5. RESULTADOS
5.8. Marcadores cardíacos durante el seguimiento en relación con
Q. Which is better?
A. Sapalo says, an ID is better, since you have a document to hold on to, so the protection granted is easier to enforce. Some judges may still be under the erroneous impression that copyright requires registration.
Q. Can a new Camry model be protected by an ID?
A. Yes. All industrial products may be covered as long as it is original.
Q. Have you eaten instant noodles in cups? Notice the ridges which aren’t exactly necessary, but make the holding of the cup possible because it defuses the heat? Can this be subject to patent? ID?
A. Not to patent. Patent requires the thing to be new, be useful, and have industrial applicability. The ridge isn’t really useful, just makes the thing look nicer and more convenient.
Q. A invents an eraser. B invents a pencil. C places the eraser on top of the pencil. Can this be patentable?
A. No. but it can be covered by an ID.
Q. Something is not aesthetic but it is useful. How do you protect this?
A. By registering it as a utility model (UM).
Q. Please compare UM and ID.
A. UM – new & USEFUL ID – new & ornamental
Q. What is the difference between the registration of a patent and a UM/ID?
A. A patent requires a substantive examination for novelty, and a UM/ID application does not. Also, a patent application is usually processed for 2-3 years. A UM/ID application’s processing time is around 6 months.
Q. So you may never have a substantive examination in UM/ID applications?
A. Yes you may request for a search, but this is voluntary, to show that there is no risk to the licensing of the
UM/ID to your principal.
Q. Who usually avails of UM/ID?
A. Usually, local inventors, since it is cheaper and faster, but it is not very safe, since the IPO does not officially check for prior art.
Q. You file for UM, and get a registration after 6 months. After this, you file for a patent. Allowed?
A. No. This is prior art already, and it would fall under the prohibition of Sec. 111, which proscribes against simultaneous or consecutive UM/ID + patent application.
Q. What if you file and get a UM, after which you file for ID?
A. It is no longer under the proscription of Sec. 111. However, there would be no more novelty, since it is already prior art. Then again, the IPO does not conduct a substantive check. It appears that the law is not very clear on this.
"113.3. O
NLY LAYOUT-
DESIGNS OF INTEGRATED CIRCUITS THAT ARE ORIGINAL SHALL BENEFIT FROM PROTECTION UNDER THISA
CT. 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."
"SEC. 114. C
ONTENTS OF THEA
PPLICATION. - 114.1. E
VERY 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) I
NFORMATION IDENTIFYING THE APPLICANT;
"(
C) A
N 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;
ANDCHAN ROBLES VIRTUAL LAW LIBRARY
"(
E) T
HE 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. T
HE 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."
SEC. 115. S
EVERALI
NDUSTRIALD
ESIGNS INO
NEA
PPLICATION. –
TWO(2)
OR MORE INDUSTRIAL DESIGNS MAY BE THE SUBJECT OF THE SAME APPLICATION, P
ROVIDED,
THAT THEY RELATE TO THE SAME SUB-
CLASS OF THEI
NTERNATIONALC
LASSIFICATION OR TO THE SAME SET OR COMPOSITION OF ARTICLES. (N)
"SEC. 116. E
XAMINATION. - 116.1. T
HEO
FFICE 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. I
F THE APPLICATION DOES NOT MEET THESE REQUIREMENTS,
THE FILING DATE SHOULD BE THAT DATE WHEN ALL THE ELEMENTS SPECIFIED INS
EC. 114
ARE FILED OR THE MISTAKES CORRECTED. O
THERWISE,
IF THE REQUIREMENTS ARE NOT COMPLIED WITHIN THE PRESCRIBED PERIOD,
THE APPLICATION SHALL BE CONSIDERED WITHDRAWN.
"116.3. A
FTER THE APPLICATION HAS BEEN ACCORDED A FILING DATE AND THE REQUIRED FEES PAID ON TIME,
THE APPLICANT SHALL COMPLY WITH THE REQUIREMENTS OFS
EC. 114
WITHIN THE PRESCRIBED PERIOD,
OTHERWISE THE APPLICATION SHALL BE CONSIDERED WITHDRAWN.
