The IP Code requires unity of invention in a patent application, and if the application contains several independent inventions that do not form a single general inventive concept, the director of patents may require that the application be restricted to a single invention, which gives rise to divisional applications.
President and CEO of Hechanova & Co
Managing partner of Hechanova Bugay Vilchez & Andaya-Racadio
There has been some confusion as to when divisional applications, whether borne out of an order to restrict, or voluntarily applied for by the applicant, must be filed, resulting in some cases to the unelected claims being permanently deemed withdrawn for failure to timely file the divisional application.
In a recent decision by the Office of the Director General (ODG) of the Intellectual Property Office of the Philippines (IPOPHL) (Takeda Pharmaceutical Co Ltd v Director of Patents, 20 July 2018), this issue was tackled.
You must be a
subscribersubscribersubscribersubscriber
to read this content, please
subscribesubscribesubscribesubscribe
today.
For group subscribers, please click here to access.
Interested in group subscription? Please contact us.
你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章，欢迎成为我们的订阅会员成为我们的订阅会员。
Editha Hechanova is president and CEO of Hechanova & Co, and Chrissie Ann L Barredo is patent manager and senior associate lawyer at the firm
Ground Floor, Salustiana D Ty Tower,
104 Paseo de Roxas corner Perea Street,
Legaspi Village, Makati City,
Philippines 1229
Contact details:
Tel: +63 2888 4293
Email: mail@hechanova.com.ph
