WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/PHL/I/7
1 August 2001
(01-3809)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
PHILIPPINES
The present document reproduces the text
1 of the following laws and regulations, notified by the
Philippines under Article 63.2 of the Agreement (see document IP/N/1/PHL/2).
Page
- Rules and Regulations on Utility Models and Industrial Designs 2
- IPO Office Order No. 09 (2000) – Amendments to the Rules and Regulations on Utility
Models and Industrial Designs40
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
PHILIPPINES
Le présent document contient le texte1 des lois et réglementations suivantes, notifiées par les
Philippines au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/PHL/2).
Page
- Lois et réglementations concernant les modèles d'utilité et les dessins et modèles industriels 2
- Ordonnance n° 09 (2000) portant modification des règles et réglementations concernant les
modèles d'utilité et les dessins et modèles industriels40
Consejo de los Aspectos de  los Derechos de Propiedad
Intelectual relaciona dos con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
FILIPINAS
En el presente documento se reproduce el texto1 de las leyes y reglamentos siguientes, notificados por
Filipinas en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/PHL/2).
Página
- Normas y Reglamentos sobre modelos de utilidad y dibujos y modelos industriales 2
- Orden Nº 09 (2000) de la Oficina de la Propiedad Intelectual – Modificaciones de las Normas
y Reglamentos sobre modelos de utilidad y dibujos y modelos industriales40
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/PHL/I/7
Page 2
December 2, 1998
RULES AND REGULATIONS ON UTILITY MODELS
AND INDUSTRIAL DESIGNS
WHEREAS, the State recognizes that an effective industrial property system is
vital to the development of domestic creativity, facilitates transfer of technology,
attracts foreign investments and ensures market access for our products;
WHEREAS, it is the policy of the State to streamline administrative procedures
in granting patents and enhance the enforcement of intellectual property rights in the
Philippines;
NOW, therefore, pursuant to the provisions of Republic Act No. 8293,
otherwise known as the Intellectual Property Code of the Philippines, the followingrules and regulations on utility models and industrial designs are hereby promulgated:
PART 1
RULE 10. These regulations shall be known as the “Utility Model and Design
Regulations”. 
[As ammended by Office Order No. 09 (2000)]
Definitions
RULE 100. Definitions . — Unless otherwise specified, the following terms
shall have the meaning provided in this Rule:
(a) "Bureau" means the Bureau of Patents of the Office;
(b) "Director" means the Director of the Bureau of Patents;
(c) "Director General" means the head of the Intellectual Property
Office;
(d) "Examiner" means any officer or employee of the Bureau of
Patents authorized to examine applications. The title or official
designation of such officer or employee may change as the
structure of the Office may be set;
(e) "IP Code" means Republic Act No. 8293 otherwise known as
the Intellectual Property Code of the Philippines;IP/N/1/PHL/I/7
Page 3
(f) "IPO Gazette" means the Intellectual Property Office's own
publication where all matters required to be published under the
IP Code shall be published;
(g) "Office" means the Intellectual Property Office; and
(h) "Regulations" means this set of rules and regulations and such
Rules of Practice as may be formulated by the Director of
Patents and approved by the Director General.
PART 2
Utility Models
RULE 200. Registrable Utility Models . — Any technical solution of a problem
in any field of human activity which is new and industrially applicable shall beregistrable.
RULE 200. 1 Non-Registrable Utility Models . — The following shall be
excluded from protection as utility models:
(a) Discoveries, scientific theories and mathematical method;
(b) Schemes, rules and methods of performing mental acts, playing
games or doing business, and programs for computers;
(c) Methods for treatment of the human or animal body by surgery
or therapy and diagnostic methods practiced on the human or
animal body. This provision shall not apply to products and
compositions for use in any of these methods;
(d) Plant varieties or animal breeds or essentially biological process
for the production of plants or animals. This provision shall not
apply to microorganisms and non-biological and
microbiological processes;
(e) Aesthetic creations; and
(f) Anything which is contrary to public order or morality.
RULE 200.2 Industrial Applicability . — A utility model which can be
produced and used in any industry shall be industrially applicable.IP/N/1/PHL/I/7
Page 4
RULE 201. Statutory Classes of Utility Models . — A utility model may be, or
may relate to
(a) a useful machine;
(b) an implement or tool;
(c) a product or composition;
(d) a method or process; or
(e) an improvement of any of the foregoing.
[As amended by  Office Order No. 09 (2000)]
RULE 202. First to File Rule . — If two or more persons have made the same
utility model separately and independently of each other, the right to the utility model
registration shall belong to the person who filed an application for such utility model,
or where two or more applications are filed for the same utility model to the applicant
who has the earliest filing date or the earliest priority date.
RULE 203. Filing Date of Utility Model Application . — The filing date of a
utility model application shall be the date on which the Office received the followingrequirements:
(a) A property filled-out request form  for registration as prescribed
by the Bureau;
(b) A description of the Utility Model;
(c) Claim or claims; and
(d) Drawings or a pictorial representation disclosing completely the
utility model, if there is/are any.
Without need of any notice from the office, the filing fee shall be paid within
one (1) month from the date of application was received by the office, otherwise,  the
application shall be deemed forfeited. 
[As amended by  Office Order No. 09 (2000)]
RULE 204. Right of Priority for Utility Model . — An application for utility
model filed by any person who has previously applied for the same utility model in
another country which by treaty, convention, or law affords similar privileges to
Filipino citizens, shall be considered as filed as of the date of filing the foreign
application: Provided, That: (a) the local application expressly claims priority; (b) it is
filed within twelve [12] months from the date the earliest foreign application wasfiled; and (c) a certified copy of the foreign application together with an English
translation is filed within six [6] months from the date of filing in the Philippines.IP/N/1/PHL/I/7
Page 5
RULE 205. Registration of Utility Model . — A utility model application shall
be registered without substantive examination provided all fees such as filing, excess
claims and publication fees are paid on time and all formal requirements set forth in
these Regulations are filed. [As amended by  Office Order No. 09 (2000)]
RULE 206. Formality Examination of Utility Model Application . — The
utility model application shall be classified and examined as to the completeness ofthe formal requirements prescribed in these Regulations, and a report thereon shall be
transmitted to the applicant. The formality examination shall take into account the
parts of these Regulations on: (a) the right to a utility model registration, (b) who may
apply for a utility model registration, (c) filing date requirements and (d) other
formality requirements. 
[As amended by Office Order No. 09( 2000)]
RULE 207. Applicant's Action on the Formality Examination Report . —
Within two (2) months from the mailing date of the formality examination report, the
applicant may: (1) voluntarily withdraw the application, (2) amend the application, (3)
convert the application to an application for an invention patent, or (4) upon payment
of the required fee, request for a registrability report. [As amended by Section 6 Office Order
No. 09 (2000)]
RULE 207.1. Voluntary Withdrawal . — The application shall be deemed
withdrawn and all files expunged from the record of the Bureau upon receipt of the
applicant's voluntary withdrawal.
RULE 207.2. Amended Applications . — The amended application shall be
classified and subjected to formality examination. Report thereon shall be submitted to
the applicant within two (2) months from receipt of the amended application. Within
two (2) months from mailing date of the formality examination report on the amended
application, the applicant may: (1) withdraw the application, (2) convert the same to
an application for an invention patent, or (3) upon payment of the required fee, request
for a registrability report. [As amended by Office Order No. 09 (2000)]
RULE 207.3. Application Converted to an Application for Inventions Patent .
— The application or amended application which is converted into an application for
an invention patent shall be processed as an invention patent application upon receipt
of notice from the applicant.
RULE 207.4. No Action on the Part of Applicant Where Formal Requirements
are Complete . — Where the application meets all the formal requirements for
registrability and the Bureau fails to receive any action from the applicant, the utility
model shall be deemed registered upon the expiration of two (2) months from the
mailing date of the formality examination report, provided the issuance, publication
and all required fees have been fully paid. [As amended by Office Order No. 09 ( 2000)]IP/N/1/PHL/I/7
Page 6
RULE 207.5. No Action on the Part of Applicant Where Formal Requirements
are not Complete . — Where the application fails to meet any of the formal
requirements for registration and the Bureau fails to receive any action from the
applicant, the application shall be deemed withdrawn and all files thereon shall be
expunged from the records of the Bureau upon the expiration of two (2) months from
the mailing date of the formality examination report. The Bureau may return to the
applicant all the files expunged from its records.
RULE 207.6. Registrability Report . — The report shall contain citations of
relevant prior art documents with appropriate indications as to their degree of
relevance which will serve as an aid to the applicant in the determination of the
validity of the utility model claim(s) in respect to newness. The registrability report
shall be given to the applicant within two (2) months from receipt of the request from
the applicant . [As amended by Office Order No. 09 (2000)]
RULE 207.7 Non-Payment of Issuance and Publication Fees . — Where the
application meets all the formal requirements for registrability and the applicant fails
to pay the issuance and publication fees within the prescribed period, the utility model
application shall be deemed withdrawn.  [As amended by Office Order No. 09 (2000)]
RULE 207.8 Final Action . — Where the applicant fails to file a complete
response to the formality examination report, any subsequent formality examination
report submitted to the applicant shall be a final action which may be appealed to the
Director of Patents in a manner provided for in these Regulations. [As amended by Office
Order No. 09 (2000)]
RULE 208. Requirements for Applications for Utility Model . — An
application for Utility Model Registration and other correspondences shall be in
Filipino or English and must be addressed to the Director of the Bureau of Patents.
