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RA 8293 - Intellectual Property Code of the Philippines

RA 8293 - Intellectual Property Code of the Philippines

RA 8293 - Intellectual Property Code of the Philippines

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1522.5. Aes<strong>the</strong>tic creations; and22.6. Anything which is contrary to public order ormorality. (Sec. 8, R.A. No. 165a)SEC. 23. Novelty. – An invention shall not be considerednew if it forms part <strong>of</strong> a prior art. (Sec. 9, R.A. No. 165a)SEC. 24. Prior Art. – Prior art shall consist <strong>of</strong>:24.1. Everything which has been made available to <strong>the</strong>public anywhere in <strong>the</strong> world, before <strong>the</strong> filing date or <strong>the</strong> prioritydate <strong>of</strong> <strong>the</strong> application claiming <strong>the</strong> invention; and24.2. The whole contents <strong>of</strong> an application for a patent,utility model, or industrial design registration, published inaccordance with this Act, filed or effective in <strong>the</strong> <strong>Philippines</strong>,with a filing or priority date that is earlier than <strong>the</strong> filing orpriority date <strong>of</strong> <strong>the</strong> application: Provided, That <strong>the</strong> applicationwhich has validly claimed <strong>the</strong> filing date <strong>of</strong> an earlier applicationunder Section 31 <strong>of</strong> this Act, shall be prior art with effect as <strong>of</strong> <strong>the</strong>filing date <strong>of</strong> such earlier application: Provided, fur<strong>the</strong>r, That<strong>the</strong> applicant or <strong>the</strong> inventor identified in both applications arenot one and <strong>the</strong> same. (Sec. 9, R.A. No. 165a)SEC. 25. Non-Prejudicial Disclosure. – 25.1. Thedisclosure <strong>of</strong> information contained in <strong>the</strong> application during <strong>the</strong>twelve (12) months preceding <strong>the</strong> filing date or <strong>the</strong> priority date<strong>of</strong> <strong>the</strong> application shall not prejudice <strong>the</strong> applicant on <strong>the</strong> ground<strong>of</strong> lack <strong>of</strong> novelty if such disclosure was made by:(a) The inventor;(b) A patent <strong>of</strong>fice and <strong>the</strong> information was contained (a)in ano<strong>the</strong>r application filed by <strong>the</strong> inventor and should not havebeen disclosed by <strong>the</strong> <strong>of</strong>fice, or (b) in an application filed without<strong>the</strong> knowledge or consent <strong>of</strong> <strong>the</strong> inventor by a third party whichobtained <strong>the</strong> information directly or indirectly from <strong>the</strong> inventor;or

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