"116.4. T
HEO
FFICE SHALL EXAMINE WHETHER THE INDUSTRIAL DESIGN OR LAYOUT-
DESIGN COMPLIES WITH REQUIREMENTS OFS
EC. 112 (D
EFINITIONS)
ANDS
EC. 113 (S
UBSTANTIVEC
ONDITIONS FORP
ROTECTION)."
"SEC. 117, R
EGISTRATION. - 117.1. W
HERE THEO
FFICE FINDS THAT THE CONDITIONS REFERRED TO INS
EC. 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. T
HE FORM AND CONTENTS OF AN INDUSTRIAL DESIGN OR LAYOUT-
DESIGN CERTIFICATE SHALL BE ESTABLISHED BY THER
EGISTRATIONS: P
ROVIDED, T
HAT THE NAME AND ADDRESS OF THE CREATOR SHALL BE MENTIONED IN EVERY CASE.
" 117.3. R
EGISTRATION SHALL BE PUBLISHED IN THE FORM AND WITHIN THE PERIOD FIXED BY THER
EGULATIONS.
" 117.4. T
HEO
FFICE 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. I
N SUCH CASE,
THE FORMER PROPRIETOR AND THE FORMER REPRESENTATIVE SHALL REMAIN SUBJECT TO THE RIGHTS AND OBLIGATIONS AS PROVIDED IN THISA
CT.
" 117.5. A
NYONE MAY INSPECT THER
EGISTER AND THE FILES OF REGISTERED INDUSTRIAL DESIGNS OR LAYOUT-
DESIGNS INCLUDING FILES OF CANCELLATION PROCEEDINGS."
CHAN ROBLES VIRTUAL LAW LIBRARY"SEC. 118. T
HET
ERM OFI
NDUSTRIALD
ESIGN ORL
AYOUT-D
ESIGNR
EGISTRATION. - 118.1. T
HE REGISTRATION OF AN INDUSTRIAL DESIGN SHALL BE FOR A PERIOD OF FIVE(5)
YEARS FROM THE FILING DATE OF THE APPLICATION.
" 118.2. T
HE 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. T
HE RENEWAL FEE SHALL BE PAID WITHIN TWELVE(12)
MONTHS PRECEDING THE EXPIRATION OF THE PERIOD OF REGISTRATION. H
OWEVER,
A GRACE PERIOD OF SIX(6)
MONTHS SHALL BE GRANTED FOR PAYMENT OF THE FEES AFTER SUCH EXPIRATION,
UPON PAYMENT OF A SURCHARGE.
"118.4. T
HER
EGULATIONS SHALL FIX THE AMOUNT OF RENEWAL FEE,
THE SURCHARGE AND OTHER REQUIREMENTS REGARDING THE RECORDING OF RENEWALS OF REGISTRATION.
" 118.5. R
EGISTRATION OF A LAYOUT-
DESIGN SHALL BE VALID FOR A PERIOD OFTEN(10)
YEARS,
WITHOUT RENEWAL,
AND SUCH VALIDITY TO BE COUNTED FROM THE DATE OF COMMENCEMENT OF THE PROTECTION ACCORDED TO THE LAYOUT-
DESIGN. T
HE PROTECTION OF A LAYOUT-
DESIGN UNDER THISA
CT SHALL COMMENCE:
"
A)
ON THE DATE OF THE FIRST COMMERCIAL EXPLOITATION,
ANYWHERE IN THE WORLD,
OF THE LAYOUT-
DESIGN BY OR WITH THE CONSENT OF THE RIGHT HOLDER: P
ROVIDED, T
HAT AN APPLICATION FOR REGISTRATION IS FILED WITH THEI
NTELLECTUALP
ROPERTYO
FFICE WITHIN TWO(2)
YEARS FROM SUCH DATE OF FIRST COMMERCIAL EXPLOITATION;
OR"
B)
ON THE FILING DATE ACCORDED TO THE APPLICATION FOR THE REGISTRATION OF THE LAYOUT-
DESIGN IF THE LAYOUT-DESIGN HAS NOT BEEN PREVIOUSLY EXPLOITED COMMERCIALLY ANYWHERE IN THE WORLD