The application shall contain the following:
a) A duly accomplished request for registration as prescribed by
the Bureau,
b) Description containing the following:
1. title
2. technical field
3. background of the Utility Model
4. brief description of the several views of the drawings, if
anyIP/N/1/PHL/I/7
Page 7
5. detailed description
c) Claim or claims
d) Drawings, if any
e) Abstract of the Disclosure
(As amended by Section 3, Office Order No. 12, Series of 2000, dated 12
May 2000.)
RULE 208.1. Title. — The title should be as short and specific as possible, and
should appear as heading on the first page of the specification. Fancy names are not
permissible in the title. (As amended by Section 13, Office Order No. 09, Series of 2000, dated 12 May
2000.)
RULE 208.2. Technical Field . — A statement of the technical field of the art to
which the utility pertains. The statement should be directed to the subject matter of the
claimed utility model.
RULE 208.3. Background of the Utility Model . — It is a description which
indicates the so-called "background art" constituting the related prior art or state of the
art or known technology for the utility model sought to be registered, including
references to specific documents where appropriate. Where applicable, the problems
involved in the information which may be solved by the applicant's utility model
should be indicated.
RULE 208.4. Brief Description of the Several Views of the Drawings, if there
be any . — Every view of the drawings should be briefly described, and indicated with
corresponding figure numbers.
RULE 208.5. Detailed Description . — The detailed description must
specifically include a complete description of the manner or making and using the
utility model. It must set forth the precise or exact utility model for which registration
is sought, in such manner as to distinguish the utility model from the prior art itpertains to and the technical problem solved by the utility model should be indicated.
RULE 208.6. Claim or Claims .
a) The claim(s) must define the subject matter of the utility model
for which registration is sought. Such claim(s) should be clear
and concise and fully supported by the description.
b) If the utility model application relates to an improvement, the
claim(s) should specifically point out and distinctly claim the
improvement in combination with a preamble statementIP/N/1/PHL/I/7
Page 8
indicating the prior art features which are necessary for the
definition of the claimed subject matter.
RULE 209. Unity of Utility Model . — Only one independent genus or generic
claim is permissible in a utility model application. However, specific variations of the
utility model may be claimed in a reasonable number of dependent claims in a single
application, provided such variations fall under a single statutory class provided inthese Regulations and are embodied under a single general innovative concept. Such
specific variations of the claimed utility model must fall within the scope of the
generic claim.
RULE 209.1. Claims Incurring Fee. (a) Any utility model application
comprising more than five (5) claims, independent and/or multiple/alternative
dependent claims at the time of filing, or added claims after the filing date in respectof each claim over and above five (5) incurs payment of a claims fee. The claims fee
shall be payable within one (1) month after the filing of the application. If the claim
fees have not been paid in due time, they may still be validly paid within a grace
period of one (1) month from notice pointing out the failure to observe the time limit.
If the claims fee is not paid within the time limit and the grace period referred to inthis Rule, the claim or claims concerned shall be deemed deleted.
RULE 210. Requirement for Restriction; Division . — A restriction or
division of multiple embodiments in a utility model application may be deemed proper
if such embodiments are independent and distinct, or can not be considered as specific
variations specified in these Regulations. A divisional application covering the
restricted embodiment(s), if filed during the pendency of the utility model application,shall be entitled to the benefit of the filing date of such parent application.
RULE 211. Publication Upon Registration of the Utility Model . —
Registration of utility model shall be published in the form of bibliographic data and
representative drawing, if any, in the IPO Gazette within six (6) months after
registration.
RULE 212. Term of Registration of Utility Model . — A utility model
registration shall expire, without any possibility of renewal, at the end of seventh year
after the date of the filing of the application.
However, taking into account the first-to-file rule, the volume of pending
applications as of the effectivity of the IP Code and the time that has elapsed between
the effectivity of the IP Code and the effectivity of these Regulations:
(a) The registration of Utility Model applications pending at the
effective date of, and proceeded with in accordance with, the IP
Code shall expire, without possibility of renewal, at the end of
seven (7) years from effectivity of these Regulations;IP/N/1/PHL/I/7
Page 9
(b) The registration of utility model applications filed after the
effectivity of the IP Code and pending upon effectivity of these
Regulations shall expire, without possibility of renewal, at the
end of seven (7) years from effectivity of these Regulations.
[As amended by Office Order No. 09 (2000)]
RULE 213. Cancellation of the Utility Model Registration . — The utility
Model registration shall be cancelled on the following grounds:
(a) That the utility model does not qualify for registration as a
utility model and does not meet the requirements of novelty and
industrial applicability or it is among non-registrable utilitymodels;
(b) That the description and the claims do not comply with the
prescribed requirements;
(c) That any drawing which is necessary for the understanding of
the utility model has not been furnished;
(d) That the owner of the utility model registration is not the maker
or his successor in title.
RULE 214. Conversion of Invention Patent Application to an Application for
Utility Model Registration . — At any time before the grant or refusal of a patent for
an invention, an applicant for a patent for an invention may, upon payment of the
prescribed fee, convert his application into an application for registration of a utility
model, which shall be accorded the filing date of the application. An application may
be converted only once.
RULE 215. Conversion of an Application for Utility Model Registration to a
Patent Application . — At any time before the grant or refusal of a utility model
registration, an applicant for a utility model registration may, upon payment of the
prescribed fee, convert his application into a patent application, which shall be
accorded the filing date of the utility model application.
RULE 216. Prohibition Against Filing of Parallel Applications . — An
applicant may not file two (2) applications for the same subject, one for utility modelregistration and the other for the grant of a patent for an invention whether
simultaneously or consecutively.IP/N/1/PHL/I/7
Page 10
PART 3
Industrial Designs
RULE 300. Definition of Industrial Design . — An industrial design is any
composition of lines or colors or any three-dimensional form, whether or notassociated with lines or colors: Provided that, such composition or form should give a
special appearance to and can serve as pattern for an industrial product or handicraft
that are new or original.
RULE 301. Requisites for Registrability of Industrial Design . — In order to
be registrable, an industrial design must be any new or original creation relating to the
ornamental features of shape, configuration, form, or combination thereof, of anarticle of manufacture, whether or not associated with lines, patterns or colors, which
imparts an aesthetic and pleasing appearance to the article. The design which is
embodied in any composition of lines, patterns or colors must be inseparable from the
article and cannot exist alone merely as a scheme of surface ornamentation.
An article of manufacture is defined as anything which belongs to the useful or
practical art, or any part thereof, which can be made and sold separately.
Industrial designs that are dictated essentially by technical or functional
considerations to obtain a technical result or those that are contrary to public order,
health or morals, are not registrable.” [ As amended by Office Order No. 09 (2000)]
RULE 301.1. Requisites for Registrability Explained . — The object of the
statute is to encourage the decorative arts and a design, which merely pleases the eye,
is a proper subject matter for a design registration. That is to say, a registrable design
must not only be new or original, but ornamental as well. Ornamentation implies
beauty, the giving of a pleasing appearance to an object or article. Registrable design
must therefore show a variance which enhances the aesthetic beauty and attractive
appearance of the article and which significantly differs from known design featuresor combination of known design features.
RULE 302. Degree of Novelty Required . — The standard of novelty
established by Sections 23 (Novelty) and 25 (Non-prejudicial disclosure) of the IP
Code applies to industrial designs: provided that the period of twelve (12) months
specified in Section 25 shall be six (6) months in the case of designs.
An industrial design shall not be considered new if it differs from prior designs only inminor respects that it can be mistaken as such prior designs by an ordinary observer.IP/N/1/PHL/I/7
Page 11
RULE 303. Filing Date of Industrial Design Application . — The Bureau
shall accord as the filing date of an application for industrial design registration the
date on which the Bureau received the following elements:
(a) Indications allowing the identity of the applicant to be
established; and,
(b) A representation of the article embodying the industrial design
or a pictorial representation thereof.
If these requirements are not received by the Bureau upon the filing of the
application, it shall nevertheless accept the application and accord as the filing date
the date on which all the formal requirements for registration are filed or the mistakes
are corrected in accordance with these Regulations.
RULE 304. First to File Rule . — If two or more persons have made the same
design separately and independently of each other, the right to the design registrationshall belong to the person who filed an application for such design, or where two or
more applications are filed for the same design to the applicant who has the earliest
filing date or the earliest priority date.
RULE 305. Right of Priority for Design . — An application for design filed by
any person who has previously applied for the same design in another country which
by treaty, convention, or law affords similar privileges to Filipino citizens, shall be
considered as filed as of the date of filing the foreign application: Provided, That: (a)
the local application expressly claims priority; (b) it is filed within six [6] months
from the earliest filing date of the corresponding foreign application; and (c) a
certified copy of the foreign application together with an English translation is filed
within six [6] months from the date of filing in the Philippines.
RULE 306. Registration of Industrial Design . — If the application meets the
requirements of the IP Code and these regulations, the Bureau shall effect the
registration of the industrial design: Provided that all the fees are paid on time. 
[As
amended by  Office Order No. 09 (2000)]
RULE 307. Formality Examination of Industrial Design     Application . —
The industrial application shall be classified and examined as to the completeness of
the formal requirements prescribed in these Regulations and a report thereon shall be
transmitted to the applicant. The formality examination shall take into account the
parts of these Regulations on: (a) the right to an industrial design registration, (b) who
may apply for an design registration, (c) filing date requirements and (d) otherformality requirements. 
[As amended  Office Order No. 09 (2000)]
RULE 308. Applicant's Action on the Formality Examination Report and the
Search Report . — Within two (2) months from the mailing date of the formality
examination report, the applicant may: (1) voluntarily withdraw the application, (2)IP/N/1/PHL/I/7
Page 12
amend the application, or, (3) upon payment of the required fee, request for a
registrability report. [As amended  Office Order No. 09 (2000)]
RULE 308.1. Voluntary Withdrawal . — The application shall be
deemed withdrawn and all files expunged from the records of the Bureau upon receipt
of the applicant's voluntary withdrawal.
