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Legislative Implementation of Flexibilities - Philippines

Title:Sections 35 (1), 39 and 61 (1) (b) of the Intellectual Property Code, Act No. 8293 of 06/06/1997 as last amended by Act No. 9502 of 2008
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Disclosure

35.-1. The application shall disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art. Where the application concerns a microbiological process or the product thereof and involves the use of a micro-organism which cannot be sufficiently disclosed in the application in such a way as to enable the invention to be carried out by a person skilled in the art, and such material is not available to the public, the application shall be supplemented by a deposit of such material with an international depository institution.

Description

2. The Regulations shall prescribe the contents of the description and the order of presentation.

The Claims

36.-1. The application shall contain one (1) or more claims which shall define the matter for which protection is sought. Each claim shall be clear and concise, and shall be supported by the description.

Information Concerning Corresponding Foreign Application for Patents

39. The applicant shall, at the request of the Director, furnish him with the date and number of any application for a patent filed by him abroad, hereafter referred to as the "foreign application," relating to the same or essentially the same invention as that claimed in the application filed with the Office and other documents relating to the foreign application. (n)

Amendment of Application

49. 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.

Cancellation of Patents

61.-1. Any interested person may, upon payment of the required fee, petition to

cancel the patent or any claim thereof, or parts of the claim, on any of the following grounds:

(b) That the patent does not disclose the invention in a manner sufficiently clear and

complete for it to be carried out by any person skilled in the art; or

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