RULE 300. Definition of Industrial Design. – An industrial design is any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors: Provided that, such composition or form should give a special appearance to and can serve as pattern for an industrial product or handicraft that are new or original.
RULE 301. Requisites for Registrability of Industrial Design. – In order to be registrable, an industrial design must be any new or original creation relating to the ornamental features of shape, configuration, form, or combination thereof, of an article of manufacture, whether or not associated with lines, patterns or colors, which imparts an aesthetic and pleasing appearance to the article. The design which is embodied in any composition of lines, patterns or colors must be inseparable from the article and cannot exist alone merely as a scheme of surface ornamentation.
An article of manufacture is defined as anything which belongs to the useful or practical art, or any part thereof, which can be made and sold separately.
Industrial designs that are dictated essentially by technical or functional considerations to obtain a technical result or those that are contrary to public order, health or morals, are not registrable.” [As amended by Office Order No. 09 (2000)]
RULE 301.1. Requisites for Registrability Explained. – The object of the statute is to encourage the decorative arts and a design, which merely pleases the eye, is a proper subject matter for a design registration. That is to say, a registrable design must not only be new or original, but ornamental as well. Ornamentation implies beauty, the giving of a pleasing appearance to an object or article. Registrable design must therefore show a variance which enhances the aesthetic beauty and attractive appearance of the article and which significantly differs from known design features or combination of known design features.
RULE 302. Degree of Novelty Required. – The standard of novelty established by Sections 23 (Novelty) and 25 (Non-prejudicial disclosure) of the IP Code applies to industrial designs: provided that the period of twelve (12) months specified in Section 25 shall be six (6) months in the case of designs.
An industrial design shall not be considered new if it differs from prior designs only in minor respects that it can be mistaken as such prior designs by an ordinary observer.
RULE 303. Filing Date of Industrial Design Application. – The Bureau shall accord as the filing date of an application for industrial design registration the date on which the Bureau received the following elements:
(a) Indications allowing the identity of the applicant to be established; and,
(b) A representation of the article embodying the industrial design or a pictorial representation thereof.
If these requirements are not received by the Bureau upon the filing of the application, it shall nevertheless accept the application and accord as the filing date the date on which all the formal requirements for registration are filed or the mistakes are corrected in accordance with these Regulations.
RULE 304. First to File Rule. – If two or more persons have made the same design separately and independently of each other, the right to the design registration shall belong to the person who filed an application for such design, or where two or more applications are filed for the same design to the applicant who has the earliest filing date or the earliest priority date.
RULE 305. Right of Priority for Design. – An application for design filed by any person who has previously applied for the same design in another country which by treaty, convention, or law affords similar privileges to Filipino citizens, shall be considered as filed as of the date of filing the foreign application: Provided, That: (a) the local application expressly claims priority; (b) it is filed within six  months from the earliest filing date of the corresponding foreign application; and (c) a certified copy of the foreign application together with an English translation is filed within six  months from the date of filing in the Philippines.
RULE 306. Registration of Industrial Design. If the application meets the requirements of the IP Code and these Regulations, including the requirement of novelty or originality, the Bureau shall effect the registration of the industrial design, Provided, that all fees are paid on time. [As amended by Office Order No. 61 (2001),]
RULE 307. Formality Examination of Industrial Design Application. – The industrial application shall be classified and examined as to the completeness of the formal requirements prescribed in these Regulations and a report thereon shall be transmitted to the applicant. The formality examination shall take into account the parts of these Regulations on: (a) the right to an industrial design registration, (b) who may apply for an design registration, (c) filing date requirements and (d) other formality requirements. [As amended Office Order No. 09 (2000)]
RULE 308. Applicant’s Action on the Formality Examination Report and the Search Report. – Within two (2) months from the mailing date of the formality examination report, the applicant may: (1) voluntarily withdraw the application, (2) amend the application, or, (3) upon payment of the required fee, request for a registrability report. [As amended Office Order No. 09 (2000)]
RULE 308.1. Voluntary Withdrawal. – The application shall be deemed withdrawn and all files expunged from the records of the Bureau upon receipt of the applicant’s voluntary withdrawal.