RULE 308.2. Amended Applications . — The amended application shall
be classified and subjected to formality examination. Report thereon shall be
submitted to the applicant within two (2) months from receipt of the amended
application. Within two (2) months from mailing date of the formality examination
report on the amended application, the applicant may: (1) withdraw the application,
or, (2) upon payment of the required fee, request for a registrability report. [As amended
Office Order No. 09 (2000)]
RULE 308.3. No Action on the Part of Applicant where Formal
Requirements are Complete . — Where the application meets all the formal
requirements for registrability and the Bureau fails to receive any action from the
applicant, the industrial design shall be deemed registered upon the expiration of two
months from the mailing date of the formality examination report provided the
issuance, publication and all the required fees have been fully paid. [As amended  Office
Order No. 09 (2000)]
RULE 308.4. No Action on the Part of Applicant where Formal
Requirements are not Complete . — Where the application fails to meet any of the
formal requirements for registration and the Bureau fails to receive any action from
the applicant, the application shall be deemed withdrawn and all files thereon shall beexpunged from the records of the Bureau upon the expiration of two (2) months from
the mailing date of the formality examination report. The Bureau may return to the
applicant all the files expunged from its records.
RULE 308.5. Registrability Report . — This report shall contain citations
of relevant prior art documents with appropriate indications as to their degree of
relevance which will serve as an aid to the parties concerned in the determination ofthe validity of the industrial design claim in respect to newness. The registrability
report shall be given to the applicant within two (2) months from receipt of the request
from the applicant. 
[As amended  Office Order No. 09 (2000)]
RULE 308.6. Non-Payment of Issuance and Publication Fees . —Where
the application meets all the formal requirements for registrability and the applicant
fails to pay the issuance and publication for within the prescribed period, the industrialdesign application shall be deemed withdrawn.IP/N/1/PHL/I/7
Page 13
RULE 308.7. Final Action. — Where the applicant fails to file a
complete response to the formality examination report, any subsequent formality
examination report submitted to the applicant shall be a final action which may be
appealed to the Director in a manner provided for in these regulations. [As amended  Office
Order No. 09(2000)]
RULE 309. The Application . — An application for industrial design
registration and other correspondences shall be in Filipino or English and must be
addressed to the Director of the Bureau.
The application shall contain the following:
(a) A completely filled-out request for registration as prescribed by
the Bureau containing the name and address of the applicant or
where the applicant is not the designer, a statement indicating
the origin of the right to the industrial design; and, an indication
of the kind of article of manufacture to which the design shall
be applied;
(b) Specification containing the following:
1. title;
2. brief description of the different views of the drawings.
3. characteristic-feature description of the design;
4. claim.
(c) Drawings of the different views of the design showing the
complete appearance thereof including the signature of the
applicant or representative. The Bureau may also acceptphotographs or other adequate graphic representation of the
design provided the same comply with the requirements of
these Regulations regarding drawings of industrial designs.
RULE 310. Fees . — An application for an industrial design registration shall
be subject to the payment of the filing fee. The application shall be deemed forfeited if
the filing fee is not paid within one (1) month from the date that the application was
received by the Office. 
[As amended  Office Order No. 09(2000)]
RULE 311. Specimen . — The Bureau of Patents may require that the
application be accompanied by a "specimen" of the article embodying the industrial
design which requirement shall be subject to the payment of the prescribed fee within
one (1) month from submission of such specimen.IP/N/1/PHL/I/7
Page 14
The specimen is defined as a sample or unit of the industrial product that is
deliberately selected for examination, display or study and chosen as typical of its
kind.
RULE 312. Special Form of Specification for Application for Registration of
Industrial Design . — The application for registration of industrial design shall include
a specification containing the following matters, arranged in the order hereundershown:
(a) Title of the design;
(b) Detailed description of the several views or figures of the
formal drawings;
(c) Statement of the characteristic features of the design, if
required; and
(d) Claim.
RULE 312.1. Title. — The title of the design must technically designate
the particular article embodying the design.
RULE 312.2. Brief Description of the Several Views of the Drawings . —
Every view of the drawing should be briefly described, i.e. perspective, front, side,
top, bottom and/or back, and indicated with corresponding figure numbers.
RULE 312.3. Characteristic-Feature Description . — A characteristic —
feature statement describing the particular novel and ornamental features of the
claimed design which are considered to be dominant.
RULE 312.4. Claim . — The claim shall be in formal terms to the
ornamental design for the article (specifying name) substantially as shown and
described. More than one claim is neither required nor permitted.
RULE 312.5. Special Requirements for the Drawing of an Industrial
Design . — In addition to the drawings being made in conformity with the common
rules laid down for drawings for utility models and industrial designs, the drawings
for an industrial design must comprise sufficient number of views to constitute a
complete disclosure of the appearance of the article. Appropriate surface shadingsmust be used to show the character or contour of the surfaces represented.
In case of a color claim, a cross-sectional view of the design may be required in lieu of
surface shading, and the color coding based on the color chart as prescribed by the
Bureau should be applied.IP/N/1/PHL/I/7
Page 15
RULE 312.6. Requirements for Graphic Representation of Industrial
Designs . — Graphic representation of industrial design such as computer aided
drawing (CAD) in lieu of the India Ink Drawing could be accepted provided that such
should be made in conformity with these Regulations particularly with request to the
special requirements for drawing of an industrial design.
RULE 313. Several Industrial Design in One Application . — More than one
embodiment of an industrial design in one application may be permissible in a proper
case. A number of articles presented should not be patentably distinct from each other,
and they should be of substantially similar dominant design features that are embodied
in a single design concept. They must relate to the same subclass of the International
Classification or to the same set or composition of articles. A "set of articles" which is
customarily sold or used together as a set may be made a proper subject matter in one
application for design registration provided that each article is of, or has, the samedesign or a substantially similar design.
RULE 313.1. Restriction; Division . — A restriction or division of
multiple design embodiments may be deemed proper if two or more independent or
distinct designs are presented in one design application for registration.
RULE 314. Publication Upon Registration of Industrial Design . —
Registration of industrial design shall be published in the form of bibliographic data
and representative drawing in the IPO Gazette within six (6) months after registration.
The publication shall include the registrability report if one was requested.
RULE 315. Term of Industrial Design Registration . — The terms shall be five
(5) years from the filing date of the application and may be renewed for not more than
two (2) consecutive periods of five (5) years each, by paying the renewal fee (Secs.
118.1 and 118.2, R.A. 8293).
However, taking into account the first-to-file rule, the volume of applications
pending upon the effectivity of the IP Code and the time that has lapsed between the
effectivity of the IP Code and the effectivity of these Regulations:
(a) The first term of the industrial registrations filed prior to the
effectivity of, and processed under, the IP Code shall end five
(5) years from the effectivity of these Regulations.
(b) The first term of the industrial registrations filed under the IP
Code and pending upon the effectivity of these Regulations
shall end five (5) years from the effectivity of these
Regulations.IP/N/1/PHL/I/7
Page 16
RULE 316. The Renewal Fee . — The renewal fee shall be paid within twelve
(12) months preceding the expiration of the period of registration. A grace period of
six (6) months shall be granted for payment of the fees after such expiration, upon
payment of a surcharge.
RULE 317. Cancellation of Design Registration . — At any time during the
term industrial design registration, any person upon payment of the required fee, maypetition the Director of Legal Affairs of the Office to cancel the industrial design on
any of the following grounds:
(a) If the subject matter of the industrial design is not registrable
within the terms of Sections 112 and 113 of the IP Code;
(b) If the subject matter is not new; or
(c) If the subject matter of the industrial design extends beyond the
content of the application as originally filed.
[As amended  Office Order No. 09(2000)]
RULE 317.1. Where the grounds for cancellation relate to a part of the
industrial design, cancellation may be effected to such extent only. The restrictionmay be effected in the form of an alteration of the effected features of the design.
PART 4
Common Provisions
CHAPTER 1
Registrability
RULE 400. Novelty . — An industrial design or utility model shall not be
considered new if it forms part of a prior art.
RULE 401. Prior Art . — Prior art shall consist of:
(a) Everything made available to the public anywhere in the world
before the filing date or the priority date of the application
provided that the disclosure is contained in printed documents
or in any tangible form.
(b) The whole contents of an application for a patent for invention,
utility model or industrial design published under Sec. 44 of the
IP CODE, filed or effective in the Philippines, with a filing orpriority date that is earlier than the filing or priority date of the
industrial design or utility model application: Provided, ThatIP/N/1/PHL/I/7
Page 17
the application which has validly claimed priority shall be prior
art with effect as of the said priority date, Provided Further,
That the applicant identified in both applications are not one
and the same.
Where two or more applications are independently filed with respect to the
same industrial design or utility model, and the later applications are filed before the
publication of the first application or earliest application, the whole contents of suchfirst or earliest application shall be novel with respect to the later application or
applications.
RULE 402. Non-Prejudicial Disclosure . — The disclosure of information
contained in the industrial design application during the six (6) months preceding the
filing date or the priority date of the application or during the twelve (12) months
preceding the filing date or priority date in the case of utility model application shallnot prejudice the applicant on the ground of lack of novelty if such disclosure was
made by:
(a) The Maker/Designer;
(b) A patent office and the information was contained [i] in another
application filed by the maker/designer and should have notbeen 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 indirectly from
the maker/designer; or
(c) A third party which obtained the information directly or
indirectly from the maker/designer;
For the purposes of this Rule "designer" also means any person who, at the
filing date of application, had the right to the industrial design. 
