THE LAW ON PATENTS

PATENTABILITY
PATENTABLE INVENTIONS. Any technical solution of a problem in any field of
human activity which is new, involves an inventive step and is industrially
applicable shall be Patentable. It may be, or may relate to, a product, or
process, or an improvement of any of the foregoing. (SECTION 21) (Sec. 7,
R.A. No. 165a)

SECTION 23. Novelty. — An invention shall not be considered new if it forms

part of a prior art. (Sec. 9, R.A. No. 165a)

SEC 5. CHEAP MEDICINES ACT (RA9502) - in the case of drugs

and medicines, the mere discovery of a new form or new property
of a known substance which does not result in the enhancement of
the known efficacy of that substance, or the mere discovery of any
new property or new use for a known substance, or the mere use of
a known process unless such known process results in a new
product that employs at least one new reactant.

"For the purpose of this clause, salts, esters, ethers, polymorphs,

metabolites, pure form, particle size, isomers, mixtures of isomers,
complexes, combinations, and other derivatives of a known
substance shall be considered to be the same substance, unless
they differ significantly in properties with regard to efficacy;

SECTION 24. Prior Art. — Prior art shall consist of:

24.1. Everything which has been made available to the public

anywhere in the world, before the filing date or the priority date
of the application claiming the invention; and

24.2. The whole contents of an application for a patent, utility model, or

industrial design registration, published in accordance with this
Act, filed or effective in the Philippines, with a filing or priority
date that is earlier than the filing or priority date of the
application: Provided, That the application which has validly
claimed the filing date of an earlier application under Section 31
of this Act, shall be prior art with effect as of the filing date of
such earlier application: Provided further, That the applicant or
the inventor identified in both applications are not one and the
same. (Sec. 9, R.A. No. 165a)
SECTION 25. Non-Prejudicial Disclosure.

25.1. The disclosure of information contained in the application during

the twelve (12) months preceding the filing date or the priority
date of the application shall not prejudice the applicant on the
ground of lack of novelty if such disclosure was made by:

(a) The inventor;

(b) A patent office and the information was contained (a)

in another application filed by the inventor and should
not have been disclosed by the office, or (b) in an
application filed without the knowledge or consent of
the inventor by a third party which obtained the
information directly or indirectly from the inventor; or

(c) A third party which obtained the information directly or

indirectly from the inventor.

25.2. For the purposes of Subsection 25.1, "inventor" also means

any person who, at the filing date of application, had the
right to the patent. (n)

SECTION 26. Inventive Step. — An invention involves an inventive step if,

having regard to prior art, it is not obvious to a person skilled
in the art at the time of the filing date or priority date of the
application claiming the invention. (n)

SEC 5 CHEAP MEDICINES ACT "26.2. In the case of drugs

and medicines, there is no inventive step if the invention results
from the mere discovery of a new form or new property of a
known substance which does not result in the enhancement of
the known efficacy of that substance, or the mere discovery of
any new property or new use for a known substance, or the
mere use of a known process unless such known process
results in a new product that employs at least one new
reactant."

SECTION 27. Industrial Applicability. — An invention that can be produced

and used in any industry shall be industrially applicable. (n)
NON-PATENTABLE INVENTIONS. The following shall be excluded from patent
protection (SECTION 22):

22.1. Discoveries, scientific theories and mathematical methods;

22.2. Schemes, rules and methods of performing mental acts, playing
games or doing business, and programs for computers;
22.3. Methods for treatment of the human or animal body by surgery or
therapy and diagnostic methods practiced on the human or animal
body. This provision shall not apply to products and composition for
use in any of these methods;
22.4. Plant varieties or animal breeds or essentially biological process for
the production of plants or animals. This provision shall not apply to
micro-organisms and non-biological and microbiological processes.

Provisions under this subsection shall not preclude Congress to consider the
enactment of a law providing sui generis protection of plant varieties and
animal breeds and a system of community intellectual rights protection.

