Novelty. An industrial design or utility model shall not be
new if it forms part of a prior art.
Prior art. Prior art shall consist of:
made available to the public anywhere in the world before the filing
or the priority date of the application provided that the disclosure is
contained in printed documents or in any tangible form.
of an application for a patent for invention, utility model or
design published under Sec. 44 of the IP CODE, filed or effective in
Philippines, with a filing or priority date that is earlier than the
or priority date of the industrial design or utility model
Provided, That the application which has validly claimed priority
shall be prior art with effect as of the said priority date, Provided
That the applicant identified in both applications are not one and the
Where two or more applications
are independently filed with respect to the same industrial design or
model, and the later applications are filed before the publication of
first application or earliest application, the whole contents of such
or earliest application shall be novelty with respect to the
application or applications.
Rule 402. Non-prejudicial
disclosure. The disclosure of information contained in the
design application during the six (6) months preceding the filing date
or the priority date of the application or during the twelve (12)
preceding the filing date or priority date in the case of utility model
application shall not prejudice the applicant on the ground of lack of
novelty if such disclosure was made by the:
and the information was contained (i) in another application filed by
maker/designer and should have not been disclosed by the patent office,
or (ii) in an application filed without the knowledge or consent of the
designer by a third party which obtained the information directly or
from the maker/designer; or
which obtained the information directly or indirectly from the
For the purposes of
subsection (a) “designer” also means any person who, at the filing date
of application, had the right to the industrial design.
RIGHT TO A REGISTRATION
Right to a registration. The right to a registration
to the maker or designer, his heirs, or assigns. When two (2) or
more persons have jointly made a utility model or industrial design,
right shall belong to them jointly.
Who may be named in an application as an applicant.
The application may be filed by the actual maker(s) or designer(s) or
the name of his heirs, legal representative or assigns.
Utility models and industrial designs created pursuant to a
The person who commissions the work shall own the registration, unless
otherwise provided in the contract.
In case the employee
made the invention in the course of his employment contract, the
shall belong to:
if the activity is not a part of his regular duties even if the
uses the time, facilities and materials of the employer
if the utility model or industrial design is the result of the
of his regularly-assigned duties, unless there is an agreement, express
or implied, to the contrary.
Multiple priorities. An application can claim more
priority even from different countries. If more than one patent
is claimed, time limits computed from the priority date will be based
the earliest priority date.
If one or more priorities are claimed, the right of priority shall
only those elements of the application which are included in the
or applications whose priority is claimed.
If certain elements of the utility model or industrial design for which
priority is claimed do not appear among the claims formulated in the
application, priority may nonetheless be granted, provided that the
application as a whole specifically disclose such elements.
Where an application could have claimed the priority of an earlier
but when filed, did not contain such priority, the applicant shall be
two (2) months from the filing date to submit the priority claim.
Submission of priority
claim after the filing of the application shall be accompanied by a
of the applicant stating that the delay in submitting the priority
Rule 407. Certified
copy of the foreign applications. The certified copy of
applications on which the priority claim is based shall be the copy of
the application(s) as duly certified to be a true and faithful
thereof by the Industrial Property Office which received it or any
office which has official custody of the foreign application(s).
Presentation of the application documents. (a) All
for an application for an invention patent which are to become part of
the permanent records of the Office must be the original copy only, and
legibly written, typewritten, or printed in permanent ink only on one
of the sheet. If necessary, only graphic symbols and characters and
or mathematical formulas may be written by hand or drawn. The typing
be 1 ½ spaced. All text matter shall be in characters, the
letters of which are not less than 0.21 cm. high, and shall be in dark,
(b) The documents
making up the application shall be on an 29.7 cm x 21 cm paper or the
of an A4 paper which shall be pliable, strong, white, smooth, matt and
(c) The specification
and claim(s) of the application must be written with the lines numbered
in sets of five and the number appearing on the left side margin.
