Does the law allow an applicant to file parallel applications for both a patent and a utility model for the same subject?
The Intellectual Property Code strictly prohibits the filing of two applications for the same subject matter, one for a utility model and another for a patent. This prohibition is stated in Section 111 Intellectual Property Code of the Philippines. It applies regardless of whether the applications are filed simultaneously or consecutively. This rule prevents double patenting and ensures that an inventor chooses a single form of protection for their specific invention. “SEC. 111. Prohibition against Filing of Parallel Applications. – An applicant may not file two (2) applications for the same subject, one for utility model registration and the other for the grant of a patent whether simultaneously or consecutively.” 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/.