22.5. Aesthetic creations; and

22.6. Anything which is contrary to public order or morality. (Sec. 8, R.A.
No. 165a)

RIGHT TO A PATENT
FIRST TO FILE RULE. If two (2) or more persons have made the invention
separately and independently of each other, the right to the patent shall belong to
the person who filed an application for such invention, or where two or more
applications are filed for the same invention, to the applicant who has the
earliest filing date or, the earliest priority date. (3rd sentence, Sec. 10, R.A.
No. 165a.) (SECTION 29)

SECTION 28. The right to a patent belongs to the inventor, his heirs, or
assigns. When two (2) or more persons have jointly made an
invention, the right to a patent shall belong to them jointly. (Sec.
10, R.A. No. 165a)

SECTION 30. INVENTIONS CREATED PURSUANT TO A COMMISSION.

30.1. The person who commissions the work shall own the patent,
unless otherwise provided in the contract.

30.2. In case the employee made the invention in the course of his
employment contract, the patent shall belong to:
(a) The employee, if the inventive activity is not a part of his regular
duties even if the employee uses the time, facilities and
materials of the employer.
 (b) The employer, if the invention is the result of the performance of
his regularly-assigned duties, unless there is an agreement,
express or implied, to the contrary. (n)

SECTION 31. RIGHT OF PRIORITY. — An application for patent filed by any

person who has previously applied for the same invention in
another country which by treaty, convention, or law affords
similar privileges to Filipino citizens, shall be considered as filed
as of the date of filing the foreign application: Provided, That: (a)
the local application expressly claims priority; (b) it is filed within
twelve (12) months from the date the earliest foreign
application was filed; and (c) a certified copy of the foreign
application together with an English translation is filed within six
(6) months from the date of filing in the Philippines. (Sec. 15,
R.A. No. 165a)

SECTION 54. TERM OF PATENT. The term of a patent shall be twenty (20)
years from the filing date of the application. (Sec. 21, R.A. No.
165a)

SECTION 61. CANCELLATION OF PATENTS.

61.1. Any interested person may, upon payment of the required fee,
petition to cancel the patent or any claim thereof, or parts of the
claim, on any of the following grounds:
(a) That what is claimed as the invention is not new or Patentable;
(b) That the patent does not disclose the invention in a manner
sufficiently clear and complete for it to be carried out by
any person skilled in the art; or
(c) That the patent is contrary to public order or morality.
61.2. Where the grounds for cancellation relate to some of the
claims or parts of the claim, cancellation may be effected to
such extent only. (Secs. 28 and 29, R.A. No. 165a)
RIGHTS OF PATENTEES AND INFRINGEMENT OF PATENTS

PATENT RIGHTS
SECTION 71. RIGHTS CONFERRED BY PATENT.

71.1. A patent shall confer on its owner the following exclusive rights:

(a) Where the subject matter of a patent is a product, to restrain,

prohibit and prevent any unauthorized person or entity from
making, using, offering for sale, selling or importing that
product;
 (b) Where the subject matter of a patent is a process, to restrain,
prevent or prohibit any unauthorized person or entity from using
the process, and from manufacturing, dealing in, using, selling
or offering for sale, or importing any product obtained directly or
indirectly from such process.

71.2. Patent owners shall also have the right to assign, or transfer by
succession the patent, and to conclude licensing contracts for
the same. (Sec. 37, R.A. No. 165a)

SECTION 72. LIMITATIONS OF PATENT RIGHTS. The owner of a patent has

no right to prevent third parties from performing, without his
authorization, the acts referred to in Section 71 hereof in the
following circumstances:

72.1. (DOCTRINE OF NATIONAL EXHAUSTION) Using a patented

product which has been put on the market in the Philippines by
the owner of the product, or with his express consent, insofar as
such use is performed after that product has been so put on the
said market;

SEC 7 CHEAP MEDICINES ACT – (INTERNATIONAL

EXHAUSTION) Provided, That, with regard to drugs and
medicines, the limitation on patent rights shall apply after a drug
or medicine has been introduced in the Philippines or anywhere
else in the world by the patent owner, or by any party
authorized to use the invention: Provided, further, That the right
to import the drugs and medicines contemplated in this section
shall be available to any government agency or any private third
party

