Article 160p. 160

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44.2.

After

publication

of

a

patent

application,

any

interested party may inspect the application documents

filed with the Office.

44.3. The Director General, subject to the approval of the

Secretary of Trade and Industry, may prohibit or restrict

the publication of an application, if in his opinion, to do so

would be prejudicial to the national security and interests

of the Republic of the Philippines. (n)

SECTION 45. Confidentiality Before Publication . — A

patent application, which has not yet been published,

and all related documents, shall not be made available for

inspection without the consent of the applicant. (n)

SECTION 46. Rights Conferred by a Patent Application

After Publication . — The applicant shall have all the

rights of a patentee under Section 76 against any person

who, without his authorization, exercised any of the rights

conferred under Section 71 of this Act in relation to the

invention claimed in the published patent application, as

if a patent had been granted for that invention: Provided ,

That the said person had:

46.1. Actual knowledge that the invention that he was

using was the subject matter of a published application;

or

46.2. Received written notice that the invention that he

was

using

was

the

subject

matter

of

a

published

application being identified in the said notice by its serial

number: Provided , That the action may not be filed until

after the grant of a patent on the published application

and within four (4) years from the commission of the acts

complained of. (n)

SECTION 47. Observation by Third Parties . — Following

the publication of the patent application, any person may

present

observations

in

writing

concerning

the

patentability of the invention. Such observations shall be

communicated to the applicant who may comment on

them.

The

Office

shall

acknowledge

and

put

such

observations and comment in the file of the application

to which it relates. (n)

SECTION 48. Request for Substantive Examination . —

48.1. The application shall be deemed withdrawn unless

within six (6) months from the date of publication under

Section 41, a written request to determine whether a

patent application meets the requirements of Sections 21

to 27 and Sections 32 to 39 and the fees have been paid

on time.

48.2. Withdrawal of the request for examination shall be

irrevocable and shall not authorize the refund of any fee.

(n)

SECTION 49. Amendment of Application . — An applicant

may amend the patent application during examination:

Provided , That such amendment shall not include new

matter outside the scope of the disclosure contained in

the application as filed. (n)

SECTION 50. Grant of Patent . — 50.1. If the application

meets the requirements of this Act, the Office shall grant

the patent: Provided , That all the fees are paid on time.

50.2. If the required fees for grant and printing are not

paid in due time, the application shall be deemed to be

withdrawn.

50.3. A patent shall take effect on the date of the

publication of the grant of the patent in the IPO Gazette.

(Sec. 18, R.A. No. 165a)

SECTION 51. Refusal of the Application . — 51.1. The final

order of refusal of the examiner to grant the patent shall

be appealable to the Director in accordance with this Act.

51.2. The Regulations shall provide for the procedure by

which an appeal from the order of refusal from the

Director shall be undertaken. (n)

SECTION 52. Publication Upon Grant of Patent . — 52.1.

The grant of the patent together with other related

information shall be published in the IPO Gazette within

the time prescribed by the Regulations.

52.2. Any interested party may inspect the complete

description, claims, and drawings of the patent on file

with the Office. (Sec. 18, R.A. No. 165a)

SECTION 53. Contents of Patent . — The patent shall be

issued in the name of the Republic of the Philippines

under the seal of the Office and shall be signed by the

Director, and registered together with the description,

claims, and drawings, if any, in books and records of the

Office. (Secs. 19 and 20, R.A. No. 165a)

SECTION 54. Term of Patent . — The term of a patent shall

be

twenty

(20)

years

from

the

filing

date

of

the

application. (Sec. 21, R.A. No. 165a)

SECTION 55. Annual Fees . — 55.1. To maintain the patent

application or patent, an annual fee shall be paid upon

the

expiration

of

four

(4) years from the date the

application was published pursuant to Section 44 hereof,

and

on

each

subsequent

anniversary

of such date.

Payment may be made within three (3) months before

the due date. The obligation to pay the annual fees shall

terminate should the application be withdrawn, refused,

or cancelled.

55.2. If the annual fee is not paid, the patent application

shall be deemed withdrawn or the patent considered as

lapsed from the day following the expiration of the period

within which the annual fees were due. A notice that the

application is deemed withdrawn or the lapse of a patent

for non-payment of any annual fee shall be published in

the IPO Gazette and the lapse shall be recorded in the

Register of the Office.

55.3. A grace period of six (6) months shall be granted for

the payment of the annual fee, upon payment of the

prescribed surcharge for delayed payment. (Sec. 22, R.A.

No. 165a)

SECTION 56. Surrender of Patent . — 56.1. The owner of

the patent, with the consent of all persons having grants

or licenses or other right, title or interest in and to the

patent and the invention covered thereby, which have

been recorded in the Office, may surrender his patent or

any claim or claims forming part thereof to the Office for

cancellation.

56.2. A person may give notice to the Office of his

opposition to the surrender of a patent under this section,

and if he does so, the Bureau shall notify the proprietor of

the patent and determine the question.

56.3. If the Office is satisfied that the patent may properly

be surrendered, he may accept the offer and, as from the

day when notice of his acceptance is published in the IPO

Gazette, the patent shall cease to have effect, but no

action

for

infringement

shall

lie

and

no

right

compensation shall accrue for any use of the patented

invention

before

that

day

for

the

services

of

the

government. (Sec. 24, R.A. No. 165a)

SECTION 57. Correction of Mistakes of the Office . — The

Director shall have the power to correct, without fee, any

mistake in a patent incurred through the fault of the

Office when clearly disclosed in the records thereof, to

make the patent conform to the records. (Sec. 25, R.A. No.

165 )

SECTION 58. Correction of Mistake in the Application . —

On request of any interested person and payment of the

prescribed fee, the Director is authorized to correct any

mistake in a patent of a formal and clerical nature, not

incurred through the fault of the Office. (Sec. 26, R.A. No.

165a)

SECTION 59. Changes in Patents . — 59.1. The owner of a

patent shall have the right to request the Bureau to make

the changes in the patent in order to:

(a) Limit the extent of the protection conferred by it;

(b) Correct obvious mistakes or to correct clerical errors;

and

(c) Correct mistakes or errors, other than those referred to

in letter (b), made in good faith: Provided , That where the

change would result in a broadening of the extent of

protection conferred by the patent, no request may be

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