How do the provisions governing patents apply to the registration of utility models?
According to Section 108 Intellectual Property Code of the Philippines, the provisions governing patents apply mutatis mutandis to utility model registrations. This application is subject to specific exceptions provided in Section 109 of the same law. If a conflict arises between a patent right and a utility model registration, specific priority rules must be followed. This ensures a consistent legal framework for protecting different types of technical inventions in the Philippines. “SEC. 108. Applicability of Provisions Relating to Patents. – 108.1. Subject to Section 109, the provisions governing patents shall apply, mutatis mutandis, to the registration of utility models. 108.2. Where the right to a patent conflicts with the right to a utility model registration in the case referred to in Section 29, the said provision shall apply as if the word ‘patent’ were replaced by the words ‘patent or utility model registration.'” 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/.
