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Registration of Utility Model in the Philippines | Manila Legal - Philippines Largest Legal Network

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Registration of Utility Model
in the Philippines


To accommodate local industries, small businesses and entities, the Philippine Government allows registration and protection of utility models. A utility model is defined by the Intellectual Property Office as a protection option designed to shield innovations that are not sufficiently inventive but useful, practical, novel and industrially applicable.
            Unlike registration for industrial design, an application for registration of utility model lasts only for seven years and not subject to renewal. 
            The procedure for the application of a Utility Model is similar to registration of an Industrial Design, to wit:
An application for registration of a Utility Model shall be written English or Filipino which shall be filed either directly to the Bureau or by post and addressed to the Director. Such application shall contain the following

  1. A request for the grant of the patent- this shall contain the petition for the grant of the registration, the applicant’s name and address; title of the utility model; maker’s name; if the request is with a claim for convention priority, it shall contain the file number, country of origin and the date of filing in the said country where the application was first filed; it shall also contain the name and address of the resident agent/representative (if any); and the signature of the applicant or resident agent/representative.
  2. A description of the utility model;
  3. Drawings necessary for the understanding of the utility model;
  4. One or more claims;
  5. Abstract which contains a concise summary of the utility model;
  6. Deed of Assignment in cases where the application is in the name of a person other than the designer.     
Formal investigation follows the filing of the application. After which, the application is recommended for publication in the Intellectual Property Office Gazette upon the filing of an application for publication. If there is no opposition to the application, it shall be confirmed for registration and issued a certificate of registration. Registrabililty Report may be requested by third parties. An opposition to the application, on the other hand, requires its submission to the Bureau of Patents Director who will in turn, decide on the matter. The decision of the Director may be appealed to the Director-General who will finally settle the controversy.

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