Article 159p. 159

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(b) 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 . — 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 IV Patent Application

SECTION

32.

The

Application .

—

32.1.

The

patent

application shall be in Filipino or English and shall contain

the following:

(a) A request for the grant of a patent;

(b) A description of the invention;

(c) Drawings necessary for the understanding of the

invention;

(d) One or more claims; and

(e) 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 .

— 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 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 . — 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 . — 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 . — 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 . — 38.1. The application

shall relate to one 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 . — 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 V Procedure for Grant of Patent

SECTION 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:

(a) An express or implicit indication that a Philippine

patent is sought;

(b) Information identifying the applicant; and

(c) 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 . — 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)

SECTION 42. Formality Examination . — 42.1. After the

patent application has been accorded a filing date and

the required fees have been paid on time in accordance

with the Regulations, the applicant shall comply with the

formal requirements specified by Section 32 and the

Regulations within the prescribed period, otherwise the

application shall be considered withdrawn.

42.2. The Regulations shall determine the procedure for

the re-examination and revival of an application as well as

the appeal to the Director of Patents from any final action

by the examiner. (Sec. 16, R.A. No. 165a)

SECTION 43. Classification and Search . — An application

that has complied with the formal requirements shall be

classified and a search conducted to determine the prior

art. (n)

SECTION 44. Publication of Patent Application . — 44.1.

The patent application shall be published in the IPO

Gazette together with a search document established by

or on behalf of the Office citing any documents that

reflect prior art, after the expiration of eighteen (18)

months from the filing date or priority date.

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