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RA 165 CHAPTER III.—Application for Patent

Section 10–15 · 6 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.Read the official text ↗

Right to Patent.

Section 10

SEC. 10. Right to Patent.—The right to the patent belongs to the true and actual inventor, his heirs, legal representatives or assigns. If two or more persons have an invention jointly, the right to the patent belong to them jointly. If two or more persons have made the invention this patent shall belong to the person who is the first to file an application for such inventions, unless the contrary is shown.

Applications by non-residents.

Section 11

SEC. 11. Applications by non-residents.—Any person filing an application for patent who is not a resident of the Philippines must appoint an agent or representatives in the application for patent may be served. In the event of death, absence or inability of an agent or representative, a new agent or representatives must be appointed and notice thereof must be filed in the Office. Upon failure to maintain an agent or representative of record in this Office, service to the Director shall be deemed sufficient.

Who may apply for patent.

Section 12

SEC. 12. Who may apply for patent.—An application for patent may be filed only by the inventor, his heirs, legal representatives or assigns.

The application.

Section 13

SEC. 13. The application.—The application for patent shall be in English or Spanish, or in the national language with its corresponding English translation, and signed by the application, and shall include a statement giving the name, address, and citizenship or nationality of the applicant and of the inventor, if the applicant is not the inventor, and: (a) A specification; (b) Drawings, where the invention can be shown by drawing; (c) Power of attorney if the filing is through an attorney; (d) The assignment or a certified true copy of the assignment of the invention for recording; where the application is filed by one who derives his title from the inventor or proof of title if the derivation is not by assignment; (e) A sworn statement of an inventor of his inventorship; or such sworn statement may be made by his heirs or legal representatives in case of death or incapacity of the inventor; however; such sworn statement will not be required if a certified copy of a previously filed foreign application containing the same is filed; (f) The appointments of the resident agent or representatives in cases coming under section eleven hereof; and (g) The required fee.

The specification.

Section 14

SEC. 14. The specification.—The specification shall include: (a) The title of the invention; (b) A brief statement of its nature and purpose; (c) A brief explanation of the drawings, where there are drawings. (d) A complete and detailed description of the invention in such full, clear, concise and exact terms as to enable any person skilled in the heart of science to which the invention relates to make and practice the invention; and (e) A distinct and explicit claims or claims of the subject matter which the applicant claims new and seek to have patented.

Application previously filed abroad.

Section 15

SEC. 15. Application previously filed abroad.—An application for patent for an invention filed in this country by any person who has previously regularly filed an application for a patent for the same invention in a foreign country which, by treaty, convention, or law, affords similar privileges citizens of the Philippines shall have the same force and effect as the same applicant would have if filed in this country on the date on which the application for patent for the same invention was first filed in such foreign country: Provided, That the application in this country is filed within twelve months from the earliest date on which any such foreign application was filed, and a translation thereof to English, if not in English language, is filed within six months from the date of filing in the Philippines, unless the Director for good cause shown shall extend the time for filing such certified copy.

Back to RA 165 — full text

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).