Janine V. Samelo

Pauline Bianca R. Alfonso

*Utility Models and Industrial Designs

*Chapter 4: Drawings

*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

*Chapter 4: Drawings

*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

*Chapter 4: Drawings

*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

*Chapter 4: Drawings

*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

*Chapter 4: 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

*Chapter 4: Drawings

*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

*Chapter 5: Representation, Signatures

*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

*Chapter 6: Who may Request for Registration

*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

*Chapter 6: Who may Request for Registration

*Person who signs for judirical person must hold a proof of authority

*Signatures can be hand-written, stamped, seal, thumb marks

*Chapter 7: Classification and Search

*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

*Chapter 8: Amendment; Withdrawal by the Applicant*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

*Chapter 8: Amendment; Withdrawal by the Applicant

*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

*Part 5: The Certificate of Registration

*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

*Part 6: Other Proceedings Affecting the Application for Registration

*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

*Part 6: Other Proceedings Affecting the Application for Registration

*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

*Chapter 2: Surrender, Correction and Amendment Certificate

*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

*Chapter 2: Surrender, Correction and Amendment Certificate

*Changes may be:

*Limit the extent of protection

*Clerical mistakes

*publication and amendment of registration authenticated by a seal of the Office

*Chapter 3: Recordal; Transmission of Rights

*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

*Chapter 3: Request for Registrability Report

*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

*Part 7: Petitions and Appeals

*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

*Part 7: Petitions and Appeals

*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

*Final Provisions

*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

*Final Provisions

*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

*Thank You!!