[As amended  Office Order
No. 09(2000)]
CHAPTER 2
Right to a Registration
RULE 403. Right to a Registration . — The right to a registration belongs to the
maker or designer, his heirs, or assigns. When two (2) or more persons have jointly
made a utility model or industrial design, the right shall belong to them jointly.
RULE 404. Who may be Named in an Application as an Applicant . — The
application may be filed by the actual maker(s) or designer(s) or in the name of his
heirs, legal representative or assigns.IP/N/1/PHL/I/7
Page 18
RULE 405. Utility Models and Industrial Designs Created Pursuant to a
Commission . — 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
registration shall belong to:
(a) The employee, if the activity is not a part of his regular duties
even if the employee uses the time, facilities and materials ofthe employer.
(b) The employer, if the utility model or industrial design is the
result of the performance of his regularly-assigned duties,
unless there is an agreement, express or implied, to the
contrary.
RULE 406. Multiple Priorities . — An application can claim more than one
priority even from different countries. If more than one patent priority is claimed, time
limits computed from the priority date will be based upon the earliest priority date.
RULE 406.1. If one or more priorities are claimed, the right of priority
shall cover only those elements of the application which are included in the
application or applications whose priority is claimed.
RULE 406.2. If certain elements of the utility model or industrial design
for which priority is claimed do not appear among the claims formulated in theprevious application, priority may nonetheless be granted, provided that the previous
application as a whole specifically disclose such elements.
RULE 406.3. Where an application could have claimed the priority of an
earlier application, but when filed, did not contain such priority, the applicant shall be
given 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 declaration of the applicant stating that the delay in submitting the
priority claim was unintentional.
RULE 407. Certified Copy of the Foreign Applications . — The certified copy
of foreign 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 reproduction thereof by the
Industrial Property Office which received it or any other office which has official
custody of the foreign application(s).IP/N/1/PHL/I/7
Page 19
CHAPTER 3
The Application
RULE 408 (a). All papers for an application for a utility model and
industrial design registration which are to become part of the permanent records of theOffice must be the original copy only, and legibly written, typewritten, or printed in
permanent ink only on one side of the sheet. If necessary, only graphic symbols and
characters and chemical or mathematical formulas may be written by hand or drawn.
The typing shall be 1½ spaced. All text matter shall be in characters, the capital letters
of which are not less than 0.21 cm. high, and shall be in dark, indelible color. 
[As
amended  Office Order No. 09(2000)]
(b) The documents making up the application shall be on a 29.7 cm x 21 cm
paper or the size of an A4 paper which shall be pliable, strong, white, smooth, matt
and durable.
(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 description may contain tables. The claims may contain tables only if
their subject matter makes the use of tables desirable. Tables and chemical ormathematical formula may be placed sideways on the sheet if they cannot be
presented satisfactorily in an upright position thereon; sheets on which tables or
chemicals or mathematical formulas are presented sideways shall be so presented that
the tops of the tables or formula are at the left side of the sheet.
(e) Physical values shall be expressed in the units recognized in
international practice, wherever appropriate in terms of the metric system usingsystem international (SI) units. Any data not meeting this requirement must also be
expressed in the units recognized in international practice. For mathematical formula,
the symbols in general use shall be employed. For chemical formula the symbols,
atomic weights and molecular formula in general use shall be employed. In general,
use should be made of the technical terms, signs and symbols 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, claims, drawings and abstract of the disclosure) shallcommence on a separate sheet. The separate sheets shall be filed in such a way thatIP/N/1/PHL/I/7
Page 20
they can easily be turned over, and joined together again. [As amended  Office Order No.
09(2000)]
(h) Margins
The margins of the documents shall be within the following ranges:
Top 2 cm. 4 cm.
Leftside 2.5 cm. 4 cm.
Rightside 2. cm. 3 cm.Bottom 2 cm. 3 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 Arabic numeral. The page numbers shall appear in the centralportions of either the top or bottom margins.
(i) The documents making up the application except the request for grant
shall be filed in four (4) copies.
Rule 408 (j). Paragraphs (d), (e) and (f) of this Rule shall only be applicable to
utility model applications. 
[As amended  Office Order No. 09(2000)]
RULE 409. Prohibited Matter . — (a) The application shall not contain:
(i) a statement or other matter contrary to "public order" or
morality;
(ii) statement disparaging the products or processes of any
particular person other than the applicant, or the merits or
validity of applications or patents of any such person. Merecomparison with the prior art shall not be considered
disparaging per se; 
[As amended  Office Order No. 09(2000)]
(iii) any statement or other matter obviously irrelevant or
unnecessary under the circumstances.
(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
and number of words or drawing omitted.
RULE 410. Information Concerning Corresponding Foreign Application . —
The applicant shall, at the request of the Director, furnish him with the date and
number of any application filed by him abroad, hereafter referred to as the "foreignIP/N/1/PHL/I/7
Page 21
application", relating to the same or essentially the same utility model or industrial
design as that claimed in the application filed with the Office and other documents
relating to the foreign application.
RULE 411. Other Documents Relating to the Foreign Application may Consist
of the Following:
(a) A copy of the search reports in English on the corresponding or
related foreign application prepared by the European, Japanese
or United States Patent Offices, searching 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; and
(e) Other documents which could facilitate registration.
RULE 412. Non-Compliance . — The application is considered withdrawn if
the applicant fails to comply with the requirement to furnish information concerning
the corresponding foreign application within the specified period.
CHAPTER 4
Drawings
RULE 413. General Requisites for the Drawing . — The drawing must be
signed by the applicant or the name of the applicant may be signed on the drawing 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 consecutivelynumbered.
RULE 414. Drawing for an Improvement . — When the utility model consists
of an improvement of an old machine, the drawing must exhibit, in one or more views,
the utility model itself, isolated from the old structure, and also, in another view, somuch only the old structure as will suffice to show the relation of the utility model
therewith.
RULE 415. Uniform Standard of Excellence Suited to Photolithographic
Process, Required of Drawings . — Unless and until otherwise notified, the printing of
the drawings in the IPO Gazette is done by the photolithographic process, andIP/N/1/PHL/I/7
Page 22
therefore the character of each original drawing must be brought 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 public. The following rules will therefore be strictly enforced, and any
departure from them will be certain to cause delay in the registration of an application.
RULE 416. Paper and Ink . — Drawings must be made upon paper that is
flexible, strong, white, smooth, non-shiny and durable. Two ply or three ply 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 preferred for pen drawings to secure perfectly black solid lines. The use of
white pigments to cover lines is not permissible.
RULE 417. 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 follows: top 2.5 cm; left side 2.5 cm;
right side 1.5 cm; bottom 1 cm. Within this imaginary margin all work and signatures
must be included. One of the shorter sides of the sheet is regarded as its top, and,
measuring downwardly from the imaginary line, a space of not less than 3 cm is to beleft blank for the heading of title, name, number, and date.
RULE 418. Character and Color Lines . — All drawings must be made with
the pen or by a photolithographic process which will give them satisfactory
reproduction characteristics. Every line and letter (signatures included) must be
absolutely black. This direction applies to all lines, however fine, to shading and to
lines representing cut surfaces in sectional views. All lines must be clean, sharp, andsolid, and they must not be too fine or crowded. Surface shading, when used, should
be open. Sectional shading should be made by oblique parallel lines, which may be
about 0.3 cm apart. Solid black should not be used for sectional or surface shading.
Freehand work should be avoided whenever possible.
RULE 419. 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 the work after reduction
will be much increased. Shading (except on sectional views) should be used sparingly,
and may even be dispensed with if the drawing be otherwise well executed. The plane
upon which a sectional view is taken should be indicated on the general view by a
broken or dotted line, which should be designated by numerals corresponding to the
number 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. Thelight is always supposed to come from the upper left hand corner of an angle of 45
degrees.IP/N/1/PHL/I/7
Page 23
RULE 420. Scale to which Drawing is Made to be Large Enough . — The scale
to which a drawing is made ought to be large enough to show the mechanism 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 must never be more than what is
absolutely necessary.
RULE 421. 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 32 millimeters in height, so that they may
bear reduction to 10.6 millimeters; and they may be much larger when there is
sufficient room. They must be so placed in the close and complex parts of drawings as
not to interfere 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 connectedby lines with the parts to which they refer. They should not be placed upon shaded
surfaces, but when it is difficult 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 the
work. If the same part of utility model or industrial design appears in more than one
view of the drawing, it must always be represented by the same character, and thesame character must never be used to designate different parts.
RULE 422. Signature, where to be Placed . — The signature of the applicant
should be placed at the lower right-hand corner within the imaginary margins of each
sheet, but in no instance should they trespass upon the drawings.
RULES 423. Title of the Drawing . — The title should be written with pencil on
the back of the sheet. The permanent name and title constituting the heading will be
applied subsequently by the Bureau of Patents in uniform style.
RULE 424. Position on Drawing Sheets of Large Views . — All views on the
same 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 proper illustration of the utility model or industrialdesign, the sheet may be turned on its side. The space for heading must then be
reserved at the right and the signatures placed at the left, occupying the same space
and position as in the upright views and being horizontal when the sheet is held in an
upright position. One figure must not be placed upon another or within the outline of
another.
RULE 425. Flow Sheets and Diagrams . — Flow Sheets and diagrams are
considered drawings.
RULE 426. Requisites for the Figure of the IPO Gazette . — As a rule, only one
view of each utility model or industrial design can be shown in the IPO GazetteIP/N/1/PHL/I/7
Page 24
illustrations. The selection of that portion of a drawing best calculated to explain the
nature of the utility model or industrial design or its specific improvement would be
facilitated and the final result improved by judicious execution of a figure with
express reference to the IPO Gazette, but which must at the same time serve as one of
the figures referred to the specification. For this purpose the figure may be a plan,
elevation, section, or perspective view, according to the judgment of the draftsman.