(d) The description
and the claims may contain chemical or mathematical formulas. The
may contain tables. The claims may contain tables only if their
makes the use of tables desirable. Tables and chemical or mathematical
formula may be placed sideways on the sheet if they cannot be presented
satisfactorily in an upright position thereon; sheets on which tables
chemicals or mathematical formulas are presented sideways shall be so
that the tops of the tables or formula are at the left side of the
(e) Physical values
shall be expressed in the units recognized in international practice,
appropriate in terms of the metric system using system international
units. Any data not meeting this requirement must also be expressed in
the units recognized in international practice. For mathematical
the symbols in general use shall be employed. For chemical formula the
symbols, atomic weights and molecular formula in general use shall be
In general, use should be made of the technical terms, signs and
generally accepted in the field in question.
(f) The terminology
and the signs shall be consistent throughout the application.
(g) Each of the documents
making up the application (request for registration, description,
drawings and abstract) shall commence on a separate sheet. The
sheets shall be filed in such a way that they can easily be turned
and joined together again.
The margins of the
documents shall be within the following ranges:
Top : 2 cm.
: 2.5 cm.
- 4 cm.
: 2 cm.
- 3 cm.
2 cm. -
The margins of the documents
making up the application must be completely blank.
All the sheets making
up the documents shall have their pages numbered consecutively using
numeral. The page numbers shall appear in the central portions of
either the top or bottom margins.
(i) The documents
making up the application except the request for grant shall be filed
four (4) copies.
Prohibited matter. (a) The application shall not
(i) a statement or
other matter contrary to “public order” or morality;
(ii) statement disparaging
the products or processes of any particular person or other than the
or the merits or validity of applications or patents of any such
Mere comparison with the prior art shall not be considered disparaging
(iii) any statement
or other matter obviously irrelevant or unnecessary under the
b) If an application
contains prohibited matter within the meaning of this Rule, the Bureau
shall omit it when publishing the registration, indicating the place
number of words or drawing omitted.
Rule 410. Information
concerning corresponding foreign application. The
shall, at the request of the Director, furnish him with the date and
of any application filed by him abroad, hereafter referred to as the
application”, relating to the same or essentially the same utility
or industrial design as that claimed in the application filed with the
Office and other documents relating to the foreign application.
Other documents relating to the foreign application may
consist of the
(a) A copy of the
search reports in English on the corresponding or related foreign
prepared by the European, Japanese or United States Patent Offices,
authorities under the Patent Cooperation Treaty or by the office where
the first application was filed.
(b) Photocopy of
the relevant documents cited in the search report;
(c) Copy of the patent
granted to the corresponding or related application;
(d) Copy of the examination
report or decision on the corresponding or foreign related application;
(e) Other documents
which could facilitate registration.
Non-compliance. The application is considered
the applicant fails to comply with the requirement to furnish
concerning the corresponding foreign application within the specified
General requisites for the drawing. The drawing must
by the applicant or the name of the applicant may be signed on the
by his attorney or agent. The drawing must show every feature of
the utility model or industrial design covered by the claim(s), and the
figures should be consecutively numbered.
414. Drawing for an Improvement. When the
model consists of an improvement of an old machine, the drawing must
in one or more views, the utility model itself, isolated from the old
and also, in another view, so much only the old structure as will
to show the relation of the utility model therewith.
Uniform standard of excellence suited to photolithographic
required of drawings. Unless and until otherwise
the printing of the drawings in the IPO Gazette is done by the
process, and therefore the character of each original drawing must be
as nearly as possible to a uniform standard of excellence suited to the
requirements of the process, to give the best results, in the interests
of the inventors, makers and designers, of the Office, and of the
The following rules will therefore be strictly enforced, and any
from them will be certain to cause delay in the registration of an
Paper and Ink. Drawings must be made upon paper that is
strong, white, smooth, non-shiny and durable. Two ply or three
Bristol board is preferred. The surface of the paper should
be calendered and of a quality which will permit erasure and correction
with India ink. India ink, or its equivalent in quality, is
for pen drawings to secure perfectly black solid lines. The use
white pigments to cover lines is not permissible.