RULE 308.2. Amended Applications. – The amended application shall be classified and subjected to formality examination. Report thereon shall be submitted to the applicant within two (2) months from receipt of the amended application. Within two (2) months from mailing date of the formality examination report on the amended application, the applicant may: (1) withdraw the application, or, (2) upon payment of the required fee, request for a registrability report. [As amended Office Order No. 09 (2000)]
RULE 308.3. No Action On The Part Of The Applicant Where Formal Requirements Are Complete. Where the application meets all the formal requirements for registrability and the Bureau fails to receive any action from the applicant, the industrial design application shall be published upon the expiration of two (2) months from the mailing date of the formality report, provided the issuance, publication and all the required fees have been fully paid. [As amended Office Order No. 61 (2001)]
RULE 308.4. No Action on the Part of Applicant where Formal Requirements are not Complete. – Where the application fails to meet any of the formal requirements for registration and the Bureau fails to receive any action from the applicant, the application shall be deemed withdrawn and all files thereon shall be expunged from the records of the Bureau upon the expiration of two (2) months from the mailing date of the formality examination report. The Bureau may return to the applicant all the files expunged from its records.
RULE 308.5. Registrability Report. The report shall contain citations of relevant prior art documents with appropriate indications as to their degree of relevance. It will serve as an aid to the applicant or to third parties including judicial and quasi-judicial bodies, in the determination of the validity of the industrial design claim(s) in respect to newness. [As amended Office Order No. 61 (2001)]
The registrability report shall be given within two (2) months from receipt of the request and upon payment of fees. If the applicant has requested for a registrability report prior to the publication of the industrial design application, the registrability report shall be included in the publication of the industrial design application. [As amended Office Order No. 61 (2001)]
RULE 308.6. Non-Payment of Issuance and Publication Fees. -Where the application meets all the formal requirements for registrability and the applicant fails to pay the issuance and publication for within the prescribed period, the industrial design application shall be deemed withdrawn.
RULE 308.7. Final Action. – Where the applicant fails to file a complete response to the formality examination report, any subsequent formality examination report submitted to the applicant shall be a final action which may be appealed to the Director in a manner provided for in these regulations. [As amended Office Order No. 09(2000)]
RULE 309. The Application. – An application for industrial design registration and other correspondences shall be in Filipino or English and must be addressed to the Director of the Bureau.
The application shall contain the following:
(a) A completely filled-out request for registration as prescribed by the Bureau containing the name and address of the applicant or where the applicant is not the designer, a statement indicating the origin of the right to the industrial design; and, an indication of the kind of article of manufacture to which the design shall be applied;
(b) Specification containing the following:
2. brief description of the different views of the drawings.
3. characteristic-feature description of the design;
(c) Drawings of the different views of the design showing the complete appearance thereof including the signature of the applicant or representative. The Bureau may also accept photographs or other adequate graphic representation of the design provided the same comply with the requirements of these Regulations regarding drawings of industrial designs.
RULE 310. Fees. – An application for an industrial design registration shall be subject to the payment of the filing fee. The application shall be deemed forfeited if the filing fee is not paid within one (1) month from the date that the application was received by the Office. [As amended Office Order No. 09(2000)]
RULE 311. Specimen. – The Bureau of Patents may require that the application be accompanied by a “specimen” of the article embodying the industrial design which requirement shall be subject to the payment of the prescribed fee within one (1) month from submission of such specimen. The specimen is defined as a sample or unit of the industrial product that is deliberately selected for examination, display or study and chosen as typical of its kind.
RULE 312. Special Form of Specification for Application for Registration of Industrial Design. – The application for registration of industrial design shall include a specification containing the following matters, arranged in the order hereunder shown:
(a) Title of the design;
(b) Detailed description of the several views or figures of the formal drawings;
(c) Statement of the characteristic features of the design, if required; and
RULE 312.1. Title. – The title of the design must technically designate the particular article embodying the design.
RULE 312.2. Brief Description of the Several Views of the Drawings. – Every view of the drawing should be briefly described, i.e. perspective, front, side, top, bottom and/or back, and indicated with corresponding figure numbers.
RULE 312.3. Characteristic-Feature Description. – A characteristic – feature statement describing the particular novel and ornamental features of the claimed design which are considered to be dominant.
RULE 312.4. Claim. – The claim shall be in formal terms to the ornamental design for the article (specifying name) substantially as shown and described. More than one claim is neither required nor permitted.
