Philippine IP office tackles divisional patent applications

By Editha Hechanova and Chrissie Ann L Barredo, Hechanova & Co
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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.

Editha HechanovaPresident and CEO of Hechanova & CoManaging partner of Hechanova Bugay Vilchez & Andaya-Racadio
Editha Hechanova
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applied for by the applicant, must be filed, resulting in some cases to the unelected claims being permanently deemed withdrawn for failure to timely file the divisional application.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.

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Editha Hechanova is president and CEO of Hechanova & Co, and Chrissie Ann L Barredo is patent manager and senior associate lawyer at the firm

Hechanova Group

Hechanova & Co

Ground Floor, Salustiana D Ty Tower,

104 Paseo de Roxas corner Perea Street,

Legaspi Village, Makati City,

Philippines 1229

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Tel: +63 2888 4293

Email: mail@hechanova.com.ph

www.hechanova.com.ph

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