AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES

• Number: Republic Act No. 8293
• Sections: 251

Preamble

PART I

THE INTELLECTUAL PROPERTY OFFICE

VOLUNTARY LICENSING

COMPULSORY LICENSING

ASSIGNMENT AND TRANSMISSION OF RIGHTS

REGISTRATION OF UTILITY MODELS

INDUSTRIAL DESIGN

119.2. If the essential elements of an industrial design which is the subject of an application have been obtained from the creation of another person without his consent, protection under this Chapter cannot be invoked against the injured party. (n)

PRELIMINARY PROVISIONS

ORIGINAL WORKS

DERIVATIVE WORKS

WORKS NOT PROTECTED

COPYRIGHT OR ECONOMIC RIGHTS

OWNERSHIP OF COPYRIGHT

TRANSFER OR ASSIGNMENT OF COPYRIGHT

LIMITATIONS ON COPYRIGHT

DEPOSIT AND NOTICE

MORAL RIGHTS

RIGHTS TO PROCEEDS IN SUBSEQUENT TRANSFERS

RIGHTS OF PERFORMERS, PRODUCERS OFSOUNDS RECORDINGS ANDBROADCASTING ORGANIZATIONS

PRODUCERS OF SOUND RECORDINGS

BROADCASTING ORGANIZATIONS

LIMITATIONS ON PROTECTION

TERM OF PROTECTION

INFRINGEMENT

SCOPE OF APPLICATION

INSTITUTION OF ACTIONS

MISCELLANEOUS PROVISIONS

Section 1 Title.

SECTION 1. Title. – This Act shall be known as the "Intellectual Property Code of the Philippines."

Section 2 Declaration of State Policy.

SEC. 2. Declaration of State Policy. – The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. It shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in this Act.

The use of intellectual property bears a social function. To this end, the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good.

It is also the policy of the State to streamline administrative procedures of registering patents, trademarks and copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in the Philippines. (n)

Section 3 International Conventions and Reciprocity.

SEC. 3. International Conventions and Reciprocity. – Any person who is a national or who is domiciled or has a real and effective industrial establishment in a country which is a party to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition, to which the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law, shall be entitled to benefits to the extent necessary to give effect to any provision of such convention, treaty or reciprocal law, in addition to the rights to which any owner of an intellectual property right is otherwise entitled by this Act. (n)

Section 4 Definitions.

SEC. 4. Definitions. – 4.1. The term "intellectual property rights" consists of:

Copyright and Related Rights;

Trademarks and Service Marks;

Geographic Indications;

Industrial Designs;

Patents;

Layout-Designs (Topographies) of Integrated Circuits; and

Protection of Undisclosed Information (n, TRIPS).

4.2. The term "technology transfer arrangements" refers to contracts or agreements involving the transfer of systematic knowledge for the manufacture of a product, the application of a process, or rendering of a service including management contracts; and the transfer, assignment or licensing of all forms of intellectual property rights, including licensing of computer software except computer software developed for mass market.

4.3. The term "Office" refers to the Intellectual Property Office created by this Act.

4.4. The term "IPO Gazette" refers to the gazette published by the Office under this Act. (n)

Section 5 Functions of the Intellectual Property Office (IPO).

SEC. 5. Functions of the Intellectual Property Office (IPO). – 5.1. To administer and implement the State policies declared in this Act, there is hereby created the Intellectual Property Office (IPO) which shall have the following functions:

Examine applications for grant of letters patent for inventions and register utility models and industrial designs;

Examine applications for the registration of marks, geographic indication, integrated circuits;

Register technology transfer arrangements and settle disputes involving technology transfer payments covered by the provisions of Part II, Chapter IX on Voluntary Licensing and develop and implement strategies to promote and facilitate technology transfer;

Promote the use of patent information as a tool for technology development;

Publish regularly in its own publication the patents, marks, utility models and industrial designs, issued and approved, and the technology transfer arrangements registered;

Administratively adjudicate contested proceedings affecting intellectual property rights; and

Coordinate with other government agencies and the private sector efforts to formulate and implement plans and policies to strengthen the protection of intellectual property rights in the country.

5.2. The Office shall have custody of all records, books, drawings, specifications, documents, and other papers and things relating to intellectual property rights applications filed with the Office. (n)

Section 6 The Organizational Structure of the IPO.

SEC. 6. The Organizational Structure of the IPO. – 6.1. The Office shall be headed by a Director General who shall be assisted by two (2) Deputies Director General.

