Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.・Read the official text ↗
Appeal from action of Director.
SEC. 61. Appeal from action of Director.—The applicant for a patent or for the registration of a design, any party to a preceeding to cancel a patent or to obtain a compulsary license, and any party to any other proceeding in the Office may appeal to the Supreme Court from any final order or decision of the Director.
Stay.
SEC. 62. Stay.—A petition for review of any order or decision of the Director rejecting in whole or in part an application for a patent or registration of a design, shall not stay any order or decisions of the Director in respect of any other application then pending for a patent or design registration; but the Director shall proceed to act such other applicants without regard to such petition unless the Supreme Court shall otherwise direct.
How appeal is perfected.
SEC. 63. How appeal is perfected.—An appeal from an order or decision of the Director shall be perfected by filing with the director a notice of appeal and the payment of the required appeal fee and diling with the Supreme Court a petition for review, with thirty days from notice of the order or decision appealed from.
Contents and notice of petition.
SEC. 64. Contents and notice of petition.—The petition shall contain a summary statement of the issue involved and the reasons relied upon foe allowance of a review. Copies of the petition shall be served upon the Director and all other parties in interest.
Docketing fee and deposit for costs.
SEC. 65. Docketing fee and deposit for costs.—Upon filing the petition for review, the petitioner shall pay to the clerk of the Supreme Court the docketing fee and shall deposit the sum of one hundred pesos for costs.
Elevation of copy of record.
SEC. 66. Elevation of copy of record.—Upon filing the petition, notice thereof shall be served by the clerk of court of the Supreme Court upon the Director, who, within thirty days thereafter, shall certify and forward to the Supreme Court a copy of the record as the same appears in his office.
Answer of respondent.
SEC. 67. Answer of respondent.—Upon receipt of the record, the clerk of the Supreme Court shall serve notice upon the Director and all other parties in interest, requiring them to answer within ten days from service.Copies of such answer shall be served upon the petitioner.
Power of court.
SEC. 68. Power of court.—The Supreme Court may, on petition filed within five days after the filing of the answer, allow the parties to adduce additional evidence material to the matter at issue, which shall constitute a supplementary record to be considered in connection with the record on appeal.
Representation by Solicitor General.
SEC. 69. Representation by Solicitor General.—In all appeals from an order or decision of the Director the Solicitor General shall appear on behalf of the Director.
Briefs on appeal.
SEC. 70. Briefs on appeal.—Upon receipt of the answer to the petition or upon conclusion of the presentation of additional evidence, the clerk of the Supreme Court shall notify the parties, and the petitioner, within thirty days from such notice, shall file twenty copies of his brief upon the adverse parties and, within thirty days from such service, the adverse parties shall file twenty copies of their brief together with proof of service of five copies thereof upon the petitioner.
Inclusion in calendar.
SEC. 71. Inclusion in calendar.—Upon the filing of the respondent's brief, or after the expiration of the time for its filing, the case shall be included in the regular calendar, unless the court advances the hearing for special cause shown.
Oral argument, its duration.
SEC. 72. Oral argument, its duration.—Each party is entitled to one hour for oral argument, extendible in the discretion of the court.
Rules of Court applicable.
SEC. 73. Rules of Court applicable.—In all other matters not herein provided, the applicable provisions of the Rules of Court shall govern.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).