All its parts should be especially open and distinct, with very little or no shading, andit must illustrate only the utility model or industrial design claimed, to the exclusion of
all other details. When well executed, it will be used without curtailment or change,
but any excessive fineness or crowding or unnecessary elaborateness of detail will
necessitate its exclusion from the IPO Gazette.
RULE 427. Reference Signs . — Reference signs not mentioned in the
description and claims shall not appear in the drawings and vice versa. The samefeatures, when denoted by reference signs, shall throughout the application, be
denoted by the same signs.
RULE 428. Photographs . — (a) Photographs are not normally considered to be
proper drawings. Photographs are acceptable for obtaining a filing date and generallyconsidered to be informal drawings. Photographs are only acceptable where they come
within the special categories as set forth in the paragraph below. Photolithographs of
photographs are never acceptable.
(b) The Office is willing to accept black and white photographs or
photomicrographs (not photolithographs or other reproduction of photographs made
by using screens) printed on sensitized paper in lieu of India ink drawings, to illustratethe inventions which are incapable of being accurately or adequately depicted by India
ink drawings restricted to the following categories: crystalline structures, metallurgical
microstructures, textile fabrics, grain structures 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 concerning such drawings.
(c) Such photographs to be acceptable must be made on photographic paper
having the following characteristics which are generally recognized in the
photographic trade: paper with a surface described as smooth, tint, white, or be
photographs mounted on a proper sized Bristol board.
RULE 429. Matters not Permitted to Appear on the Drawings . — An agent's
or attorney's stamp, or advertisement or written address shall not be permitted on thedrawings.IP/N/1/PHL/I/7
Page 25
RULE 430. Drawings not Conforming to Foregoing Rules to be Accepted
Only Conditionally . — A drawing not executed in conformity to the foregoing rules
may be admitted 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 application shall be deemed withdrawn.
Applicants are advised to employ competent draftsman to make their drawings.
CHAPTER 5
Representation, Signatures
RULE 431. Employment of Attorney-at-Law or Agent Recommended . — An
applicant or an assignee of the entire interest may prosecute his own case, but he isadvised, unless familiar with such matters, to employ a competent attorney-at-law or
agent, as the value of patents depends largely upon the skillful preparation of the
specification and claims. The Office cannot aid in the selection of an attorney-at-law
or agent.
RULE 432. Appointment of Resident Agent or Representative . — An applicant
who is 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 associateattorney may be appointed by an attorney only upon the written authorization of his
principal; but a third attorney appointed by the second will not be recognized.
RULE 433. Revocation of Power of Attorney . — A power of attorney or
authorization may be revoked upon proper notification to the Director General, and,
when revoked, the Office will notify the attorney or agent of such revocation and shall
communicate with the latest attorney or agent appointed. 
[As amended  Office Order No.
09(2000)]
RULE 434. Decorum and Courtesy Required in the Conduct of Business . —
Applicants, their attorneys or agents are required to conduct their business with the
Office with politeness, decorum, and courtesy. Applicants who act or persist in actingin violation of this rule, shall be required to be represented by attorney, and papers
presented containing matter in violation of this Rule will be submitted to the Director
General and returned to the sender, by his direct order.IP/N/1/PHL/I/7
Page 26
CHAPTER 6
Who may Request for a Registration
RULE 435. Who may Request for a Registration . — Any person, natural or
juridical, may request for a registration. If the applicant is not the maker/designer, the
Office may require him to submit proof of his authority to apply for a registration.
RULE 436. When the Applicant Dies, Becomes Insane . — In case the applicant
dies, becomes insane or incapacitated, the legally appointed administrator, executor,
guardian, conservator, or representative of the applicant, may sign the application
papers and other documents, and apply for and obtain the certification of registration
in the name of the applicant, his heirs or assignee.
RULE 437. Assigned Applications . — In case the whole interest in the utility
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 the assignee is a juridical
person, any officer thereof may sign the application in behalf of the said person. In
case of an aliquot portion or undivided interest, any of the joint owners will sign theapplication.
RULE 438. Juridical Person — Definition . — A juridical person is a body of
persons, a corporation, a partnership, or other legal entity that is recognized by law
which grants a juridical personality separate and distinct from that of a share holder,
partner or member.
RULE 439. Proof of Authority . — If the person who signs the application in
behalf of a juridical person is an officer of the corporation, no proof of authority to file
the said application will be required. However, 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 application.
If the applicant appoints a representative to prosecute and sign the application,
the Office shall require proof of such authority.
RULE 440. Forms of Signatures . — Where a signature is required, the Office
may accept:
(a) A hand-written signature; or
(b) The use of other forms of signature, such as a printed or
stamped signature, or the use of a seal, or thumb marks, insteadof a hand-written signature. Provided, That where a seal or a
thumbmark is used, it should be accompanied by an indication
in letters of the name of the signatory.IP/N/1/PHL/I/7
Page 27
No attestation, notarization, legalization or other certification of any signature
or other means of self-identification referred to in the preceding paragraphs, will be
required, except, where the signature concerns the surrender of a Certificate of
Registration.
CHAPTER 7
Classification and Search
RULE 441. Classification and Search . — An application for utility model or an
industrial design shall be classified and a search conducted to determine the prior art.
[As amended  Office Order No. 09(2000)]
RULE 442. Content of the Search Report . — The Search Report is drawn up on
the basis of the claims, description, and the drawings if there is any:
(a) The search report shall mention those documents, available at
the Office at the time of drawing up the report, which may betaken into consideration in assessing novelty.
(b) The search report shall contain the classification of the subject
matter of the application in accordance with the International
Classification.
(c) The search report may include documents cited in a search
established in the corresponding foreign application.
Upon payment of the required fees, the Office shall provide a copy of the
Search Report with respect to any published utility model and industrial design within
a maximum period of two (2) months from receipt of the request. 
[As amended  Office
Order No. 09(2000)]
RULE 443. Confidentiality Before Publication . — A registration, which has
not yet been published, and all related documents shall not be made available for
inspection without the consent of the registrant.
RULE 444. Unpublished, Withdrawn and Forfeited Applications not Cited . —
Unpublished, withdrawn and forfeited applications as such will not be cited asreferences.IP/N/1/PHL/I/7
Page 28
CHAPTER 8
Amendments; Withdrawal by the Applicant
RULE 445. Amendment by the Applicant . — An applicant may amend the
application prior to registration: Provided, That such amendment shall not include new
matter outside the scope of the disclosure contained in the application as filed.
RULE 446. Amendment and Revision Required . — The description, claim(s)
and drawing(s) must be amended and revised when required, to correct inaccuracies of
disclosure and definition or unnecessary prolixity, and to secure correspondence
between the claim(s), the description and the drawing(s).
RULE 447. Manner of Making Amendments . — Erasures, additions, insertions,
or alterations of the papers and records must not be made by the applicant.
Amendments by the applicant are made by filing a paper in accordance with these
Regulations, directing or requesting that specified amendments be made. The exact
word or words to be stricken out or inserted in the application must be specified and
the precise point indicated where the deletion or insertion is to be made. The basis ofthe proposed amendments in the original application as filed shall be indicated.
RULE 448. Entry and Consideration of Amendments . — (a) 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 indicated by reference.
RULE 449. Amendments to the Drawing . — The paper requesting amendments
to the drawing should be separate from other papers. The drawing may not be
withdrawn from the Office except for signature. Substitute drawings will not
ordinarily be admitted in any case unless required by the Office.
RULE 450. Substitute Specification . — If the number or nature of the
amendments shall render it difficult to arrange the papers for printing or copying, the
Examiner may require the entire description or claim(s), or any part thereof, to be
rewritten. A substitute specifications will ordinarily not be accepted unless it has been
required by the Examiner. A substitute specifications may be required within two (2)
months from registration prior to publication of the registration in the IPO Gazette.
RULE 451. 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.IP/N/1/PHL/I/7
Page 29
CHAPTER 9
Time for Response by Applicant; Withdrawal of Application
for Failure to Respond Within Time Limit
RULE 452. Withdrawal of Application for Failure to Respond to the Formality
Examination Report and the Notice of Issuance and Publication Fees Within thePrescribed Time Limit.  —
(a) If an applicant fails to prosecute his application within the
required time as provided in these Regulations, the application
shall be deemed withdrawn.
(b) The time for reply may be extended only for good and
sufficient cause, and for reasonable time specified. Any request
for such extension must be filed on or before the day on whichaction by the applicant is due. The Examiner may grant a
maximum of two (2) extensions, provided that the aggregate
period granted inclusive of the initial period allowed to file the
response, shall not exceed six (6) months from mailing date of
the official action requiring such response.
(c) Prosecution of an application to save it from being deemed
withdrawn must include such complete and proper action as the
condition of the case may require. Any amendment not
responsive to the last official action shall not operate to save the
application from being deemed withdrawn.
(d) When the action by the applicant is a bona fide attempt to
advance the case to final action, and is substantially a completeresponse to the Examiner's action, but consideration of some
matter or compliance with some requirements has been
inadvertently omitted, opportunity to explain and supply the
omission may be given before the question of withdrawal is
considered.
(e) Prompt ratification or filing of a correctly signed copy may be
accepted in case of an unsigned or improperly signed paper.
RULE 453. Revival of Application . — An application deemed withdrawn for
failure to prosecute may be revived as a pending application within a period of four
(4) months from the mailing date of the notice of withdrawal if it is shown to the
satisfaction of the Director that the failure was due to fraud, accident, mistake or
excusable negligence.IP/N/1/PHL/I/7
Page 30
A petition to revive an application deemed withdrawn must be accompanied by
(1) a showing of the cause of the failure to prosecute, (2) a complete proposed
response, and (3) the required fee.