6.2. The Office shall be divided into six (6) Bureaus, each of which shall be headed by a Director and assisted by an Assistant Director. These Bureaus are:

The Bureau of Patents;

The Bureau of Trademarks;

The Bureau of Legal Affairs;

The Documentation, Information and Technology Transfer Bureau;

The Management Information System and EDP Bureau; and

The Administrative, Financial and Personnel Services Bureau.

6.3. The Director General, Deputies Director General, Directors and Assistant Directors shall be appointed by the President, and the other officers and employees of the Office by the Secretary of Trade and Industry, conformably with and under the Civil Service law. (n)

Section 7 The Director General and Deputies Director General.

SEC. 7. The Director General and Deputies Director General. – 7.1. Functions. – The Director General shall exercise the following powers and functions:

Manage and direct all functions and activities of the Office, including the promulgation of rules and regulations to implement the objectives, policies, plans, programs and projects of the Office: Provided, That in the exercise of the authority to propose policies and standards in relation to the following: (1) the effective, efficient, and economical operations of the Office requiring statutory enactment; (2) coordination with other agencies of government in relation to the enforcement of intellectual property rights; (3) the recognition of attorneys, agents, or other persons representing applicants or other parties before the Office; and (4) the establishment of fees for the filing and processing of an application for a patent, utility model or industrial design or mark or a collective mark, geographic indication and other marks of ownership, and for all other services performed and materials furnished by the Office, the Director General shall be subject to the supervision of the Secretary of Trade and Industry;

Exercise exclusive appellate jurisdiction over all decisions rendered by the Director of Legal Affairs, the Director of Patents, the Director of Trademarks, and the Director of the Documentation, Information and Technology Transfer Bureau. The decisions of the Director General in the exercise of his appellate jurisdiction in respect of the decisions of the Director of Patents, and the Director of Trademarks shall be appealable to the Court of Appeals in accordance with the Rules of Court; and those in respect of the decisions of the Director of Documentation, Information and Technology Transfer Bureau shall be appealable to the Secretary of Trade and Industry; and

Exercise original jurisdiction to resolve disputes relating to the terms of a license involving the author's right to public performance or other communication of his work. The decisions of the Director General in these cases shall be appealable to the Secretary of Trade and Industry.

7.2. Qualifications. – The Director General and the Deputies Director General must be natural born citizens of the Philippines, at least thirty-five (35) years of age on the day of their appointment, holders of a college degree, and of proven competence, integrity, probity and independence: Provided, That the Director General and at least one (1) Deputy Director General shall be members of the Philippine Bar who have engaged in the practice of law for at least ten (10) years: Provided, further, That in the selection of the Director General and the Deputies Director General, consideration shall be given to such qualifications as would result, as far as practicable, in the balanced representation in the Directorate General of the various fields of intellectual property.

7.3. Term of Office. – The Director General and the Deputies Director General shall be appointed by the President for a term of five (5) years and shall be eligible for reappointment only once: Provided, That the first Director General shall have a first term of seven (7) years. Appointment to any vacancy shall be only for the unexpired term of the predecessor.

7.4. The Office of the Director General. – The Office of the Director General shall consist of the Director General and the Deputies Director General, their immediate staff and such Offices and Services that the Director General will set up to support directly the Office of the Director General. (n)

Section 8 The Bureau of Patents.

SEC. 8. The Bureau of Patents. – The Bureau of Patents shall have the following functions:

8.1. Search and examination of patent applications and the grant of patents;

8.2. Registration of utility models, industrial designs, and integrated circuits; and

8.3. Conduct studies and researches in the field of patents in order to assist the Director General in formulating policies on the administration and examination of patents. (n)

Section 9 The Bureau of Trademarks.

SEC. 9. The Bureau of Trademarks. – The Bureau of Trademarks shall have the following functions:

9.1. Search and examination of the applications for the registration of marks, geographic indications and other marks of ownership and the issuance of the certificates of registration; and

9.2. Conduct studies and researches in the field of trademarks in order to assist the Director General in formulating policies on the administration and examination of trademarks. (n)

Section 10 The Bureau of Legal Affairs.

