B the conduct in assisting clients with their patent

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b. The conduct in assisting clients with their patent application involves largely the interpretation of the Patent Law and other related laws and the presentation of evidence to establish facts for which lawyers are trained to perform. ii. No. a. The Philippine Patent Law is silent about the power of the Director to impose qualifications such as sufficient knowledge and expertise in the scientific and technical matters related to patent application that may take the form of an examination. Unlike the US Patent Law, our own law only requires that the rules and regulations promulgated by the Dir of Patent are not inconsistent with law. b. If the Patent Dir will be allowed as the head of the Patent Office to require examinations for the practice of lawyers before his office, then other bureaus chiefs may also be allowed to conduct similar examinations.
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c. The functions of the Patent Director are judicial and quasi-judicial in nature so much so that his orders and decisions are subject to be taken before the Supreme Court. - Lawyers authorized by SC to practice law and are in good standing may practice their profession before the Patent’s Office.
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3. Khan v Simbillo Facts: i. Resp Atty. Rizalino Simbillo advertised in the PDI and MB his legal services for annulment cases ii. Upon investigation by the Pub Info Office, it was confirmed that Simbillo is offering his services to interested clients. iii. Ismael Khan, chief of the PIO, filed an administrative charge vs resp for improper advertising and solicitation of his legal services in violation of the Code of Professional Responsibility iv. Resp argues that advertising or solicitation is not per se a prohibited act: a. Public interest is not served by the absolute prohibition b. It’s time for the Court to promulgate a ruling that such advertisement is not contrary to law, public policy and public order. v. The IBP found the resp guilty and suspended him from the practice of law for 1 year, writing it in a resolution Issues : W/N resp’s act was a violation of the Code of Professional Responsibility Ruling : Yes. i. Rules 2.03 and 3.01 of the Code states that a lawyer is prohibited from performing acts designed to solicit legal business and that he is not permitted to use self-laudatory or unfair statement or claim regarding his qualifications or legal services. ii. Practice of Law is not a business. It is a profession with public interest as the primary duty. It’s not a money-making venture and law advocacy is not a capital that necessarily yields profits. The duty is to public service and the administration of justice. Elements that distinguish it from business: a. A duty of public service, of which the emolument is a by-product, and in which one may attain the highest eminence without making much money; b. A relation as an “officer of the court” to the administration of justice involving thorough sincerity, integrity and reliability; c. A relation to clients in the highest degree of fiduciary; d.
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