Case Title CO SAN alias KING CHONG vs.

CELEDONIO
AGRAVA, como Director de la Oficina de
Patentes, y JOSE ONG LIAN BIO, GR No. L-
5943, April 12, 1954

Relevant Facts Director of Patents granted two industrial design

patents to the respondent Jose Ong Lian Bio for
some ornamental stripes on the edges of travel
bags without prior public or private notification.
Having found out about the patents 3 months
after they had been granted, the appellant went
to the Director of Patents requesting their
cancellation.

Argument/s of the Petitioner alleged that they are not new and
Petitioner original, but merely copies of those that the
petitioner has been using in the articles that it
manufactures and that are taken from printed
catalogs of American manufacturers of identical
articles.

Argument/s of the NA
Respondent

Decision of the Trial Court Director of Patents dismissed the petition

and/or Director of Patents because he believed he lacked legal authority to
consider it.

Decision of the Court of NA

Appeals, if applicable

Relevant Ruling of the The standard of novelty established by section 9

Supreme Court thereof for inventions shall apply to ornamental
designs.

A utility model shall not be considered "new" if,

before the application for a patent, it has been
publicly known or publicly used in the country, or
has been described in a printed publication or
publications circulated within the country, or if it
is substantially similar to any other utility model
so known, used or described within the country.

Applications for design patents and patents for

utility models shall be subject to interference
proceedings as authorized in section ten of this
Act, as amended by section one of Republic Act
Numbered 637.

Patents for designs and for utility models shall be

subject to compulsory license as authorized in
section 34 of this Act. Section 28 is applicable to

Relevance to the Topic
(include relevant provisions
of the IPL)
this case, not only because it concerns the
procedure for the cancellation of improperly
issued industrial design patents, but also
because it reflects the correct interpretation of
article 55 of the Law, at the time the request for
cancellation of patents was filed. industrial
design patents, in relation to the preceding
articles of the same law.
By virtue of the foregoing, the appealed decision
is revoked, and the matter is returned for further
proceedings in accordance with the law, with the
costs to the appellant Ong in this instance.
Dismiss the Director of Patents as a respondent
in this appeal. So it is ordered.
SEC. 28. General grounds for cancellation. —
Any person may on payment of the required fee
petition he Director within three years from the
date of publication of the issue of the patent in
the Official Gazette, to cancel the patent or any
claim thereof, on any of the following grounds:
(a) That the invention is not new or patentable in
accordance with sections seven, eight, and nine,
or that the design or utility model is not new or
patentable under section fifty-five thereof;
(b) That the specification in the case of an
invention does not comply with the requirement
of section fourteen, Chapter III hereof; or
(c) That the person to whom the patent was
issued was not the true and actual inventor,
designer or author of the utility model or did not
derive his rights from the true and actual
inventor, designer or author of the utility model.
— Republic Act No. 165, as amended by
Republic Act No. 864, section 2.
SEC. 55. Design patents and patents for utility
models. — (a) Any new, original, and ornamental
design for an article or manufacture and (b) any
new models of implements or tools or of any
industrial product, or of part of the same, which
does not possess the quality of invention, but
which is of practical utility by reason of its form,
configuration, construction or composition, may
be protected by the author thereof, the former by
a patent for a design and the latter by a patent
for a utility model, in the same manner subject to
the same provisions and requirements as relate
to patents for inventions in so far as they are
applicable, except as otherwise herein provided.