Irr utility models and industrial designs

75 %
25 %
Information about Irr utility models and industrial designs

Published on March 12, 2014

Author: jaNinEbOnjAng



Laws for Registration of Utility models and Industrial Designs

Janine V. Samelo Pauline Bianca R. Alfonso *

* *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

* *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

* *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

* *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

* *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

* *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

* *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

* *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

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

* *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

* *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

* *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

* *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

* *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

* *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

* *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

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

* *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

* *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

* *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

* *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

* *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

* *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


Add a comment

Related presentations

Related pages


Read more


UTILITY MODEL OR INDUSTRIAL DESIGN ... Regulations regarding drawings of industrial designs. ... Rights' IRR on Utility Model and Industrial ...
Read more

Philippines: Revised Implementing Rules and Regulations ...

Revised Implementing Rules and Regulations for Patents, Utility Models and Industrial Designs. Year of Version: ... Utility Models and Industrial Designs .
Read more

Revised Implementing Rules and Regulations (Revised IRR ...

office order no. 04 . series of 2012. implementing the community review (cr) process for patents, utility models & industrial design applications
Read more

About Industrial Design -

Read more

Philippines -

... Utility Models and Industrial Designs (Revised IRR) [4 ... THE_REVISED_IRR_FOR_PATENTS_UTILITY_MODELS_AND_INDUSTRIAL_DESIGNS ... Philippines. Published ...
Read more


... Utility Models, and Industrial Designs The Japan Intellectual Property Association ... on the 2nd version of the IRR for Patents, Utility Models, ...
Read more

Industrial Designs | LinkedIn

Industrial Designs. Articles, experts, jobs, and more: get all the professional insights you need on LinkedIn. ... Hire top Industrial Designers.
Read more

Utility Models | LinkedIn

Utility Models. Articles, experts, jobs, and more: get all the professional insights you need on LinkedIn. Sign up Get more personalized results when you ...
Read more