Question & AnswerQ&A (IPO OFFICE ORDER NO. 12, S. 2002, FEBRUARY 08, 2002)
The rules are known as the IPO Uniform Rules on Appeal.
They cover decisions or final orders rendered by the Director of the Documentation, Information and Technology Transfer Bureau (DITTB), the Director of the Bureau of Legal Affairs (BLA), the Director of the Bureau of Patents (BOP), and the Director of the Bureau of Trademarks (BOT).
Decisions or final orders become final and executory 30 days after receipt of a copy by the appellant unless within this period a motion for reconsideration or an appeal to the Director General is filed.
Only one motion for reconsideration of the decision or order of the Bureau Director is allowed.
An appeal is perfected by filing an appeal memorandum in three legible copies with proof of service to the Bureau Director and adverse party, if any, and upon payment of the applicable fee as per the IPO Fee Structure.
It must contain: the full name, capacity, and address of appellant(s); dates showing timely filing; a concise statement of issues and errors of fact or law committed; copies of decision or order and supporting records; and a certification of non-forum-shopping.
The Director General may order the adverse party or Bureau Director to file comments, order the appellant to complete requirements, or dismiss the appeal if patently without merit or if procedural requirements are not met.
No, the Director General may set a clarificatory hearing if necessary.
Parties must submit their memoranda and any draft decisions within 15 days from notice, which is required by the Director General within 5 days after filing of comments or hearing.
A case is deemed submitted after filing of memoranda and draft decisions by parties or after the lapse of prescribed periods set by the rules or the Director General, even if pleadings are not submitted.
The decision or order is final and executory 15 days after receipt unless appealed to the Court of Appeals or the Secretary of the Department of Trade and Industry. No motion for reconsideration of the Director General's decision is allowed.
Appeals from decisions or final orders of the DITTB may be taken to the Secretary of the Department of Trade and Industry.
No, the appeal does not stay the decision or order unless the Court of Appeals or the Secretary of the Department of Trade and Industry directs otherwise.
Yes, all motions filed by the appellant require payment of the corresponding fees prescribed by the IPO.
Such cases continue to be governed by the applicable rules under which the appeals were originally filed.
If any provision or its application is held invalid, the remainder of the rules remains unaffected.
They took effect on March 15, 2002, after publication on the IPO website and in a newspaper of general circulation not later than February 28, 2002.
Three certified copies with the UP Law Center; one each with the Office of the President, the Senate, the House of Representatives, the Supreme Court, and the National Library.