Size of drawing sheet; imaginary line. The size of a sheet
on which a drawing is made must be exactly 29.7 cm x 21 cm or the size
of an A4 paper. The minimum imaginary margins shall be as
top 2.5 cm; left side 2.5 cm; right side 1.5 cm; bottom 1 cm.
this imaginary margin all work and signatures must be included.
of the shorter sides of the sheet is regarded as its top, and,
downwardly from the imaginary line, a space of not less than 3 cm is to
be left blank for the heading of title, name, number, and date.
Character and color lines. All drawings must be made
the pen or by a photolithographic process which will give them
reproduction characteristics. Every line and letter (signatures
must be absolutely black. This direction applies to all lines,
fine, to shading and to lines representing cut surfaces in sectional
All lines must be clean, sharp, and solid, and they must not be too
or crowded. Surface shading, when used, should be open.
shading should be made by oblique parallel lines, which may be about
cm apart. Solid black should not be used for sectional or surface
shading. Freehand work should be avoided whenever possible.
The fewest possible number of lines and little or no shading
to be used.
Drawings should be made with the fewest lines possible consistent with
clearness. By the observance of this rule the effectiveness of
work after reduction will be much increased. Shading (except on
views) should be used sparingly, and may even be dispensed with if the
drawing be otherwise well executed. The plane upon which a
view is taken should be indicated on the general view by a broken or
line, which should be designated by numerals corresponding to the
of the sectional view. Heavy lines on the shade sides of objects
should be used, except where they tend to thicken the work and obscure
letter of reference. The light is always supposed to come from
upper left hand corner of an angle of 45 degrees.
Scale to which drawing is made to be large enough.
to which a drawing is made ought to be large enough to show the
without crowding, and two or more sheets should be used if one does not
give sufficient room to accomplish this end; but the number of sheets
never be more than what is absolutely necessary.
Letters and figures of reference. The different views should
be consecutively numbered. Letters and figures of reference must
be carefully formed. They should, if possible, measure at least
millimeters in height, so that they may bear reduction to 10.6
and they may be much larger when there is sufficient room. They
be so placed in the close and complex parts of drawings as not to
with a thorough comprehension of the same, and therefore, should rarely
cross or mingle with the lines. When necessarily grouped around a
certain part, they should be placed at a little distance where there is
available space, and connected by lines with the parts to which they
They should not be placed upon shaded surfaces, but when it is
to avoid this, blank space must be left in the shading where the letter
occurs, so that it shall appear perfectly distinct and separate from
work. If the same part of utility model or industrial design
in more than one view of the drawing, it must always be represented by
the same character, and the same character must never be used to
Signature, where to be placed. The signature of the
should be placed at the lower right-hand corner within the imaginary
of each sheet, but in no instance should they trespass upon the
Title of the drawing. The title should be written with pencil
on the back of the sheet. The permanent name and title
the heading will be applied subsequently by the Bureau of Patents in
Position on drawing sheets of large views. All views on the
sheet must stand in the same direction and must, if possible, stand so
that they can be read with the sheet held in an upright position.
If views longer than the width of the sheet are necessary for the
illustration of the utility model or industrial design, the sheet may
turned on its side. The space for heading must then be reserved
the right and the signatures placed at the left, occupying the same
and position as in the upright views and being horizontal when
sheet is held in an upright position. One figure must not be
upon another or within the outline of another.