An application not revived in accordance with this rule shall be deemed
forfeited. [As amended  Office Order No. 09(2000)]
PART 5
The Certificate of Registration
RULE 500. Contents of Certificate of Registration . — The Certificate of
Registration shall be issued in the name of the Republic of the Philippines under the
seal of the Office and shall be signed by the Director, and registered together with thedescription, claims, and drawings, if any, in books and records of the Office.
RULE 501. Any interested party may inspect the complete description, claims
and drawings on file with the Office.
PART 6
Other Proceedings Affecting the Application or the Registration
CHAPTER 1
Assignment
RULE 600. Form of Assignment . — To be acceptable for recording, the
assignment:
(a) must be in writing and if in a language other than English or
Filipino, the document must be accompanied by an English
translation;
(b) must be acknowledged before a notary public or other officer
authorized to administer oaths and perform other notarial acts,
and be certified under the hand and official seal of the said
notary or other officer;
(c) must be accompanied by an appointment of a resident agent, if
the assignee is not domiciled in the Philippines;
(d) must identify the registration involved by number and date,
giving the name of the registrant and the title of the utilitymodel or industrial design as set forth in the certificate; in the
case of an application for registration, the application numberIP/N/1/PHL/I/7
Page 31
and filing date of the application should be stated, giving also
the name of the applicant, and the title of the utility model or
industrial design, set forth in the application, but if an
assignment is executed concurrently with or subsequent to the
execution of the application but before the application is filed, it
should adequately identify the application, by its date of
execution and name of the applicant, and the title of the utilitymodel or industrial design; so that there can be no mistake as to
the utility model or industrial design or application intended;
and
(e) must be accompanied by the required recording and publication
fees.
RULE 601. Form of Other Instrument Affecting the Title to a Registration or
Application, Including Licenses . — In order to be acceptable for recording, the form
of such other instrument, including licenses, must conform with the requirements of
the preceding rule.
RULE 602. Assignment and Other Instruments to be Submitted in Duplicate .
— The original document of assignment, together with a signed duplicate thereof,shall be submitted; but if the original is not available, two certified copies thereof may
be submitted instead. After recording, the Office shall retain the signed duplicate or
one of the certified copies, as the case may be, and return the original or the other
certified copy to the party filing the assignment, with a notation of the fact of
recording.
RULE 603. Date of Receipt of Assignment or Other Instrument or License
Considered its Date of Recording . — The date of recording of an assignment or other
instruments is the date of its receipt at the Office in proper form and accompanied by
the full recording fee.
Rule 604. Certificates may be Issued to the Assignee in Place of the Applicant .
— In the case of the assignment of a pending application for registration, the
certificate may be issued to the assignee of the applicant, provided the assignment hasbeen recorded in the Office before the actual issue of the certificate.
RULE 605. Action may be Taken by Assignee of Record in any Proceeding in
the Office . — Any action in any proceeding in the Office which may or must be taken
by a patentee or applicant may be taken by the assignee, provided the assignment has
been recorded.IP/N/1/PHL/I/7
Page 32
CHAPTER 2
Surrender, Correction and Amendment of Certificate
RULE 606. Surrender of Certificate . — (a) The owner of the registration, with
the written and verified consent of all persons having grants or licenses or other right,
title or interest in and to the registration and the utility model or industrial designcovered thereby, which have been recorded in the Office, may surrender his
registration, any claim or claims forming part thereof to the Office for cancellation.
The petition for cancellation shall be in writing, duly verified by the petitioner and if
executed abroad shall be authenticated.
(b) Any person may give notice to the Office of his opposition to the
surrender of a registration, and if he does so, the Bureau shall notify the proprietor ofthe registration and determine the question.
(c) If the Office is satisfied that the registration may properly be
surrendered, it may accept the offer and, as from the day when notice of his
acceptance is published in the IPO Gazette, the registration shall cease to have effect,but no action for infringement shall lie and no right compensation shall accrue for any
use of the registered utility model or industrial design before that day for the services
of the government.
RULE 607. Correction of Mistakes of the Office . — Upon written petition, in
duplicate, of the patentee or assignee of record, and upon tender to the Office of the
copy of the registration issued to the patentee, the Director shall have the power tocorrect without fee any mistake in a registration incurred through the fault of the
Office when clearly disclosed by the records thereof, to make the registration conform
to the records.
RULE 608. Correction of Mistake in the Application . — On request of any
interested person and payment of the prescribed fee, the Director is authorized to
correct any mistake in the registration of a formal and clerical nature, not incurredthrough the fault of the Office.
RULE 609. Changes in Registration . — The owner of the registration shall
have the right to request the Bureau to make changes in the Certificate in order to:
(a) Limit the extent of the protection conferred by it;
(b) Correct obvious mistakes or to correct clerical errors; and
(c) Correct mistakes or errors, other than those referred to in letter
(b), made in good faith; Provided, That were the change would
result in broadening of the extent of the protection conferred byIP/N/1/PHL/I/7
Page 33
the registration, no request may be made after the expiration of
two (2) years from the grant of a registration and the change
shall not affect the rights of any third party which has relied on
the registration, as published.
RULE 610. Form and Publication of Amendment or Corrections . — An
amendment or correction of a registration shall be accomplished by a certificate ofsuch amendment or correction, authenticated by the seal of the Office and signed by
the Director, which certificate shall be attached to the registration. Notice of such
amendment or correction shall be published in the IPO Gazette and copies of the
registration furnished by the Office shall include a copy of the certificate of the
amendment or correction.
CHAPTER 3
Recordal; Transmission of Rights
RULE 611. Transmission of Rights . — Registration and applications for utility
models and industrial designs shall be protected in the same way as the rights of otherproperty under the Civil Code. Utility models and industrial designs and any right,
title or interest in and to registration and utility models and industrial designs covered
thereby may be assigned, or transmitted by inheritance or bequest or may be the
subject of a license contract.
RULE 612. Assignment . — An assignment may be of the entire right, title or
interest in and to the registration and application for utility models and industrialdesigns covered thereby, or of an undivided share of the entire registration and utility
models and industrial designs in which event the parties become joint owners thereof.
An assignment may be limited to a specified territory.
RULE 613. Recording . — The Office shall record assignments, licenses and
other instruments relating to the transmission of any right, title or interest in and to
certificates of registration or application for utility models and industrial designs,which are presented in due form to the Office for registration, in books and records
kept for the purpose. The original document together with a signed duplicate thereof
shall be filed and the contents thereof should be kept confidential. If the original is not
available, certified copy thereof in duplicate may be filed. Upon recording, the Office
shall retain the duplicate, and return the original or the certified copy to the party who
filed the same and notice of the recording shall be published in the IPO Gazette.
Such instruments shall be void as against any subsequent purchaser or
mortgagee for a valuable consideration and without notice unless it is recorded in the
Office within three (3) months from the date thereof, or prior to the subsequent
purchase or mortgage.IP/N/1/PHL/I/7
Page 34
RULE 614. Rights of Joint Owners . — If two or more persons jointly own a
registration and the utility model or industrial design covered thereby either by the
issuance of the registration in their joint favor or by reason of the assignment of an
undivided share in the registration and utility model or industrial design or by reason
of the succession in title to such share, each joint owner shall be entitled to personally
make, use, sell or import the utility model or industrial design for his own profit:Provided, however, That neither of the joint owners shall be entitled to grant licenses
or to assign his right, title or interest or part thereof without the consent of the other
owner or owners, or without proportionately dividing the proceeds with the other
owner or owners.
CHAPTER 4
Request for Registrability Report
RULE 615. Who may Request for a Registrability Report . — Any person may,
upon payment of the required fee, request for a registrability report concerning
registered utility model or industrial design.
RULE 616. Contents of Registrability Report . — The registrability report
concerning a registered utility model or industrial design shall contain citations of
relevant prior art documents with appropriate indications as to their degree of
relevance which may serve as an aid to the requesting party in the determination of the
validity of the utility model claim(s) or the industrial design claim in respect to
newness.
Where a registrability report has been issued prior to registration, and published
after registration, of the utility model or industrial design in accordance with these
Regulations, the registrability report issued hereunder shall be limited to the published
registrability report; Provided, however, That the person requesting for the
registrability report of the registered utility model or industrial design may expressly
request that the registrability report include such other information or documents thatmay have arisen after the registration of the utility model or industrial design.
RULE 617. Time within which to Issue Report . — The registrability report
shall be given to the party requesting within two (2) months from receipt of the
request together with full payment of the required fee.IP/N/1/PHL/I/7
Page 35
PART 7
Petitions and Appeals
RULE 700. Petition to the Director to Question the Correctness of the Action
of an Examiner on Matters of Form . — Petition may be filed with the Director from
any repeated action or requirement of the Examiner on matters of form and in otherappropriate circumstances. Such petition, and any other petition which may be filed,
must contain a statement of the facts involved and the point or points to be reviewed.
Briefs or memoranda, if any, in support thereof should accompany or be embodied in
the petition. The Examiner, as the case may be, may be directed by the Director to
furnish a written statement setting forth the reasons for his decision upon the matter
averred in the petition, supplying a copy thereof to the petitioner.
RULE 701. Appeals to the Director . — Every applicant may, upon the final
refusal of the Examiner to register, appeal the matter to the Director.
RULE 702. Complaints Against Examiners to be on Separate Paper . —
Complaints against Examiners and other officers must be made in a communicationseparate from other papers, and will be promptly investigated.
