Irr utility models and industrial designs

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Laws for Registration of Utility models and Industrial Designs

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Irr utility models and industrial designs

  1. 1. Janine V. Samelo Pauline Bianca R. Alfonso *
  2. 2. * *General Pre-requisites for drawing ~Signed by the applicant/lawyer ~Show features of industrial design (ID) or Utility model (UM) ~Figures are numbered *Drawing for an improvement ~Show the old model and the new one ~show views of the differences
  3. 3. * *Printing of Drawing in the IPO gazette is done by photolithographic process *Paper- Bristol Board (2-3 ply) - flexible, strong, white, smooth, non-shiny, durable *Ink- India Ink for pen drawings *Size of drawing sheet- A4 paper (29.7x 21 cm) - imaginary border line -top: 2.5 cm -bottom: 1cm -left: 2.5 cm -right: 1.5 cm
  4. 4. * *Every line and letter must be BLACK *Freehand work should be avoided *Drawings must be made with fewest line possible *Shadings must be used *Light comes from upper left hand at 45 degree angle *Scale of the drawing is made to be large enough to show mechanism without crowding *Different views must be consecutively numbered *Letters and figures of reference must be labeled
  5. 5. * *Signature of applicant- lower right hand corner *Title of drawing- written in pencil the back of sheet *All views on the same sheet must stand in the same direction ( upright) *Flow sheets and diagrams are considered drawings *Only one view of each UM or ID can be shown n the IPO Gazette illustrations *Reference signs other than mentioned here shall not appear in the drawings
  6. 6. * *Photographs are not considered drawings *Acceptable in special categories *Photomicrographs (black and White) can be accepted *Crystalline structure *Metallurgical microstructures *Textile fabrics *Grain structures *Ornamental structures
  7. 7. * *Advertisements, written address are not allowed to be written on drawings *Drawings that have not conformed to the rules can be accepted only conditionally *Must be corrected/ furnished within 2 months
  8. 8. * *Recommended that attorney-at-law/agent must be assigned in prosecution purposes *Foreign applicants must appoint a resident agent or representative in the Philippines for judicial procedure *Power of attorney may e revoked by Director General *Applicants and agents must conduct business with politeness, decorum and courtesy
  9. 9. * *Anyone may request for registration *Proof of authority to apply for another person is needed *When applicant dies/ incapable or became insane- legally appointed guardian, conservator, administrator mat sign application letters may apply for the applicant or his heirs *Judirical person-body of persons, corporation, partnerships recognized by law can sign for the whole UM or for the divided interest
  10. 10. * *Person who signs for judirical person must hold a proof of authority *Signatures can be hand-written, stamped, seal, thumb marks
  11. 11. * *The application for UM or ID shall be classified and search shall be conducted to determine the prior art *The search report is submitted to the applicant together with formality examination report within 2 months *Search report-drawn up to the basis of claims, descriptions, drawings *A registration before being published shall e inspected without the consent of the registrant *Unpublished, withdrawn and forfeited applications are not cited as references
  12. 12. * *Applicant may amend the application prior to registration *-not include new matter outside the scope of disclosure *Description, claims and drawings must be amended and revised when required to correct inaccuracies to the claims *Erasures, additions, alterations must not be made by the applicant but, by filing a paper of amendment *Amendments are entered in the Office y making proposed deletions by drawing a line in RED ink thru words cancelled and insertion od proposed substitutions in RED INK
  13. 13. * *Amendment to the drawing should be separated from other papers *Substitute specification of amendment must be done 2 months of registration prior to publication of registration to IPO *Application can be withdrawn when written a declaration of withdrawal signed by the applicant or assignee of applicant
  14. 14. * *CR shall be issued in the name of the Republic of the Philippines under the seal of IPO signed by director together with description, claims and drawings *Any interested party may inspect the complete description, claims and drawings on file with the office
  15. 15. * *Form of assignment *Must be in English writing/ English translated *Acknowledge before a notary public *Accompanied by an appointment of a resident agent *identify the registration involved by number and date *name of registrant *Title of UM or ID *Must be accompanied by required recording and publication fee
  16. 16. * *The form of other instrument affecting the title to a registration must conform to the requirements *Original document and duplicate must be submitted *Date of recording of an assignment or other instrument is the date of its receipt at the Office *Certificates may be issued to the assignee in place of the applicant *Action may be taken by assignee of record in any proceedings in the Office
  17. 17. * *Person may surrender a certificate in written form with the consent of all persons having grants or other right *Any person can give opposition to the surrender of certificate *Director can correct the without fee any mistake in registration through the fault of Office to conform to the records *Director can correct mistakes in the registration upon request and fees
  18. 18. * *Changes may be: *Limit the extent of protection *Clerical mistakes *publication and amendment of registration authenticated by a seal of the Office
  19. 19. * *Rights in UM and ID can be transmitted by inheritance and bequest or licence contract *Assignment can be entire right, title or interest *The office shall record assignments licences and other instruments relating to transmission of rights, title or interest *Joint owners can transfer or rights to others provided that there is a consent of other owner of undivided share
  20. 20. * *Any person can request registrability report of UM and ID *Registrability report must contain citations of relevant prior art documents *Registrability report shall be given within two months from receipt date of full payment of required fees
  21. 21. * *Director may petition the correctness of Examiner on matters form *Every applicant may appeal to the director the refusal of the examiner to register *Complaints on examiner must be on separate paper *Final decision of Examiner not appealed within time required shall take effect *Any petition must be taken by filing petition and fee within 2 months from mailing date
  22. 22. * *Examiner may answer the petition of appellant’s brief within 2 months upon order of Director *Appellants reply to Examiners answer may be raised 1 month *Decision of Director general shall be final and executory within (15) days *Director must submit comments to the appeal within 1 month *Decision of the Director General shall be final unless brought to Court of Appeals
  23. 23. * *All business in the Office shall be transacted in writing *Personal attendance of applicants are unnecessary *All office letters with respect to matters within in the jurisdiction of the Bureau must be sent in the name of the director *In every case, separate papers must be written *Letter relating to application shall state the name of the applicant, title of UM or ID, application number and filing date
  24. 24. * *Letters relating to registered UM or ID shall state the name of the patentee, title of Um or ID, registration number and date of issuance *Office cannot respond to inquiries as to the newness of an alleged UM or ID desired to be patented *Fees and charges to be paid *Formality report and search report shall be issued by the chiefs of the Mechanical and Electrical Examining and the Chemical Examining Divisions *All rules and regulations, memorandum circulars can be repealed
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