72.2. Where the act is done privately and on a non-commercial

scale or for a non-commercial purpose: Provided, That it
does not significantly prejudice the economic interests of
the owner of the patent;

(72.3. Where the act consists of making or using exclusively for the
purpose of experiments that relate to the subject matter of the
patented invention;) SUPERSEDED BY…

SEC 7 CHEAP MEDICINES ACT - "72.3. Where the act

consists of making or using exclusively for experimental use of
the invention for scientific purposes or educational purposes
 and such other activities directly related to such scientific or
educational experimental use;

"72.4. In the case of drugs and medicines, where the act

includes testing, using, making or selling the invention including
any data related thereto, solely for purposes reasonably related
to the development and submission of information and issuance
of approvals by government regulatory agencies required under
any law of the Philippines or of another country that regulates
the manufacture, construction, use or sale of any product:
Provided, That, in order to protect the data submitted by the
original patent holder from unfair commercial use provided in
Article 39.3 of the Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS Agreement), the Intellectual
Property Office, in consultation with the appropriate government
agencies, shall issue the appropriate rules and regulations
necessary therein not later than one hundred twenty (120) days
after the enactment of this law;

72.4. Where the act consists of the preparation for individual

cases, in a pharmacy or by a medical professional, of a
medicine in accordance with a medical prescription or acts
concerning the medicine so prepared;

72.5. Where the invention is used in any ship, vessel, aircraft, or

land vehicle of any other country entering the territory of the
Philippines temporarily or accidentally: Provided, That such
invention is used exclusively for the needs of the ship, vessel,
aircraft, or land vehicle and not used for the manufacturing of
anything to be sold within the Philippines. (Secs. 38 and 39,
R.A. No. 165a)

SECTION 73. PRIOR USER.

73.1. Notwithstanding Section 72 hereof, any prior user, who, in good

faith was using the invention or has undertaken serious
preparations to use the invention in his enterprise or business,
before the filing date or priority date of the application on
which a patent is granted, shall have the right to continue the
use thereof as envisaged in such preparations within the
territory where the patent produces its effect.

73.2. The right of the prior user may only be transferred or assigned
together with his enterprise or business, or with that part of his
 enterprise or business in which the use or preparations for use
have been made. (Sec. 40, R.A. No. 165a)

SECTION 74. USE OF INVENTION BY GOVERNMENT.

74.1. A Government agency or third person authorized by the

Government may exploit the invention even without agreement
of the patent owner where:

(a) The public interest, in particular, national security, nutrition,

health or the development of other sectors, as determined by
the appropriate agency of the government, so requires; or

(b) A judicial or administrative body has determined that the

manner of exploitation, by the owner of the patent or his
licensee is anti-competitive.

74.2. The use by the Government, or third person authorized by the

Government shall be subject, mutatis mutandis, to the
conditions set forth in Sections 95 to 97 and 100 to 102. (Sec.
41, R.A. No. 165a)

SEC 7 CHEAP MEDICINES ACT - "74.3. All cases arising from

the implementation of this provision shall be cognizable by
courts with appropriate jurisdiction provided by law.

"No court, except the Supreme Court of the Philippines, shall

issue any temporary restraining order or preliminary injunction
or such other provisional remedies that will prevent its
immediate execution.

SECTION 75. EXTENT OF PROTECTION & INTERPRETATION OF CLAIMS.

75.1. The extent of protection conferred by the patent shall be

determined by the claims, which are to be interpreted in the light
of the description and drawings.

75.2. (DOCTRINE OF EQUIVALENTS) For the purpose of

determining the extent of protection conferred by the
patent, due account shall be taken of elements which are
equivalent to the elements expressed in the claims, so that
a claim shall be considered to cover not only all the
elements as expressed therein, but also equivalents. (n)
 PATENT INFRINGEMENT
SECTION 76. CIVIL ACTION FOR INFRINGEMENT

76.1. The making, using, offering for sale, selling, or importing a

patented product or a product obtained directly or indirectly from
a patented process, or the use of a patented process without
the authorization of the patentee constitutes patent
infringement.