SEC. 10. The Bureau of Legal Affairs. – The Bureau of Legal Affairs shall have the following functions:

10.1. Hear and decide opposition to the application for registration of marks; cancellation of trademarks; subject to the provisions of Section 64, cancellation of patents, utility models, and industrial designs; and petitions for compulsory licensing of patents;

10.2. (a) Exercise original jurisdiction in administrative complaints for violations of laws involving intellectual property rights. Provided, That its jurisdiction is limited to complaints where the total damages claimed are not less than Two hundred thousand pesos (P200,000): Provided, further, That availment of the provisional remedies may be granted in accordance with the Rules of Court. The Director of Legal Affairs shall have the power to hold and punish for contempt all those who disregard orders or writs issued in the course of the proceedings. (n)

(b) After formal investigation, the Director for Legal Affairs may impose one (1) or more of the following administrative penalties;

The issuance of a cease and desist order which shall specify the acts that the respondent shall cease and desist from and shall require him to submit a compliance report within a reasonable time which shall be fixed in the order;

The acceptance of a voluntary assurance of compliance or discontinuance as may be imposed. Such voluntary assurance may include one (1) or more of the following:

An assurance to comply with the provisions of the intellectual property law violated;

An assurance to refrain from engaging in unlawful and unfair acts and practices subject of the formal investigation;

An assurance to recall, replace, repair, or refund the money value of defective goods distributed in commerce; and

An assurance to reimburse the complainant the expenses and costs incurred in prosecuting the case in the Bureau of Legal Affairs.

The Director of Legal Affairs may also require the respondent to submit periodic compliance reports and file a bond to guarantee compliance of his undertaking;

The condemnation or seizure of products which are subject of the offense. The goods seized hereunder shall be disposed of in such manner as may be deemed appropriate by the Director of Legal Affairs, such as by sale, donation to distressed local governments or to charitable or relief institutions, exportation, recycling into other goods, or any combination thereof, under such guidelines as he may provide;

The forfeiture of paraphernalia and all real and personal properties which have been used in the commission of the offense;

The imposition of administrative fines in such amount as deemed reasonable by the Director of Legal Affairs, which shall in no case be less than Five thousand pesos (P5,000) nor more than One hundred fifty thousand pesos (P150,000). In addition, an additional fine of not more than One thousand pesos (P1,000) shall be imposed for each day of continuing violation;

The cancellation of any permit, license, authority, or registration which may have been granted by the Office, or the suspension of the validity thereof for such period of time as the Director of Legal Affairs may deem reasonable which shall not exceed one (1) year;

The withholding of any permit, license, authority, or registration which is being secured by the respondent from the Office;

The assessment of damages;

Censure; and

Other analogous penalties or sanctions. (Sec. 6, 7, 8, and 9, Executive Order No. 913 [1983]a)

10.3. The Director General may by regulations establish the procedure to govern the implementation of this Section. (n)

Section 11 The Documentation, Information and Technology Transfer Bureau.

SEC. 11. The Documentation, Information and Technology Transfer Bureau. – The Documentation, Information and Technology Transfer Bureau shall have the following functions:

11.1. Support the search and examination activities of the Office through the following activities:

Maintain and upkeep classification systems whether they be national or international such as the International Patent Classification (IPC) system;

Provide advisory services for the determination of search patterns;

Maintain search files and search rooms and reference libraries; and

Adapt and package industrial property information.

11.2. Establish networks or intermediaries or regional representatives;

11.3. Educate the public and build awareness on intellectual property through the conduct of seminars and lectures, and other similar activities;

11.4. Establish working relations with research and development institutions as well as with local and international intellectual property professional groups and the like;

11.5. Perform state-of-the-art searches;

11.6. Promote the use of patent information as an effective tool to facilitate the development of technology in the country;

11.7. Provide technical, advisory, and other services relating to the licensing and promotion of technology, and carry out an efficient and effective program for technology transfer; and

11.8. Register technology transfer arrangements, and settle disputes involving technology transfer payments. (n)

Section 12 The Management Information Services and EDP Bureau.

SEC. 12. The Management Information Services and EDP Bureau. – The Management Information Services and EDP Bureau shall:

12.1. Conduct automation planning, research and development, testing of systems, contracts with firms, contracting, purchase and maintenance of equipment, design and maintenance of systems, user consultation, and the like; and

12.2. Provide management information support and service to the Office. (n)

Section 13 The Administrative, Financial and Human Resource Development Service Bureau.

SEC. 13. The Administrative, Financial and Human Resource Development Service Bureau. – 13.1. The Administrative Service shall:

Provide services relative to procurement and allocation of supplies and equipment, transportation, messengerial work, cashiering, payment of salaries and other Office's obligations, office maintenance, proper safety and security, and other utility services; and comply with government regulatory requirements in the areas of performance appraisal, compensation and benefits, employment records and reports;

Receive all applications filed with the Office and collect fees therefore; and

Publish patent applications and grants, trademark applications, and registration of marks, industrial designs, utility models, geographic indication, and lay-out-designs of integrated circuits registrations.

