shall
be subject to interference proceedings as authorized in section ten of
this Act, as amended by section one of Republic Act Numbered Six
hundred and thirty-seven.
"Patents for designs and for utility models shall be subject to
compulsory license as authorized in section thirty-four of this Act.
They shall not be subject to the payment of annual fees provided for
invention patents in Chapter V hereof.
"Sec. 57. Notice of grant of patent shall be
published. — Notice of the grant of a design patent or of a patent for
a utility model shall be published in the Official Gazette.
"Sec. 58. Term and extension thereof . — The term
of the design patent and of the patent for a utility model shall be
five years from the date of the grant thereof.
"Before the expiration of the five-year term, upon payment of the
required fee, or within a further time thereafter not to exceed six
months upon payment of the surcharge, the owner of the design patent or
of a patent for a utility model may apply for an extension for an
additional five years. The application for extension must be
accompanied by an affidavit showing that the design or the model is in
commercial or industrial use in the Philippines or satisfactorily
explaining non-use. In a similar manner an extension for a third
five-year period may be obtained.
"Sec. 59. Marking. — The marking required by
section forty-four, Chapter X, hereof, shall be "Philippine Design
Patent", and "Philippine Utility Model Patent" or appropriate
abbreviations, and the number of the patent.
"Sec. 60. Infringement. — Infringement of a design
patent or of a patent for utility model shall consist in unauthorized
copying of the patented design or utility model for the purpose of
trade or industry in the article or product and in the making, using or
selling of the article or product copying the patented design or
utility model. Identity or substantial identity with the patented
design or utility model shall constitute evidence of copying."
Sec. 2. Section s twenty-eight and thirty-three of
Republic Act Numbered One hundred and sixty-five are hereby amended so
as to read as follows:
"Sec. 28.
General grounds for cancellation. — Any person may on payment of the
required fee petition the Director within three years from the date of
publication of the issue of the patent in the Official Gazette, to
cancel the patent or any claim thereof, on any of the following grounds:
"(a) That the invention is not new or patentable in
accordance with sections seven, eight, and nine, or that the design or
utility model is not new or patentable under section fifty-five hereof;
"(b) That the specification in the case of an
invention does not comply with the requirement of section fourteen,
Chapter III hereof; or
"(c) That the person to whom the patent was issued
was not the true and actual inventor, designer or author of the utility
model or did not derive his rights from the true and actual inventor,
designer or author of the utility model.
"Sec 33. Cancellation for fraud on the inventor,
designer or author of the utility model. — In the case of the ground
specified in paragraph (c), section twenty-eight hereof, if the
petition for cancellation is made by or on behalf of the true and
actual inventor, designer or author of the utility model, from whom the
patentee fraudulently derived the invention design or utility model and
is successful on this ground, a patent may be obtained by such person,
if he does not have a patent, notwithstanding any knowledge or use or
publication of the patent cancelled: Provided, That the true and actual
inventor, designer or author of the utility model shall file an
application for patent for such invention, design or utility model,
within six months after the order of cancellation has become final. The
term of such patent, however, shall expire, in the case of invention
patents, seventeen years from the date of issue of the patent
cancelled; and in the case of design and utility model patents, five
years from the date of the issue of the original or renewal patent
cancelled."
Sec. 3. Section s sixty-one and sixty-two of
Republic Act Numbered One hundred and sixty-five are hereby amended so
as to read as follows:
"Sec. 61.
Appeal from action of Director. — The application for a patent for an
invention, for a design, or for a utility model, any party to a
proceeding in interference, or to cancel a patent or to obtain a
compulsory license, and any party to any other proceeding in the Office
may appeal to the Supreme Court from any final order or decision of the
Director.
"Sec. 62. Stay. — A petition for review of any
order or decision of the Director rejecting in whole or in part an
application for a patent shall not stay any order or decision of the
Director in respect of any other applications then pending for a
patent; but the Director shall proceed to act on such other
applications without regard to such petition unless the Supreme Court
shall otherwise direct."
Sec. 4. Section seventy-four of Republic Act
Numbered One hundred and sixty-five is hereby amended so as to read as
follows:
"Sec. 74. Penalty for false marking. — Any person
who falsely represents or indicates that any device, article or product
made or sold by him is patented as an invention design, or utility
model by making or having on the device, article or product, or on
their containers or packages, or using in advertising or displays used
in connection with them, or with any process, words expressing or
implying that the device, article, product or process is patented shall
be subject to a fine of not less than one hundred pesos nor more than
one thousand pesos, or imprisonment for not less than one month nor
more than one year, or both, in the discretion of the court. Actions
hereunder shall prescribe in two years."
Sec. 5. Section seventy-five of Republic Act
Numbered One hundred and sixty-five is hereby amended so as to read as
follows:
"Sec. 75.
Fees. — The following fees shall be paid;
"For filing an application for patent, which shall include the cost of
publication in the Official Gazette, two hundred pesos;
"For annual fees due at the beginning of the fifth and each succeeding
year, one hundred pesos each year;
"For surcharge for delayed payment of an annual fee, twenty-five pesos;
"For reinstating lapsed patent, one hundred pesos;
"For filing a petition for cancellation, except when filed by the
Solicitor General, fifty pesos;
"For filing a petition for a compulsory license, one hundred pesos;
"For copies of records of the Office, two pesos per photostat sheet,
one peso per hundred words of typewritten copy;
"For each certification of copy of any records, ten pesos;
"For recording assignments, and other documents relating to title, and
license, ten pesos;
"For notice of appeal to the Supreme Court from the order or decision
of the Director, or for notice of appeal to the Director from an order
or decision of the principal examiner, twenty-five pesos;
"For filing application for a design, or utility model patent which
shall include cost of publication, seventy-five pesos;
"For renewing a design or utility model patent seventy-five pesos;
"For surcharge for delayed renewal of a design or utility model patent,
twenty pesos; and
"For services not otherwise specified, the Director shall provide, by
regulation, the fees therefor."
Sec. 6. This Act shall take upon its approval.
Approved: June 16, 1953
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