Chapter XIV & Chapter XVI

FRANCIS RODCEL N. ANDUYO

Chapter XIV.
Penalty for False Marking
Section 74
Penalty for false marking. — Any person who falsely represents or indicates that
any device, article or product made or sold by him is patented as an invention
design, or utility model by making or having on the device, article or product, or
on their containers or packages, or using in advertising or displays used in
connection with them, or with any process, words expressing or implying that
the device, article, product or process is patented shall be subject to a fine of not
less than one hundred pesos nor more than one thousand pesos, or
imprisonment for not less than one month nor more than one year, or both, in
the discretion of the court. Actions hereunder shall prescribe in two years.
 Chapter XIV.
Penalty for False Marking
Section 75
Fees. — The following fees shall be paid for filing an application for patent which shall include the cost of
publication in the Official Gazette, Four Hundred Pesos, if it is an invention patent and Two Hundred
pesos, if it is a utility model or a design patent, upon filing each application and, if it is on invention
patent, Twenty-Five Pesos for each claim in excess of five claims presented on filing or at any other time.

• For issuing each original invention patent, One Hundred Pesos.

• For annual fees due at the beginning of the fifth and each succeeding year, Two Hundred Pesos each;
for surcharge for delayed payment of annual fee, Fifty Pesos; for reinstating a lapse patent, Two
Hundred Pesos; for filing a petition for cancellation, except when filed by the Solicitor General, One
Hundred Pesos; for filing a petition for compulsory license, Two Hundred Pesos; for copies of records
of the Office, Two Pesos per Photostat or Xerox copy sheet and Two Pesos per hundred words of
typewritten copy;
• For each certification of copy of any record, Twenty Pesos;
•For recording assignment, and other documents relating to title and license, Twenty Pesos;
•For notice of appeal to the Court of Appeals from the order or decision of the Director, or for Notice
of Appeal to the Director from an order or decision of the Chief Patent Examiner, Fifty Pesos;
•For renewing a design or utility model patent, One Hundred Fifty Pesos;
•For surcharge of delayed renewal of a design or utility model patent, Forty Pesos; and
•For services not otherwise specified, the Director shall provide, by regulation, the fees therefor.
•The Director may by rule fix higher fees for nationals from the developed countries.
•The Philippine Inventors Commission shall be exempt from paying the above fees but only with
respect to application filed by it in behalf of indigent inventors
Chapter XVI.
Miscellaneous
Section 76
Certain priority rights for filing application extended. — The rights of priority provided by
section nine, Chapter II; section fifteen, Chapter III; and section fifty-six, Chapter XII hereof for the
filing of applications for patent for inventions and designs, which rights had not expired on the
eighth day of December, nineteen hundred and forty-one, or which rights have arisen since the
eighth day of December, nineteen hundred and forty-one, are extended until the first day of July,
nineteen hundred and forty-eight, in favor of the citizens of the Philippines or citizens or subjects
of countries which have extended, or which now extend, or which within said period ending the
first day of July, nineteen hundred and forty-eight, shall extend substantially reciprocal privileges
to citizens of the Philippines.
Chapter XVI.
Miscellaneous
Section 77
Disqualification of officers and employees from acquiring patents and design registrations. —
All officers and employees of the Office shall not, during their employment or for one year
thereafter, apply for a grant of patent or for the registration of a design, or acquire, directly or
indirectly, except by hereditary succession, any patent of invention or design registration, or any
right, title or interest therein.
Section 78
Rules and regulations. — The Director, subject to the approval of the Department Head, shall
promulgate the necessary rules and regulations, not inconsistent with law, for the conduct of all
business in the Patent Office.
Chapter XVI.
Miscellaneous
The Director may prescribe rules and regulations governing the recognition of
attorneys, agents, or other persons representing applicants or other parties before
his office in patent and trademark cases, and may require such persons, attorneys or
agents, before being recognized as representatives of applicants or other persons,
that they shall show that they are of good moral character and in good repute, are
possessed of the necessary qualifications to enable them to render to applicants or
other persons valuable service, and are likewise competent to advise and assist
applicants or other persons in the presentation or prosecution of their applications
or other business before the Office.
Chapter XVI.
Miscellaneous
And the Director of Patents may, after notice and opportunity for a hearing,
suspend or exclude, either generally or in any particular case, from further
practice before his office any person, attorney, or agent shown to be
incompetent or disreputable, or guilty of gross misconduct, or gross discourtesy
or disrespect towards any Patent Office official or examiner while the latter is in
the discharge of his official duty, or who refuses to comply with the rules and
regulations of the Patent Office, or who shall, with intent to defraud in any
manner, deceive, mislead, or threaten any applicant or prospective applicant or
other person having immediate or prospective business before the office, by
word, circular, letter, or by advertising.
Chapter XVI.
Miscellaneous
The reasons for any such suspension or exclusion shall be duly recorded. And the
action of the director may be reviewed upon the petition of the person so
refused recognition or so suspended or excluded by the Supreme Court under
such conditions and upon such proceedings as the said Court may by its rules
determine.
Chapter XVI.
Miscellaneous
It shall be unlawful for any person who has not been duly recognized to practice before the
Patent Office in accordance with the provisions of this section and the rules of practice before
the Patent Office to hold himself out or knowingly permit himself to be held out as a patent or
trademark solicitor, patent or trademark agent, or patent or trademark attorney, or otherwise in
any manner hold himself out, either directly or indirectly, as authorized to represent applicants
for patent or trademark in their business before the patent office, and it shall be unlawful for any
person who has, under the authority of this section, been disbarred or excluded from practice
before the Patent Office, and has not been reinstated, to hold himself out in any manner
whatever as entitled to represent or assist persons in the transaction of business before the
Patent Office; and any offense against the foregoing provision shall be a misdemeanor and be
punished by a fine of not less than one hundred pesos and not exceeding one thousand pesos.
Chapter XVI.
Miscellaneous
• Section 79

Records to be public. — The records of the Office shall be open to public inspection, and any
person may obtain an authenticated copy thereof on payment of the prescribed fees.
• Section 80

Repealing clause. — Acts Numbered Twenty-two hundred and thirty-five, Twenty-seven hundred
and ninety-three, as amended, and all other acts, or parts of acts, inconsistent herewith, are
hereby repealed.
• Section 81

Reservation of prior rights. — Any rights acquired under laws existing prior to the taking effect of
this Act are hereby respected and preserved.
 Chapter XVI.
Miscellaneous
• Section 82

Appropriation. — The sum of seventy-five thousand pesos, or so much thereof as may be

necessary, is hereby appropriated out of any funds in the National Treasury not otherwise
appropriated, for the initial expenses of the Office, including organization expenses, salaries,
supplies, equipment, and other sundry expenses until June thirtieth, nineteen hundred and forty-
eight.
• Section 82-A

The Director shall be authorized to use and spend a portion not to exceed fifty per cent of the
Office's total income for the improvement of facilities and services as well as for equipment outlay,
for implementation of this Act including expenses for participation in the World Intellectual
Property Organization and similar organizations concerned with international cooperation in the
expeditious processing of patent applications.
• Section 83

Effective date. — This Act shall take effect on its approval.

That’s all
hehehe.