Legislative Implementation of Flexibilities - Philippines
| Title: | Rules 200-201 of the Rules and Regulations on Utility Models and Industrial Designs (as amended by Order No.61 series 2001 and Office Order No. 09 series of 2000) |
| Field of IP: | Patents |
| Type of flexibility: | Utility models |
| Summary table: |  |
Provisions of Law
Rule 200. Registrable Utility Models. - Any technical solution of a problem in any field of human activity which is new and industrially applicable shall be registrable. RULE 200. 1 Non-Registrable Utility Models. - The following shall be excluded from protection as utility models:
(a) Discoveries, scientific theories and mathematical method;
(b) Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers;
(c) Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and compositions for use in any of these methods;
(d) Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision shall not apply to microorganisms and non-biological and microbiological processes;
(e) Aesthetic creations; and
(f) Anything which is contrary to public order or morality.
Rule 200.2 Industrial Applicability. - A utility model which can be produced and used in any industry shall be industrially applicable.
Rule 201. Statutory Classes of Utility Models. - A utility model may be, or may relate to
(a) a useful machine;
(b) an implement or tool;
(c) a product or composition;
(d) a method or process; or
(e) an improvement of any of the foregoing.[As amended by Office Order No. 09 (2000)]