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Patent Law Practice Clarified

The Philippine Lawyer's Association challenged a circular by the Director of the Philippine Patent Office that required an examination to practice as a patent attorney. The Association argued that being a licensed lawyer in the Philippines was sufficient qualification. The Director maintained patent cases require scientific knowledge in addition to legal skills. The Court held that practicing before the Patent Office is part of the practice of law since it involves interpreting laws and legal principles. As the Director exercises quasi-judicial functions, licensed lawyers should be allowed to practice without additional examinations given their legal knowledge and training.

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Marion Nerisse Kho
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276 views1 page

Patent Law Practice Clarified

The Philippine Lawyer's Association challenged a circular by the Director of the Philippine Patent Office that required an examination to practice as a patent attorney. The Association argued that being a licensed lawyer in the Philippines was sufficient qualification. The Director maintained patent cases require scientific knowledge in addition to legal skills. The Court held that practicing before the Patent Office is part of the practice of law since it involves interpreting laws and legal principles. As the Director exercises quasi-judicial functions, licensed lawyers should be allowed to practice without additional examinations given their legal knowledge and training.

Uploaded by

Marion Nerisse Kho
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Philippine Lawyers Association vs.

Agrava
Facts:
Respondent Director of the Philippine Patent Office issued a circular announcing an examination schedule for the
purpose of determining who are qualified to practice as patent attorneys before the Philippine Patent Office, the said
examination to cover patent law and jurisprudence and the rules of practice before said office. According to said
circular, members of the Philippine Bar, engineers and other persons with sufficient scientific and technical training
are qualified. Petitioners contend that one who has passed the bar exams and licensed by the Supreme Court to
practice law in the Philippines is duly qualified to practice before the said office.
On the other hand, respondent Director maintains that the prosecution of patent cases does not involve entirely the
practice of law but includes the application of scientific and technical knowledge and training.
ISSUE:
W/N the appearance before the Philippine Patent Office is included in the practice of law
HELD:
YES. The practice of law includes such appearance before the Patent Office, the representation of applicants,
oppositors, and other persons, and the prosecution of their applications for patent, their oppositions thereto or the
enforcement of their rights in patent cases. The practice before the Patent Office involves the interpretation and
application of other laws and legal principles.
Furthermore, the Director of Patents, exercising as he does judicial or quasi-judicial functions, it is reasonable to hold
that a member of the bar, because of his legal knowledge and training, should be allowed to practice before the said
office, without further examination or other qualification.

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