Finality of Bureau Directors' Decisions
- Decisions or final orders by Bureau Directors become final and executory 30 days after receipt by the appellant unless:
- A motion for reconsideration is filed within 30 days with the Bureau Director; or
- An appeal to the Director General is perfected within the same period.
- Only one motion for reconsideration is allowed.
- If the motion for reconsideration is denied, the appellant still has the remaining period of the original 30 days to perfect the appeal.
Perfection of Appeal
- 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.
- Accompanied by payment of the applicable fee (Reference Code 127 or 128).
Required Contents of Appeal Memorandum
- Must state:
- Full names, capacities, and addresses of appellants.
- Material dates proving timely filing.
- Concise statement of issues, specifying errors of fact or law committed by the Bureau Director.
- Reasons or arguments supporting the appeal.
- Accompanied by legible copies of the disputed decision or order and relevant case records.
- Must contain a certification of non-forum-shopping.
Director General's Initial Action on Appeal
- May order the adverse party and/or Bureau Director to file comments and/or transmit records within 30 days from notice.
- May require the appellant to comply with formal requirements.
- May dismiss appeals that are patently without merit or:
- Not filed within the prescribed period.
- Filed without payment of required fees.
Clarificatory Hearing
- The Director General may conduct a clarificatory hearing if deemed necessary to elucidate matters in the appeal.
Submission of Memoranda and Draft Decision
- After comments or clarificatory hearing, parties must submit memoranda and may attach draft decisions within 15 days.
- Submission requested within 5 days of receipt of comments or conclusion of hearing.
Case Submission for Decision
- Case is considered submitted for decision when:
- Parties file memoranda and draft decisions or final pleadings; or
- Prescribed time periods lapse without latest pleadings being filed.
Finality and Further Appeal of Director General's Decision
- Director General’s decisions are final and executory 15 days after receipt by parties.
- Appeals from BLA, BOP, and BOT decisions may be taken to the Court of Appeals.
- Appeals from DITTB decisions may be taken to the Secretary of the Department of Trade and Industry.
- Appeals do not stay the Director General’s order unless the higher authority directs otherwise.
- No motion for reconsideration allowed from the Director General’s decision.
Fees on Motions
- All motions filed require payment of fees as prescribed by the IPO.
Amendments to Existing Rules
- The Rules amend multiple existing IPO regulations, including those on Trademarks, Voluntary Licensing, Dispute Settlement, Inter Partes Proceedings, Administrative Complaints, Utility Models and Industrial Designs, and Inventions.
- Appeals filed before these Rules' effectivity continue under the old rules.
Separability Clause
- If any provision or its application is invalid, the remainder of these Rules remains unaffected.
Filing and Dissemination
- Three certified copies of these Rules shall be filed with the UP Law Center.
- One certified copy each shall be filed with the Office of the President, Senate, House of Representatives, Supreme Court, and National Library.
Effectivity
- The Rules become effective on 15 March 2002.
- They shall be published on the IPO website and a newspaper of general circulation not later than 28 February 2002.