RA 8293 - Intellectual Property Code of the Philippines

43the original is not available, an authenticated copy thereof induplicate may be filed. Upon recording, the Office shall retainthe duplicate, return the original or the authenticated copy to theparty who filed the same and notice of the recording shall bepublished in the IPO Gazette.106.2. Such instruments shall be void as against anysubsequent purchaser or mortgagee for valuable considerationand without notice, unless, it is so recorded in the Office, withinthree (3) months from the date of said instrument, or prior to thesubsequent purchase or mortgage. (Sec. 53, R.A. No. 165a)SEC. 107. Rights of Joint Owners. – If two (2) or morepersons jointly own a patent and the invention covered thereby,either by the issuance of the patent in their joint favor or byreason of the assignment of an undivided share in the patent andinvention or by reason of the succession in title to such share,each of the joint owners shall be entitled to personally make, use,sell, or import the invention for his own profit: Provided, however,That neither of the joint owners shall be entitled to grant licensesor to assign his right, title or interest or part thereof without theconsent of the other owner or owners, or without proportionallydividing the proceeds with such other owner or owners. (Sec. 54,R.A. No. 165)CHAPTER XIIREGISTRATION OF UTILITY MODELSSEC. 108. Applicability of Provisions Relating to Patents.– 108.1. Subject to Section 109, the provisions governing patentsshall apply, mutatis mutandis, to the registration of utility models.108.2. Where the right to a patent conflicts with theright to a utility model registration in the case referred to inSection 29, the said provision shall apply as if the word "patent"were replaced by the words "patent or utility model registration."(Sec. 55, R.A. No. 165a)SEC. 109. Special Provisions Relating to Utility Models.– 109.1. (a) An invention qualifies for registration as a utilitymodel if it is new and industrially applicable.