RULE 703. Effect of a Final Decision of an Examiner which is not Appealed .
— A final decision of an Examiner which is not appealed to the Director within the
time permitted, or, if appealed, the appeal is not prosecuted, shall be considered as
final to all intents and purposes, and shall have the effect of res judicata in respect of
any subsequent action on the same subject matter.
RULE 704. Time and Manner of Appeal . — Any petition or appeal must be
taken by filing the petition in duplicate and payment of the required fee within two (2)
months from the mailing date of the action appealed from, must specify the various
grounds upon which the appeal is taken, and must be signed by the petitioner or
appellant or by his attorney of record. The petition shall include a brief of the
authorities and arguments on which he relies to maintain his appeal. A third copy ofthe petition shall be furnished the Examiner. On failure to file the brief within the time
allowed, the appeal shall stand dismissed.
RULE 705. The Examiner's Answer . — The Examiner shall furnish a written
statement in answer to the petition or appellant's brief, as the case may be, within two
(2) months from the order of the Director directing him to submit such statement.
Copy of such statement shall be served on the petitioner or appellant by the Examiner.IP/N/1/PHL/I/7
Page 36
RULE 706. Appellant's Reply . — In case of an appeal, the appellant may file a
reply brief directed only to such new points as may be raised in the Examiner's
answer, within one (1) month from the date copy of such answer is received by him.
RULE 707. Appeal to the Director General . — The decision or order of the
Director shall become final and executory fifteen (15) days after receipt of a copy
thereof by the appellant unless within the said period, a motion for reconsideration isfiled with the Director or an appeal to the Director General has been perfected by a
filing a notice of appeal and payment of the required fee.
Only one motion for reconsideration of the decision or order of the Director
shall be allowed.
RULE 708. Appellant's Brief Required . — The appellant shall, within one (1)
month from the date of filing of the notice of appeal, file a brief of the authorities and
arguments on which he relies to maintain his appeal. On failure to file the brief within
the time allowed, the appeal shall stand dismissed.
RULE 709. Director's Comment . — The Director shall submit within one (1)
month his comments on the appellant's brief if so required by the Director General.
RULE 710. Appeal to the Court of Appeals . — The decision of the Director
General shall be final and executory unless an appeal to the Court of Appeals is
perfected in accordance with the Rules of Court applicable to appeals from decisions
of Regional Trial Courts. No motion for reconsideration of the decision or order of the
Director General shall be allowed.
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 bebased 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.IP/N/1/PHL/I/7
Page 37
(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 industrialdesign, 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 allegedutility 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 Applicationcomes 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 theIP/N/1/PHL/I/7
Page 38
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 registrationswhich were filed on or before December 31, 1998 and being proceded with under 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 Rulesof 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 proceeded 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 orRule 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 for aIP/N/1/PHL/I/7
Page 39
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 IPCode 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 ofthese Regulations shall not be effected 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.
(Sgd.) EMMA C. FRANCISCO
Director GeneralIP/N/1/PHL/I/7
Page 40
May 12, 2000 June 1, 2000
OFFICE ORDER NO. 09
SUBJECT : Amendments to the Rules and Regulations on Utility
Models and Industrial Designs
Pursuant to the authority granted by the provisions of Section 7.1 and Section
8.1 of R. A. 8293, the Rules and Regulations on Utility Models and Industrial Designs
published on December 3, 1998 and took effect on December 18, 1998, are hereby
amended as follows:
SECTION 1. A new rule is hereby added to provide a title for each reference as
follows:
Rule 10. These Regulations shall be known as the "Utility Model
and Design Regulations".
SECTION 2. Rule 201 is hereby amended to read as follows:
"Rule 201. Statutory classes of Utility Models . — A utility model may
be, or may relate to:
(a) a useful machine;(b) an implement or tool;
(c) a product or composition;
(d) a method or process; or
(e) an improvement of any of the foregoing."
SECTION 3. Rule 203 is hereby amended to read as follows:
"Rule 203. Filing Date of Utility Model Application . — The filing
date of a utility model application shall be the date on which the Officereceived the following requirements:
(a) A properly filled-out request form for registration as prescribed
by the Bureau;
(b) A description of the Utility Model;
(c) Claim or claims; and
(d) Drawings or a pictorial representation disclosing completely the
utility model, if there is/are any."IP/N/1/PHL/I/7
Page 41
Without need of any notice from the Office, the filing fee shall be paid within
one (1) month from the date the application was received by the Office. Otherwise, the
application shall be deemed forfeited.
SECTION 4. Rule 205 is hereby amended to read as follows:
"Rule 205. Registration of Utility Model . — A utility model
application shall be registered without substantive examination providedall fees such as filing, excess claims and publication fees are paid on
time, and all formal requirements set forth in these Regulations are
filed."
SECTION 5. Rule 206 is hereby amended to read as follows:
"Rule 206. Formality Examination of Utility Model Application . —
The utility model application shall be classified and examined as to the
completeness of the formal requirements prescribed in theseRegulations, and a report thereon shall be transmitted to the applicant."
The formality examination shall take into account the parts of these
Regulations on: (a) the right to a utility model registration, (b) who may
apply for a utility model registration, (c) filing date requirements, and
(d) other formality requirements."
SECTION 6. Rule 207 is hereby amended to read as follows:
"Rule 207. Applicant's action on the Formality Examination Report .
— Within two (2) months from the mailing date of the formality
examination report, the applicant may: (1) voluntarily withdraw the
application, (2) amend the application, (3) convert the application to an
application for an invention patent, or, (4) upon payment of the required
fee, request for a registrability report.
SECTION 7. Rule 207.2 is hereby amended to read as follows:
"Rule 207.2. Amended Applications . — The amended application shall
be classified and subjected to formality examination. Report thereon
shall be submitted to the applicant within two (2) months from receipt of
the amended application. Within two (2) months from the mailing date
of the formality examination report on the amended application, the
applicant may: (1) withdraw the application; (2) convert the same to anapplication for an invention patent; or (3) upon payment of the required
fee, request for a registrability report.IP/N/1/PHL/I/7
Page 42
SECTION 8. Rule 207.4 is hereby amended to read as follows:
"Rule 207.4 No action on the part of applicant where formal
requirements are complete . — Where the application meets all the
formal requirements for registrability and the Bureau fails to receive any
action from the applicant, the utility model shall be deemed registered
upon the expiration of two (2) months from the mailing date of the
formality examination report, provided the issuance, publication and allrequired fees have been fully paid."
SECTION 9. Rule 207.6 is hereby amended to read as follows:
"Rule 207.6. Registrability Report . — The report shall contain citations
of relevant prior art documents with appropriate indications as to their
degree of relevance which will serve as an aid to the applicant in the
determination of the validity of the utility model claim(s) in respect to
newness. The registrability report shall be given to the applicant withintwo (2) months from receipt of the request from the applicant."
SECTION 10. A new Rule 207.7 is hereby added as follows:
"Rule 207.7. Non-Payment of Issuance and Publication Fees . — Where
the application meets all the formal requirements for registrability and
the applicant fails to pay the issuance and publication fees within theprescribed period, the utility model application shall be deemed
withdrawn."
SECTION 11. A new Rule 207.8 is hereby added as follows:
"Rule 207.8 Final Action . — Where the applicant fails to file a
complete response to the formality examination report, any subsequent
formality examination report submitted to the applicant shall be a final
action which may be appealed to the Director of Patents in a mannerprovided for in these Regulations."
SECTION 12. Rule 208 is hereby amended to read as follows:
"Rule 208. Requirements for Applications for Utility Model . — An
application for Utility Model Registration and other correspondences
shall be in Filipino or English and must be addressed to the Director of
the Bureau of Patents.
The application shall contain the following:
(a) A duly accomplished request for registration as
prescribed by the Bureau,IP/N/1/PHL/I/7
Page 43
(b) Description containing the following:
1. title
2. technical field
3. background of the Utility Model
4. brief description of the several views of the
drawings, if any
5. detailed description
(c) Claim or claims
(d) Drawings, if any
(e) Abstract of the Disclosure
SECTION 13. Rule 208.1 is hereby amended to read as follows:
"Rule 208.1. Title. — The title should be as short and specific as
possible, and should appear as heading on the first page of the
specification. Fancy names are not permissible in the title."
SECTION 14. Rule 212 is hereby amended to read as follows:
"Rule 212. Term of registration of utility model . — A utility model
registration shall expire, without any possibility of renewal, at the end of
the seventh year after the date of filing of the application.
However, taking into account the first-to-file rule, the volume of the
pending applications as of the effectivity of the IP Code and the time
that has elapsed between the effectivity of the IP Code and the
effectivity of these Regulations:
(a) The registration of Utility Model applications pending at the
effective date of, and proceeded with in accordance with, the IP Code
shall expire, without possibility of renewal, at the end of seven (7) years
from effectivity of these Regulations;
(b) The registration of Utility Model applications filed after the
effectivity of the IP Code and pending upon the effectivity of these
regulations shall expire, without possibility of renewal, at the end of
seven (7) years from effectivity of these Regulations."IP/N/1/PHL/I/7
Page 44
SECTION 15. Rule 301 is hereby amended to read as follows:
"Rule 301. Requisites for Registrability of Industrial Design . — In
order to be registrable, an industrial design must be any new or original
creation relating to the ornamental features of shape, configuration,
form, or combination thereof, an article of manufacture, whether or not
associated with lines, patterns or colors, which imparts an aesthetic and
pleasing appearance of the article. The design which is embodied in anycomposition of lines, patterns or colors must be inseparable from the
article and cannot exist alone merely as a scheme of surface
ornamentation.
