um id application procedures

7/27/2019 UM ID Application Procedures

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UM/ID Application Procedures

1. Application for Utility Model or IndustrialDesign Patent

The application for registration of a Utility Model orIndustrial Design (UM/ID) must be filed with the Bureau ofPatents (BOP) of the Intellectual Property Office (IPO)through the Receiving Section/Counter of theAdministrative, Financial and Human ResourceDevelopment Services Bureau (AFHRDSB) located at theground floor of the IPO Building.

To obtain a filing date, the following has to besubmitted:

(a) Properly filled-out Request form for a Registrationof Utility Model or Industrial Design;

(b) Name, address and signature of applicant(s); fornon-resident applicant, the name and address ofhis/her/their resident agent, and;

(c) Description of the Utility Model or Industrial Designand one or moreclaims; for Industrial Design, drawing/s and a "design"claim.

NOTE: For Utility Model application, it is advised thatany drawing/s necessary to understand the subject utilitymodel should be submitted at the time of filing so thatthere would not be a possible change in filing date due to

late submission/filing of said drawing/s. (RULE 203 of theIRR)

The other formal requirements, which are not neededto obtain a filing date, but maybe included at the time offiling are:

(a) A filing fee (for big or small entities) which maybepaid during application filing or within one month from thedate of filing. The application shall be deemedautomatically cancelled/withdrawn in case of non-payment of such fees;

(b) Drawing(s) necessary to understand the invention,and;


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(c) If the priority of an earlier filed application is beingclaimed, the details of the claim, i.e. filing date, filenumber and country of origin.

2. Formality Examination

The utility model or industrial design shall beexamined as to the completeness of the requirements forthe grant of a filing date. Under the present first to filesystem, the date of filing is very important because itdetermines, in case of a dispute with another applicant forthe same or similar utility model or industrial design, whohas the prior right and is therefore entitled to the

registration of the utility model or industrial design.

3. Formality Examination Report/Search Report

The application is classified and examined as tocompleteness of formal requirements, and a reportthereon is sent to the applicant.

4. Applicants Action on the FormalityExamination Report

Within two (2) months from the mailing date of theformality examination report and the search report, theapplicant may:

(1) convert the utility model application to anapplication for an invention patent; or

(2) withdraw the application; or(3) amend the application; or(4) request for a registrability report

The registrability report shall be given to the applicantwithin two (2) months from receipt of the request andpayment of fee from the applicant. The report shallcontain citations of relevant prior art documents withappropriate indications as to their degree of relevance

which will serve as an aid to the applicant in thedetermination of the validity of the utility model orindustrial design claim(s) in respect to newness.

(5) not act in any way


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If the application meets all the formal requirements forregistration and the Bureau does not receive any actionfrom the applicant, the utility model or industrial designshall be deemed registered provided all the required fees

are paid.

5. Publication Upon Registration of the UtilityModel or Industrial Design

Registration of the utility model or industrial designshall be published in the form of bibliographic data andrepresentative drawing, if any, in the IPO Gazette withinsix (6) months after registration.

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