Flow sheets and diagrams. Flow Sheets and diagrams
Requisites for the figure of the IPO Gazette. As a
one view of each utility model or industrial design can be shown in the
IPO Gazette illustrations. The selection of that portion of a
best calculated to explain the nature of the utility model or
design or its specific improvement would be facilitated and the final
improved by judicious execution of a figure with express reference to
IPO Gazette, but which must at the same time serve as one of the
referred to the specification. For this purpose the figure may be
a plan, elevation, section, or perspective view, according to the
of the draftsman. All its parts should be especially open and
with very little or no shading, and it must illustrate only the utility
model or industrial design claimed, to the exclusion of all other
When well executed, it will be used without curtailment or change, but
any excessive fineness or crowding or unnecessary elaborateness of
will necessitate its exclusion from the IPO Gazette.
Reference signs. Reference signs not mentioned in the
and claims shall not appear in the drawings and vice versa. The
features, when denoted by reference signs, shall throughout the
be denoted by the same signs.
Photographs. (a) Photographs are not normally considered to
proper drawings. Photographs are acceptable for obtaining a
date and generally considered to be informal drawings.
are only acceptable where they come within the special categories as
forth in the paragraph below. Photolitographs of photographs are
(b) The Office is
willing to accept black and white photographs or photomicrographs (not
photolitographs or other reproduction of photographs made by using
printed on sensitized paper in lieu of India ink drawings, to
the inventions which are incapable of being accurately or adequately
by India ink drawings restricted to the following categories:
structures, metallurgical microstructures, textile fabrics, grain
and ornamental effects. The photographs or photomicrographs must
show the utility model or industrial design more clearly than they can
be done by the India ink drawings and otherwise comply with the rules
(c) Such photographs
to be acceptable must be made on photographic paper having the
characteristics which are generally recognized in the photographic
paper with a surface described as smooth, tint, white, or be
mounted on a proper sized Bristol board.
Matters not permitted to appear on the drawings. An
or attorney’s stamp, or advertisement or written address shall not be
on the drawings.
Drawings not conforming to foregoing rules to be accepted only
A drawing not executed in conformity to the foregoing rules may be
for purposes of according a filing date only. In such cases, the
drawing must be corrected or a new one furnished within two (2) months
from mailing date of the formality report. Otherwise, the
shall be deemed withdrawn.
Applicants are advised
to employ competent draftsman to make their drawings.
Rule 431. Employment
of attorney-at-law or agent recommended. An applicant or an
of the entire interest may prosecute his own case, but he is advised,
familiar with such matters, to employ a competent attorney-at-law or
as the value of patents depends largely upon the skillful preparation
the specification and claims. The Office cannot aid in the
of an attorney-at-law or agent.
Rule 432. Appointment
of resident agent or representative. An applicant who
not a resident of the Philippines must appoint and maintain a resident
agent or representative in the Philippines upon whom notice or process
for judicial or administrative procedure relating to the application or
the registration may be served.
If there are two
(2) or more agents appointed by the applicant, the Office shall forward
all correspondence to the latest agent appointed. A substitute or
associate attorney may be appointed by an attorney only upon the
authorization of his principal; but a third attorney appointed by the
will not be recognized.
Revocation of power of attorney. A power of
or authorization may be revoked upon proper notification to the
General, and, when revoked, the Office will notify the attorney or
of such revocation and shall communicate directly with the applicant or
with such other attorney or agent as he may later appoint.
Rule 434. Decorum
and courtesy required in the conduct of business. Applicants, their
attorneys or agents are required to conduct their business with the
with politeness, decorum, and courtesy. Applicants who act or
in acting in violation of this rule, shall be required to be
by attorney, and papers presented containing matter in violation of
rule will be submitted to the Director General and returned to the
by his direct order.
WHO MAY REQUEST FOR A REGISTRATION
Who may request for a registration. Any person,
juridical, may request for a registration. If the applicant is
the maker/designer, the Office may require him to submit proof of his
to apply for a registration.
When the applicant dies, becomes insane.
the applicant dies, becomes insane or incapacitated, the legally
administrator, executor, guardian, conservator, or representative of
applicant, may sign the application papers and other documents, and
for and obtain the certification of registration in the name of the
his heirs or assignee.