RULE 312.5. Special Requirements for the Drawing of an Industrial Design. – In addition to the drawings being made in conformity with the common rules laid down for drawings for utility models and industrial designs, the drawings for an industrial design must comprise sufficient number of views to constitute a complete disclosure of the appearance of the article. Appropriate surface shadings must be used to show the character or contour of the surfaces represented. In case of a color claim, a cross-sectional view of the design may be required in lieu of surface shading, and the color coding based on the color chart as prescribed by the Bureau should be applied.
RULE 312.6. Requirements for Graphic Representation of Industrial Designs. – Graphic representation of industrial design such as computer aided drawing (CAD) in lieu of the India Ink Drawing could be accepted provided that such should be made in conformity with these Regulations particularly with request to the special requirements for drawing of an industrial design.
RULE 313. Several Industrial Design in One Application. – More than one embodiment of an industrial design in one application may be permissible in a proper case. A number of articles presented should not be patentably distinct from each other, and they should be of substantially similar dominant design features that are embodied in a single design concept. They must relate to the same subclass of the International Classification or to the same set or composition of articles. A “set of articles” which is customarily sold or used together as a set may be made a proper subject matter in one application for design registration provided that each article is of, or has, the same design or a substantially similar design.
RULE 313.1. Restriction; Division. – A restriction or division of multiple design embodiments may be deemed proper if two or more independent or distinct designs are presented in one design application for registration.
RULE 314. Publication of the Industrial Design Application. An application which meets the formal requirements shall be published in the form of bibliographic data and representative drawing, if any, in the IPO Gazette. If an applicant has previously requested for a registrability report, the publication shall include the registrability report. [As amended Office Order No. 61(2001)]
RULE 314.1 Adverse Information. Effects. Within two (2) months from publication of the industrial design application, any interested party may request the Director for a registrability report and/or furnish the Director information, evidence or data in writing and under oath, showing that the industrial design is not new. The Director may require such third party to submit relevant and collateral facts or data to substantiate the furnished information. [As amended Office Order No. 61(2001)]
Within two (2) months from receipt of the request and/or adverse information, the Director shall decide whether or not to register the industrial design and shall issue the registrability report, if one has been requested. The Director may also issue a registrability report motu proprio within the same two (2)-month period. [As amended Office Order No. 61(2001)]
In case the Director refuses or denies the registration of the industrial design, the applicant may appeal such decision to the Director General pursuant to Section 7.1 (b) of the IP -Code and in accordance with Part 7 of these Regulations. [As amended Office Order No. 61(2001)]
In case the Director allows the registration, any interested party may file a petition for cancellation with the Bureau of Legal Affairs in accordance with Section 120 of the IP Code and in accordance with the Regulations on Inter Partes Proceedings. [As amended Office Order No. 61(2001)]
If the Director receives no adverse information within the 2-month period, he shall certify to that effect and direct the preparation and issuance of the certificate of registration with effect as of the date of publication of the industrial design application. [As amended Office Order No. 61(2001)]
RULE 315. Term of Industrial Design Registration. – The terms shall be five (5) years from the filing date of the application and may be renewed for not more than two (2) consecutive periods of five (5) years each, by paying the renewal fee (Secs. 118.1 and 118.2, R.A. 8293).
However, taking into account the first-to-file rule, the volume of applications pending upon the effectivity of the IP Code and the time that has lapsed between the effectivity of the IP Code and the effectivity of these Regulations:
(a) The first term of the industrial registrations filed prior to the effectivity of, and processed under, the IP Code shall end five (5) years from the effectivity of these Regulations.
(b) The first term of the industrial registrations filed under the IP Code and pending upon the effectivity of these Regulations shall end five (5) years from the effectivity of these Regulations.
RULE 316. The Renewal Fee. – The renewal fee shall be paid within twelve (12) months preceding the expiration of the period of registration. A grace period of six (6) months shall be granted for payment of the fees after such expiration, upon payment of a surcharge.
RULE 317. Cancellation of Design Registration. – At any time during the term industrial design registration, any person upon payment of the required fee, may petition the Director of Legal Affairs of the Office to cancel the industrial design on any of the following grounds:
(a) If the subject matter of the industrial design is not registrable within the terms of Sections 112 and 113 of the IP Code;
(b) If the subject matter is not new; or
(c) If the subject matter of the industrial design extends beyond the content of the application as originally filed.
[As amended Office Order No. 09(2000)]
RULE 317.1. Where the grounds for cancellation relate to a part of the industrial design, cancellation may be effected to such extent only. The restriction may be effected in the form of an alteration of the effected features of the design.