Laws for Registration of Utility models and Industrial Designs

1. Janine V. Samelo
Pauline Bianca R. Alfonso
*

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. *
*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. *
*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. *
*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. *
*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. *
*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. *
*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. *
*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. *
*Person who signs for judirical person must hold a
proof of authority
*Signatures can be hand-written, stamped, seal,
thumb marks

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. *
*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. *
*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. *
*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. *
*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. *
*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. *
*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. *
*Changes may be:
*Limit the extent of protection
*Clerical mistakes
*publication and amendment of registration
authenticated by a seal of the Office

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. *
*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. *
*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. *
*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. *
*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. *
*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

25. *