13.2. The Patent and Trademark Administration Services shall perform the following functions among others:

Maintain registers of assignments, mergings, licenses, and bibliographic on patents and trademarks;

Collect maintenance fees, issue certified copies of documents in its custody and perform similar other activities; and

Hold in custody all the applications filed with the office, and all patent grants, certificate of registrations issued by the office, and the like.

13.3. The Financial Service shall formulate and manage a financial program to ensure availability and proper utilization of funds; provide for an effective monitoring system of the financial operations of the Office; and

13.4. The Human Resource Development Service shall design and implement human resource development plans and programs for the personnel of the Office; provide for present and future manpower needs of the organization; maintain high morale nd favorable employee attitudes towards the organization through the continuing design and implementation of employee development programs. (n)

Section 14 Use of Intellectual Property Rights Fees by the IPO.

SEC. 14. Use of Intellectual Property Rights Fees by the IPO. – 14.1. For a more effective and expeditious implementation of this Act, the Director General shall be authorized to retain, without need of a separate approval from any government agency, and subject only to the existing accounting and auditing rules and regulations, all the fees, fines, royalties and other charges, collected by the Office under this Act and the other laws that the Office will be mandated to administer, for use in its operations, like upgrading of its facilities, equipment outlay, human resource development, and the acquisition of the appropriate office space, among others, to improve the delivery of its services to the public. This amount, which shall be in addition to the Office's annual budget, shall be deposited and maintained in a separate account or fund, which may be used or disbursed directly by the Director General.

14.2. After five (5) years from the coming into force of this Act, the Director General shall, subject to the approval of the Secretary of Trade and Industry; determine if the fees and charges mentioned in Subsection 14.1 hereof that the Office shall collect are sufficient to meet its budgetary requirements. If so, it shall retain all the fees and charges it shall collect under the same conditions indicated in said Subsection 14.1 but shall forthwith, cease to receive any funds from the annual budget of the National Government; if not, the provisions of said Subsection 14.1 shall continue to apply until such time when the Director General, subject to the approval of the Secretary of Trade and Industry, certifies that the above-stated fees and charges the Office shall collect are enough to fund its operations. (n)

Section 15 Special Technical and Scientific Assistance.

SEC. 15. Special Technical and Scientific Assistance. – The Director General is empowered to obtain the assistance of technical, scientific or other qualified officers and employees of other departments, bureaus, offices, agencies and instrumentalities of the Government, including corporations owned, controlled or operated by the Government, when deemed necessary in the consideration of any matter submitted to the Office relative to the enforcement of the provisions of this Act. (Sec. 3, R.A. No. 165a)

Section 16 Seal of Office.

SEC. 16. Seal of Office. – The Office shall have a seal, the form and design of which shall be approved by the Director General. (Sec. 4, R.A. No. 165a)

Section 17 Publication of Laws and Regulations.

SEC. 17. Publication of Laws and Regulations. – The Director General shall cause to be printed and make available for distribution, pamphlet copies of this Act, other pertinent laws, executive orders and information circulars relating to matters within the jurisdiction of the Office. (Sec. 5, R.A. No. 165a)

Section 18 The IPO Gazette.

SEC. 18. The IPO Gazette. – All matters required to be published under this Act shall be published in the Office's own publication to be known as the IPO Gazette. (n)

Section 19 Disqualification of Officers and Employees of the Office.

SEC. 19. Disqualification of Officers and Employees of the Office. – All officers and employees of the Office shall not apply or act as an attorney or patent agent of an application for a grant of patent, for the registration of a utility model, industrial design or mark nor acquire, except by hereditary succession, any patent or utility model, design registration, or mark or any right, title or interest therein during their employment and for one (1) year thereafter. (Sec. 77, R.A. No. 165a)

PART IITHE LAW ON PATENTS CHAPTER I.GENERAL PROVISIONS

Section 20 Definition of Terms Used in Part II, The Law on Patents.

SEC. 20. Definition of Terms Used in Part II, The Law on Patents. – As used in Part II, the following terms shall have the following meanings:

20.1. "Bureau" means the Bureau of Patents;

20.2. "Director" means the Director of Patents;

20.3. "Regulation" means the Rules of Practice in Patent Cases formulated by the Director of Patents and promulgated by the Director General;

20.4. "Examiner" means the patent examiner;

20.5. "Patent application" or "application" means an application for a patent for an invention except in Chapters XII and XIII, where "application" means an application for a utility model and an industrial design, respectively; and

20.6. "Priority date" means the date of filing of the foreign application for the same invention referred to in Section 31 of this Act. (n)

CHAPTER IIPATENTABILITY

Section 21 Patentable Inventions.

