How does the “First to File Rule” apply to industrial designs and layout-designs?
The “First to File Rule” governing patents applies mutatis mutandis to both industrial design and layout-design registrations. This cross-reference is established in Section 119 Intellectual Property Code of the Philippines. It means that if two people create the same design independently, the right belongs to the one who filed first. This rule encourages prompt filing with the Intellectual Property Office to secure legal rights. “119.1. The following provisions relating to patents shall apply mutatis mutandis to an industrial design registration: … Section 29 First to File Rule; … 119.3. The following provisions relating to patents shall apply mutatis mutandis to a layout -design… SECTION 29 – First to File Rule;” 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/.
