Article 167p. 167

COMMERCIAL LAWS NEGOTIABLE INSTRUMENTS, CORPORATION, INSURANCE, TRANSPORTATION, BANKING

110.2. At any time before the grant or refusal of a utility

model

registration,

an

applicant

for

a utility model

registration may, upon payment of the prescribed fee,

convert his application into a patent application, which

shall be accorded the filing date of the initial application.

(Sec. 58, R.A. No. 165a)

SECTION

111.

Prohibition

Against

Filing

of

Parallel

Applications .

—

An

applicant

may

not file two (2)

applications for the same subject, one for utility model

registration and the other for the grant of a patent

whether simultaneously or consecutively. (Sec. 59, R.A.

No. 165a)

CHAPTER XIII Industrial Design And

Layout-designs (Topographies) of Integrated

Circuits

SECTION 112. Definition of Terms. — 1. An Industrial

Design is any composition of lines or colors or any

three-dimensional form, whether or not associated with

lines or colors: Provided, That such composition or form

gives a special appearance to and can serve as pattern for

an industrial product or handicraft;

2. Integrated Circuit means a product, in its final form, or

an intermediate form, in which the elements, at least one

of which is an active element, and some or all of the

interconnections are integrally formed in and/or on a

piece of material, and which is intended to perform an

electronic function; and

3. Layout-Design is synonymous with 'Topography' and

means

the

three-dimensional

disposition,

however

expressed, of the elements, at least one of which is an

active element, and of some or all of the interconnections

of an integrated circuit, or such a three-dimensional

disposition prepared for an integrated circuit intended for

manufacture.

(as amended by RA No 9150)

SECTION 113. Substantive Conditions for Protection . —

113.1. Only industrial designs that are new or ornamental

shall benefit from protection under this Act.

113.2. Industrial designs dictated essentially by technical or

functional considerations to obtain a technical result or

those that are contrary to public order, health or morals

shall not be protected.

113.3. Only layout-designs of integrated circuits that are

original shall benefit from protection under this Act. A

layout-design shall be considered original if it is the result

of

its

creator's

own

intellectual

effort

and

is

not

commonplace among creators of layout-designs and

manufacturers of integrated circuits at the time of its

creation.

113.4. A layout-design consisting of a combination of

elements and interconnections that are commonplace

shall be protected only if the combination, taken as a

whole, is original.

(as amended by RA No 9150) (n)

SECTION 114. Contents of the Application . — 114.1. Every

application for registration of an industrial design or

layout-design shall contain:

(a) A request for registration of the industrial design or

layout-design;

(b) Information identifying the applicant;

(c) An indication of the kind of article of manufacture or

handicraft to which the industrial design or layout-design

shall be applied;

(d) A representation of the article of manufacture or

handicraft by way of drawings, photographs or adequate

graphic representation of the industrial design or of the

layout-design as applied to the article of manufacture or

handicraft which clearly and fully discloses those features

for which protection is claimed; and

(e) The name and address of the creator, or where the

applicant is not the creator, a statement indicating the

origin

of

the

right

to

the

industrial

design

or

layout-design registration.

114.2.

The

application

may

be

accompanied

by

a

specimen of the article embodying the industrial design

or layout-design and shall be subject to the payment of

the prescribed fee.

(as amended by RA No 9150) (n)

SECTION

115.

Several

Industrial

Designs

in

One

Application . — Two (2) or more industrial designs may be

the subject of the same application: Provided , That they

relate

to

the

same

sub-class

of

the

International

Classification or to the same set or composition of

articles. (n)

SECTION 116. Examination . — 116.1. The Office shall accord

as the filing date the date of receipt of the application

containing

indications

allowing

the

identity

of

the

applicant to be established and a representation of the

article

embodying

the

industrial

design

or

the

layout-design or a pictorial representation thereof.

116.2.

If

the

application

does

not

meet

these

requirements, the filing date should be that date when all

the elements specified in Sec. 114 are filed or the mistakes

corrected.

Otherwise,

if

the

requirements

are

not

complied within the prescribed period, the application

shall be considered withdrawn.

116.3. After the application has been accorded a filing date

and the required fees paid on time, the applicant shall

comply with the requirements of Sec. 114 within the

prescribed period, otherwise the application shall be

considered withdrawn.

116.4. The Office shall examine whether the industrial

design or layout-design complies with requirements of

Sec. 112 (Definitions) and Sec. 113 (Substantive Conditions

for Protection).

(as amended by RA No 9150) (n)

SECTION 117. Registration . — 117.1 Where the Office finds

that the conditions referred to in Sec. 113 are fulfilled, it

shall order that registration be effected in the industrial

design or layout-design register and cause the issuance

of an industrial design or layout-design certificate of

registration; otherwise, it shall refuse the application.

117.2. The form and contents of an industrial design or

layout-design

certificate

shall

be established by the

Regulations: Provided, That the name and address of the

creator shall be mentioned in every case.

117.3. Registration shall be published in the form and

within the period fixed by the Regulations.

117.4. The Office shall record in the register any change in

the identity of the proprietor of the industrial design or

layout-design or his representative, if proof thereof is

furnished to it. A fee shall be paid, with the request to

record the change in the identity of the proprietor. If the

fee is not paid, the request shall be deemed not to have

been filed. In such case, the former proprietor and the

former representative shall remain subject to the rights

and obligations as provided in this Act.

117.5. Anyone may inspect the Register and the files of

registered industrial designs or layout-designs including

files of cancellation proceedings.

(as amended by RA No 9150) (n)

SECTION

118.

The

Term

of

Industrial

Design

or

Layout-Design Registration . — 118.1. The registration of

an industrial design shall be for a period of five (5) years

from the filing date of the application.

118.2. The registration of an industrial design may be

renewed for not more than two (2) consecutive periods of

five (5) years each, by paying the renewal fee.

118.3. The renewal fee shall be paid within twelve (12)

months

preceding

the

expiration

of

the

period

of

registration. However, a grace period of six (6) months

shall be granted for payment of the fees after such

expiration, upon payment of a surcharge.

© Compiled by RGL

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