Can an industrial design registration be cancelled if it is later found to not be new?
Yes, any person may petition to cancel an industrial design registration if the subject matter is not new. This ground for cancellation is explicitly listed in Section 120 Intellectual Property Code of the Philippines. Other grounds include the design not being registrable under the legal definitions or extending beyond the original application content. Such petitions must be filed with the Director of Legal Affairs upon payment of a fee. “SEC. 120. Cancellation of Design Registration. – 120.1. At any time during the term… any person… may petition the Director of Legal Affairs to cancel the industrial design on any of the following grounds: … (b) If the subject matter is not new;” January 3, 2026About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