Assigned applications. In case the whole interest in
model or industrial design is assigned, the application may be filed by
or in the name of the assignee who may sign the application. In case
assignee is a juridical person, any officer thereof may sign the
in behalf of the said person. In case of an aliquot portion or
interest, any of the joint owners will sign the application.
Juridical person; definition. A juridical person is
of persons, a corporation, a partnership, or other legal entity that is
recognized by law which grants a juridical personality separate and
from that of a share holder, partner or member.
Proof of authority. If the person who signs the
in behalf of a juridical person is an officer of the corporation, no
of authority to file the said application will be required.
if any other person signs for and in behalf of a juridical person, the
Office shall require him to submit proof of authority to sign the
If the applicant
appoints a representative to prosecute and sign the application, the
shall require proof of such authority.
440. Forms of signatures. Where a signature
required, the Office may accept:
(a) A handwritten
(b) The use of other
forms of signature, such as a printed or stamped signature, or the use
of a seal, or thumb marks, instead of a handwritten signature.
That where a seal or a thumbmark is used, it should be accompanied by
indication in letters of the name of the signatory.
No attestation, notarization,
legalization or other certification of any signature or other means of
self-identification referred to in the preceding paragraphs, will be
except, where the signature concerns the surrender of a Certificate of
CLASSIFICATION AND SEARCH
Classification and search. An application for
model or an industrial design shall be classified and a search
to determine the prior art. The Search Report shall be submitted to the
applicant together with the Formality Examination Report within two (2)
months from the filing date.
Content of the search report. The Search
Report is drawn
up on the basis of the claims, description, and the drawings if there
(a) The search report
shall mention those documents, available at the Office at the
of drawing up the report, which may be taken into consideration in
(b) The search report
shall contain the classification of the subject matter of the
in accordance with the International Classification.
(c) The search report
may include documents cited in a search established in the
Confidentiality before publication. A registration,
has not yet been published, and all related documents, shall not be
available for inspection without the consent of the registrant.
Rule 444. Unpublished,
withdrawn and forfeited applications not cited.
Withdrawn and forfeited applications as such will not be cited as
AMENDMENTS; WITHDRAWAL BY THE APPLICANT
Amendment by the applicant. An applicant may amend the
prior to registration: Provided, That such amendment shall not include
new matter outside the scope of the disclosure contained in the
Amendment and revision required. The
claim(s) and drawing(s) must be amended and revised when required, to
inaccuracies of disclosure and definition or unnecessary prolixity, and
to secure correspondence between the claim(s), the description and the
Manner of making amendments. Erasures,
or alterations of the papers and records must not be made by the
Amendments by the applicant are made by filing a paper in accordance
these Regulations, directing or requesting that specified amendments be
made. The exact word or words to be stricken out or inserted in
application must be specified and the precise point indicated where the
deletion or insertion is to be made. The basis of the proposed
in the original application as filed shall be indicated.
Entry and consideration of amendments.
are entered by the Office by making the proposed deletions by drawing a
line in red ink through the word or words cancelled, and by making the
proposed substitutions or insertions in red ink, small insertions being
written in at the designated place and larger insertions being
Amendments to the drawing. The paper requesting amendments to the
should be separate from other papers. The drawing may not be
from the Office except for signature. Substitute drawings will not
be admitted in any case unless required by the Office.
Substitute specification. If the number or nature of the
shall render it difficult to arrange the papers for printing or
the Examiner may require the entire description or claim(s), or any
thereof, to be rewritten. A substitute specification will
not be accepted unless it has been required by the Examiner. A
specifications may be required within two (2) months from
prior to publication of the registration in the IPO Gazette.
Express withdrawal of application. An application
may be expressly
withdrawn by filing in the Office a written declaration of withdrawal,
signed by the applicant himself and the assignee of record, if any, and
identifying the application.