An article of manufacture is defined as anything which belongs to the
useful or practical art, or any part thereof, which can be made and sold
separately.
Industrial designs that are dictated essentially by technical or functional
considerations to obtain technical result or those that are contrary to
public order, health or morals, are not registrable."
SECTION 16. Rule 306 is hereby amended to read as follows:
"Rule 306. Registration of Industrial Design . — If the application
meets the requirements of the IP Code and these regulations, the Bureaushall effect the registration of the industrial design: Provided that all the
required fees are paid on time.”
SECTION 17. Rule 307 is hereby amended to read as follows:
"Rule 307. Formality Examination of Industrial Design Application .
— The industrial design application shall be classified and examined as
to the completeness of the formal requirements prescribed in these
Regulations and a report thereon shall be transmitted to the applicant.The formality examination shall take into account the parts of these
Regulations on: (a) the right to an industrial design registration, (b) who
may apply for an industrial design registration, (c) filing date
requirements and (d) other formality requirements."
SECTION 18. Rule 308 is hereby amended to read as follows:
"Rule 308. Applicant's action on the Formality Examination Report .
— Within two (2) months from the mailing date of the formalityexamination report, the applicant may: (1) voluntarily withdraw the
application, (2) amend the application, or, (3) upon payment of the
required fee, request for a registrability report."
SECTION 19. Rule 308.2 is hereby amended to read as follows:
"Rule 308.2. Amended Applications . — The amended application shall
be classified and subjected to formality examination. Report thereon
shall be submitted to the applicant within two (2) months from receipt ofIP/N/1/PHL/I/7
Page 45
the amended application. Within two (2) months from the mailing date
of the formality examination report on the amended application, the
applicant may: (1) withdraw the application, or, (2) upon payment of the
required fee, request for a registrability report."
SECTION 20. Rule 308.3 is hereby amended to read as follows:
"Rule 308.3. No action on the part of the applicant where the formal
requirements are complete . — Where the application meets all the
formal requirements for registrability and the Bureau fails to receive any
action from the applicant, the industrial design shall be deemed
registered upon the expiration of two months from the mailing date of
the formality examination report provided the issuance, publication and
all the required fees have been fully paid.
SECTION 21. In Rule 308.5 is hereby amended to read as follows:
"Rule 308.5. Registrability Report . — This report shall contain citations
of relevant prior art documents with appropriate indications as to their
degree of relevance which will serve as an aid to the parties concerned
in the determination of the validity of the industrial design claim in
respect to newness. The registrability report shall be given to the
applicant within two (2) months from receipt of the request from theapplicant."
SECTION 22. A new Rule 308.6 is hereby added as follows:
"Rule 308.6. Non-Payment of Issuance and Publication Fees . — Where
the application meets all the formal requirements for registrability and
the applicant fails to pay the issuance and publication fees within the
prescribed period, the industrial design application shall be deemed
withdrawn."
SECTION 23. A new Rule 308.7 is hereby added as follows:
"Rule 308.7 Final Action . — Where the applicant fails to file a
complete response to the formality examination report, any subsequent
formality examination report submitted to the applicant shall be a final
action which may be appealed to the Director in a manner provided for
in these Regulations."
SECTION 24. Rule 310 is hereby amended to read as follows:
"Rule 310. Fees . — An application for an industrial design shall be
subject to the payment of the filing fee. The application shall be deemed
forfeited if the filing fee is not paid within one (1) month from the date
the application was received by the Office."
SECTION 25. Rule 317 is hereby amended to read as follows:
"Rule 317. Cancellation of Design Registration . — At any time
during the term of the industrial design registration, any person uponIP/N/1/PHL/I/7
Page 46
payment of the required fee, may petition the Director of Legal Affairs
of the Office to cancel the industrial design on any of the following
grounds:
(a) If the subject matter of the industrial design is not
registrable within the terms of Sections 112 and 113 of the
IP Code;
(b) If the subject matter is not new; or
(c) If the subject matter of the industrial design extends beyond
the contents of the application as originally filed."
SECTION 26. Rule 402 is hereby amended to read as follows:
"Rule 402. Non-Prejudicial Disclosure . — The disclosure of
information contained in the industrial design application during the six
(6) months preceding the filing date or the priority date of the
application or during the twelve months preceding the filing date or
priority date in the case of utility model application shall not prejudicethe applicant on the ground of lack of novelty if such disclosure was
made by:
   (a) The Maker/Designer;
(b) A patent office and the information was contained (i) in
another application filed by the maker/designer and should
have not been disclosed by the patent office, or (ii) in an
application filed without the knowledge or consent of thedesigner by a third party which obtained the information
directly or indirectly from the maker/designer; or
    (c) A third party which obtained the information directly
        or indirectly from the maker/designer .
   For the purposes of this Rule "designer" also means any person
who, at the filing date of application, had the right to the industrialdesign."
SECTION 27. Rule 408(a) is hereby amended to read as follows:
"Rule 408(a). All papers for an application for a utility model and
industrial design registration 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 side of the sheet. If
necessary, only graphic symbols and characters and chemical or
mathematical formulas may be written by hand or drawn. The typing-IP/N/1/PHL/I/7
Page 47
shall be 1½ spaced. All text matter shall be in characters, the capital
letters of which are not less than 0.21 cm. high, and shall be in dark,
indelible color."
SECTION 28. Rule 408(g) is hereby amended to read as follows:
"Rule 408(g).Each of the documents making up the application (request
for registration, description, claims, drawings and abstract of the
disclosure) shall commence on a separate sheet. The separate sheetsshall be filed in such a way that they can easily be turned over, and
joined together again."
SECTION 29. A new Rule 408(j) is hereby added as follows:
"Rule 408(j). Paragraphs (d), (e) and (f) of this Rule shall only be
applicable to utility model applications."
SECTION 30. Rule 409(a)(ii) is hereby amended to read as follows:
"Rule 409(a)(ii) statement disparaging the products or processes of anyparticular person other than the applicant, or the merits or validity of
applications or patents of any such person. Mere comparison with the
prior art shall not be considered disparaging per se;"
SECTION 31. Rule 433 is hereby amended to read as follows:
"Rule 433. Revocation of Power of Attorney . — A power of attorney
or authorization may be revoked upon proper notification to the Director
General, and, when revoked, the Office will notify the attorney or agent
of such revocation and shall communicate with the latest attorney or
agent appointed."
SECTION 32. Rule 441 is hereby amended to read as follows:
"Rule 441. Classification and Search.  — An application for utility
model or an industrial design shall be classified and a search conductedto determine the prior art."
SECTION 33. Rule 442 is hereby amended to read as follows:
"Rule 442. Content of the Search Report. — The Search Report is
drawn on the basis of the claims, description, and the drawings if there
is any:
(a) The search report shall mention those documents,
available at the Office at the time of drawing up the report,which may be taken into consideration in assessing
novelty.
(b) The search report shall contain the classification of the
subject matter of the application in accordance with the
International Classification.IP/N/1/PHL/I/7
Page 48
(c) The search report may include documents cited in a search
established in the corresponding foreign application.
   Upon payment of the required fees, the Office shall provide a
copy of the Search Report with respect to any published utility model
and industrial design within a maximum period of two (2) months from
receipt of the request."
SECTION 34. A new Chapter 9 in Part 4 is hereby added as follows:
CHAPTER 9
TIME FOR RESPONSE BY APPLICANT; WITHDRAWAL OF
APPLICATION FOR FAILURE TO RESPOND WITHIN TIME
LIMIT
Rule 452. Withdrawal of application for failure to respond to the
formality examination report and the notice of issuance and publicationfees within the prescribed time limit.
(a) If an applicant fails to prosecute his application within the
required time as provided in these Regulations, the
application shall be deemed withdrawn.
(b) The time for reply may be extended only for good and
sufficient cause, and for a reasonable time specified. Any
request for such extension must be filed on or before the
day on which action by the applicant is due. The Examiner
may grant a maximum of two extensions, provided that the
aggregate period granted inclusive of the initial period
allowed to file the response, shall not exceed six (6)
months from mailing date of the official action requiringsuch response.
(c) Prosecution of an application to save it from being deemed
withdrawn must include such complete and proper action
as the condition of the case may require. Any amendment
not responsive to the last official action shall not operate
to save the application from being deemed withdrawn.
(d) When action by the applicant is a bona fide attempt to
advance the case to final action, and is substantially a
complete response to the Examiner's action, but
consideration of some matter or compliance with some
requirements has been inadvertently omitted, opportunityIP/N/1/PHL/I/7
Page 49
to explain and supply the omission may be given before
the question of withdrawal is considered.
(e) Prompt ratification or filing of a correctly signed copy
may be accepted in case of an unsigned or improperly
signed paper.
   Rule 453. Revival of application . — An application deemed
withdrawn for failure to prosecute may be revived as a pendingapplication within a period of four (4) months from the mailing date of
the notice of withdrawal if it is shown to the satisfaction of the Director
that the failure was due to fraud, accident, mistake or excusable
negligence.
   A petition to revive an application deemed withdrawn must be
accompanied by (1) a showing of the cause of the failure to prosecute,
(2) a complete proposed response, and (3) the required fee.
   An application not revived in accordance with this rule shall be
deemed forfeited."
SECTION 35. 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) certifiedcopy 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 36. This Office Order shall take effect on 01 June 2000.DONE this 12th day of May 2000 at Makati City, Philippines.
            Recommending Approval:                                    Approved:
            EPIFANIO M. EVASCO                  (Sgd.) EMMA C. FRANCISCO
                       Director                                                 Director General
                  Bureau of Patents
By:
(Sgd.) ROSELLA L. FERNANDEZ
Assistant Director
Officer-in-Charge
Bureau of Patents
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