SEC. 21. Patentable Inventions. – Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be patentable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing. (Sec. 7, R.A. No. 165a)

Section 21-N

Section 21 - Novelty;

Section 22 Non-Patentable Inventions.

SEC. 22. Non-Patentable Inventions. – The following shall be excluded from patent protection:

22.1. Discoveries, scientific theories and mathematical methods;

22.2. Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers;

22.3. 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 composition for use in any of these methods;

22.4. Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision shall not apply to micro-organisms and non-biological and microbiological processes.

Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing sui generic protection of plant varieties and animal breeds and a system of community intellectual rights protection;

22.5. Aesthetic creations; and

22.6. Anything which is contrary to public order or morality. (Sec. 8, R.A. No. 165a)

Section 23 Novelty.

SEC. 23. Novelty. – An invention shall not be considered new if it forms part of a prior art. (Sec. 9, R.A. No. 165a)

Section 24 Prior Art.

SEC. 24. Prior Art. – Prior art shall consist of:

24.1. Everything which has been made available to the public anywhere in the world, before the filing date or the priority date of the application claiming the invention; and

24.2. The whole contents of an application for a patent, utility model, or industrial design registration, published in accordance with this Act, filed or effective in the Philippines, with a filing or priority date that is earlier than the filing or priority date of the application: Provided, That the application which has validly claimed the filing date of an earlier application under Section 31 of this Act, shall be prior art with effect as of the filing date of such earlier application: Provided, further, That the applicant or the inventor identified in both applications are not one and the same. (Sec. 9, R.A. No. 165a)

Section 24-P

Section 24 - Prior art: Provided, that the disclosure is contained in printed documents or in any tangible form;

Section 25 Non-Prejudicial Disclosure.

SEC. 25. Non-Prejudicial Disclosure. – 25.1. The disclosure of information contained in the application during the twelve (12) months preceding the filing date or the priority date of the application shall not prejudice the applicant on the ground of lack of novelty if such disclosure was made by:

The inventor;

A patent office and the information was contained (a) in another application filed by the inventor and should not have been disclosed by the office, or (b) in an application files without the knowledge or consent of the inventor by a third party which obtained the information directly or indirectly from the inventor; or

A third party which obtained the information directly or indirectly from the inventor.

25.2. For the purposes of Subsection 25.1, "inventor" also means any person who, at the filing date of application, had the right to the patent. (n)

Section 25-N

Section 25 - Non-prejudicial Disclosure;

Section 26 Inventive Step.

SEC. 26. Inventive Step. – An invention involves an inventive step if, having regard to prior art, it is not obvious to a person skilled in the art at the time of the filing date or priority date of the application claiming the invention. (n)

Section 27 Industrial Applicability.

SEC. 27. Industrial Applicability. – An invention that can be produced and used in any industry shall be industrially applicable. (n)

CHAPTER IIIRIGHT TO A PATENT

Section 27-I

Section 27 - Inventions Created Pursuant to a Commission;

Section 28 Right to a Patent.

SEC. 28. Right to a Patent. – The right to a patent belongs to the inventor, his heirs, or assigns. When two (2) or more persons have jointly made an invention, the right to a patent shall belong to them jointly. (Sec. 10, R.A. No. 165a)

Section 28-R

Section 28 - Right to a Patent;

Section 29 First to File Rule.

SEC. 29. First to File Rule. – If two (2) or more persons have made the invention separately and independently of each other, the right to the patent shall belong to the person who filed an application for such invention, or where two (2) or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date. (3rd sentence, Sec. 10, R.A. No. 165a)

Section 29-F

Section 29 - First to File Rule;

Section 30 Inventions Created Pursuant to a Commission.

SEC. 30. Inventions Created Pursuant to a Commission. – 30.1. The person who commissions the work shall own the patent, unless otherwise provided in the contract.

30.2. In case the employee made the invention in the course of his employment contract, the patent shall belong to:

The employee, if the inventive activity is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer; and

The employer, if the invention is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary. (n)

Section 31 Right of Priority.