SEC 9 CHEAP MEDICINES ACT - "SEC. 76. Civil Action for

Infringement. - 76.1. The making, using, offering for sale,
selling, or importing a patented product or a product obtained
directly or indirectly from a patented process, or the use of a
patented process without the authorization of the patentee
constitutes patent infringement: Provided, That, this shall not
apply to instances covered by Sections 72.1 and 72.4
(Limitations of Patent Rights); Section 74 (Use of Invention by
Government); Section 93.6 (Compulsory Licensing); and
Section 93-A (Procedures on Issuance of a Special Compulsory
License under the TRIPS Agreement) of this Code.

76.2. Any patentee, or anyone possessing any right, title or interest in

and to the patented invention, whose rights have been infringed,
may bring a civil action before a court of competent jurisdiction,
to recover from the infringer such damages sustained thereby,
plus attorney's fees and other expenses of litigation, and to
secure an injunction for the protection of his rights.

76.3. If the damages are inadequate or cannot be readily ascertained

with reasonable certainty, the court may award by way of
damages a sum equivalent to reasonable royalty.

76.4. The court may, according to the circumstances of the case,

award damages in a sum above the amount found as actual
damages sustained: Provided, That the award does not exceed
three (3) times the amount of such actual damages.

76.5. The court may, in its discretion, order that the infringing goods,
materials and implements predominantly used in the
infringement be disposed of outside the channels of commerce
or destroyed, without compensation.
 76.6. Anyone who actively induces the infringement of a patent or
provides the infringer with a component of a patented product or
of a product produced because of a patented process knowing it
to be especially adopted for infringing the patented invention
and not suitable for substantial non-infringing use shall be liable
as a contributory infringer and shall be jointly and severally
liable with the infringer. (Sec. 42, R.A. No. 165a)

SECTION 77. Infringement Action by a Foreign National. — Any foreign

national or juridical entity who meets the requirements of
Section 3 and not engaged in business in the Philippines, to
which a patent has been granted or assigned under this Act,
may bring an action for infringement of patent, whether or not it
is licensed to do business in the Philippines under existing law.
(Sec. 41-A, R.A. No. 165a)

SECTION 78. Process Patents; Burden of Proof . — If the subject matter of a

patent is a process for obtaining a product, any identical
product shall be presumed to have been obtained through
the use of the patented process if the product is new or
there is substantial likelihood that the identical product was
made by the process and the owner of the patent has been
unable despite reasonable efforts, to determine the process
actually used. In ordering the defendant to prove that the
process to obtain the identical product is different from the
patented process, the court shall adopt measures to protect, as
far as practicable, his manufacturing and business secrets. (n)

SECTION 79. Limitation of Action for Damages. — No damages can be

recovered for acts of infringement committed more than four (4)
years before the institution of the action for infringement. (Sec.
43, R.A. No. 165)

SECTION 80. Damages, Requirement of Notice. — Damages cannot be

recovered for acts of infringement committed before the infringer
had known, or had reasonable grounds to know of the patent. It
is presumed that the infringer had known of the patent if on the
patented product, or on the container or package in which the
article is supplied to the public, or on the advertising material
relating to the patented product or process, are placed the
words "Philippine Patent" with the number of the patent.
(Sec. 44, R.A. No. 165a)

SECTION 81. Defenses in Action for Infringement. — In an action for

infringement, the defendant, in addition to other defenses
available to him, may show the invalidity of the patent, or any
 claim thereof, on any of the grounds on which a petition of
cancellation can be brought under Section 61 hereof. (Sec. 45,
R.A. No. 165)

SECTION 82. Patent Found Invalid May be Cancelled. — In an action for

infringement, if the court shall find the patent or any claim to be
invalid, it shall cancel the same, and the Director of Legal Affairs
upon receipt of the final judgment of cancellation by the court,
shall record that fact in the register of the Office and shall
publish a notice to that effect in the IPO Gazette. (Sec. 46, R.A.
No. 165a)

SECTION 83. Assessor in Infringement Action.

