What are the substantive requirements for an invention to qualify as a utility model?
An invention qualifies for registration as a utility model if it is found to be both new and industrially applicable. This requirement is explicitly stated under Section 109 Intellectual Property Code of the Philippines. Unlike standard patents, a utility model does not need to demonstrate an inventive step to receive protection. This allows for the protection of practical innovations that improve existing products or processes. “SEC. 109. Special Provisions Relating to Utility Models. – 109.1 (a) An invention qualifies for registration as a utility model if it is new and industrially applicable. b) Section 21, ‘Patentable Inventions’, shall apply except the reference to inventive step as a condition of protection.” 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/.
