On what grounds can a utility model registration be cancelled regarding its eligibility?
A utility model registration may be cancelled if the claimed invention does not meet the legal requirements for registrability. This ground is specified under Section 109 Intellectual Property Code of the Philippines in reference to its substantive conditions. Specifically, it must qualify under the criteria of novelty and industrial applicability as defined in the code. If the invention falls under non-patentable subject matter, it may also face cancellation. “109.4. In proceedings under Sections 61 to 64, the utility model registration shall be cancelled on the following grounds: (a) That the claimed invention does not qualify for registration as a utility model and does not meet the requirements of registrability, in particular having regard to Subsection 109.1 and Sections 22, 23, 24 and 27;” 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/.