SEC. 31. Right of Priority. – An application for patent filed by any person who has previously applied for the same invention 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 was filed; 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. (Sec. 15, R.A. No. 165a)

CHAPTER IVPATENT APPLICATION

Section 31-R

Section 31 - Right of Priority: Provided, That the application for industrial design shall be filed within six (6) months from the earliest filing date of the corresponding foreign application;

Section 32 The Application.

SEC. 32. The Application. – 32.1. The patent application shall be in Filipino or English and shall contain the following:

A request for the grant of a patent;

A description of the invention;

Drawings necessary for the understanding of the invention;

One or more claims; and

An abstract.

32.2. No patent may be granted unless the application identifies the inventor. If the applicant is not the inventor, the Office may require him to submit said authority. (Sec. 13, R. A. No. 165a)

Section 33 Appointment of Agent or Representative.

SEC. 33. Appointment of 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 for patent or the patent may be served. (Sec. 11, R.A. No. 165a)

Section 33-A

Section 33 - Appointment of Agent or Representative;

Section 34 The Request.

SEC. 34. The Request. – The request shall contain a petition for the grant of the patent, the name and other data of the applicant, the inventor and the agent and the title of the invention. (n)

Section 35 Disclosure and Description of the Invention.

SEC. 35. Disclosure and Description of the Invention. – 35.1. Disclosure. – The application shall disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art. Where the application concerns a microbiological process or the product thereof and involves the use of a micro-organism which cannot be sufficiently disclosed in the application in such a way as to enable the invention to be carried out by a person skilled in the art, and such material is not available to the public, the application shall be supplemented by a deposit of such material with an international depository institution.

35.2. Description. – The Regulations shall prescribe the contents of the description and the order of presentation. (Sec. 14, R.A. No. 165a)

Section 36 The Claims.

SEC. 36. The Claims. – 36.1. The application shall contain one (1) or more claims which shall define the matter for which protection is sought. Each claim shall be clear and concise, and shall be supported by the description.

36.2. The Regulations shall prescribe the manner of the presentation of claims. (n)

Section 37 The Abstract.

SEC. 37. The Abstract. – The abstract shall consist of a concise summary of the disclosure of the invention as contained in the description, claims and drawings in preferably not more than one hundred fifty (150) words. It must be drafted in a way which allows the clear understanding of the technical problem, the gist of the solution of that problem through the invention, and the principal use or uses of the invention. The abstract shall merely serve for technical information. (n)

Section 38 Unity of Invention.

SEC. 38. Unity of Invention. – 38.1. The application shall relate to one (1) invention only or to a group of inventions forming a single general inventive concept.

38.2. If several independent inventions which do not form a single general inventive concept are claimed in one application, the Director may require that the application be restricted to a single invention. A later application filed for an invention divided out shall be considered as having been filed on the same day as the first application: Provided, That the later application is filed within four (4) months after the requirement to divide becomes final, or within such additional time, not exceeding four (4) months, as may be granted: Provided, further, That each divisional application shall not go beyond the disclosure in the initial application.

38.3. The fact that a patent has been granted on an application that did not comply with the requirement of unity of invention shall not be a ground to cancel the patent. (Sec. 17, R.A. No. 165a)

Section 39 Information Concerning Corresponding Foreign Application for Patents.

SEC. 39. Information Concerning Corresponding Foreign Application for Patents. – The applicant shall, at the request of the Director, furnish him with the date and number of any application for a patent filed by him abroad, hereafter referred to as the "foreign application," relating to the same or essentially the same invention as that claimed in the application filed with the Office and other documents relating to the foreign application. (n)

CHAPTER VPROCEDURE FOR GRANT OF PATENT

Section 40 Filing Date Requirements.

SEC. 40. Filing Date Requirements. – 40.1. The filing date of a patent application shall be the date of receipt by the Office of at least the following elements:

An express or implicit indication that a Philippine patent is sought;

Information identifying the applicant; and

Description of the invention and one (1) or more claims in Filipino or English.

40.2. If any of these elements is not submitted within the period set by the Regulations, the application shall be considered withdrawn. (n)

Section 41 According a Filing Date.

SEC. 41. According a Filing Date. – The Office shall examine whether the patent application satisfies the requirements for the grant of date of filing as provided in Section 40 hereof. If the date of filing cannot be accorded, the applicant shall be given an opportunity to correct the deficiencies in accordance with the implementing Regulations. If the application does not contain all the elements indicated in Section 40, the filing date should be that date when all the elements are received. If the deficiencies are not remedied within the prescribed time limit, the application shall be considered withdrawn. (n)