83.1. Two (2) or more assessors may be appointed by the court. The
assessors shall be possessed of the necessary scientific and
technical knowledge required by the subject matter in litigation.
Either party may challenge the fitness of any assessor proposed
for appointment.

83.2. Each assessor shall receive a compensation in an amount to be

fixed by the court and advanced by the complaining party, which
shall be awarded as part of his costs should he prevail in the
action. (Sec. 47, R.A. No. 165a)

SECTION 84. Criminal Action for Repetition of Infringement. — If

infringement is repeated by the infringer or by anyone in
connivance with him after finality of the judgment of the
court against the infringer, the offenders shall, without
prejudice to the institution of a civil action for damages, be
criminally liable therefor and, upon conviction, shall suffer
imprisonment for the period of not less than six (6) months but
not more than three (3) years and/or a fine of not less than One
hundred thousand pesos (P100,000) but not more than Three
hundred thousand pesos (P300,000), at the discretion of the
court. The criminal action herein provided shall prescribe in
three (3) years from date of the commission of the crime. (Sec.
48, R.A. No. 165a)
 LAW ON REGISTRATION OF UTILITY MODELS

SECTION 108. Applicability of Provisions Relating to Patents.

108.1. Subject to Section 109, the provisions governing patents shall

apply, mutatis mutandis, to the registration of utility models.

108.2. Where the right to a patent conflicts with the right to a utility
model registration in the case referred to in Section 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)

SECTION 109. Special Provisions Relating to Utility Models.

109.1.

(a) An invention qualifies for registration as a utility model if it is

new and industrially applicable.

(b) Section 21, "Patentable Inventions", shall apply except the

reference to inventive step as a condition of protection (product,
process and improvement).

109.2. Sections 43 to 49 (procedure of application) shall not apply in

the case of applications for registration of a utility model.

109.3. (TERM) A utility model registration shall expire, without any

possibility of renewal, at the end of the seventh year after the
date of the filing of the application.

109.4. (CANCELLATION OF PATENTS) In proceedings under

Sections 61 to 64, the utility model registration shall be canceled
on the following grounds:

(a) That the claimed invention does not qualify for registration as a
utility model and does not meet the requirements of
registrability, in particular having regard to Subsection 109.1
and Sections 22, 23, 24 and 27 (novelty, industrial applicability
requirements);

(b) That the description and the claims do not comply with the
prescribed requirements;

(c) That any drawing which is necessary for the understanding of

the invention has not been furnished;
 (d) That the owner of the utility model registration is not the inventor
or his successor in title. (Secs. 55, 56, and 57, R.A. No. 165a)

SECTION 110. Conversion of Patent Applications or Applications for Utility

Model Registration.

110.1. At any time before the grant or refusal of a patent, an applicant

for a patent may, upon payment of the prescribed fee, convert
his application into an application for registration of a utility
model, which shall be accorded the filing date of the initial
application. An application may be converted only once.
110.2. At any time before the grant or refusal of a utility model
registration, an applicant for a utility model registration may,
upon payment of the prescribed fee, convert his application into
a patent application, which shall be accorded the filing date of
the initial application. (Sec. 58, R.A. No. 165a)

SECTION 111. Prohibition against Filing of Parallel Applications. — An

applicant may not file two (2) applications for the same subject, one for
utility model registration and the other for the grant of a patent whether
simultaneously or consecutively. (Sec. 59, R.A. No. 165a)
 -1-

Client´s Letter

Dear Mr. Advoduck,

In the last few days I have invented a new type of egg shell breaker which is simple yet
effective. Unfortunately I had a bad experience with my last invention being copied, and
would therefore ask you to file a patent application as soon as possible.

Every Easter a traditional public competition takes place at the market square of
Ducktown, where I live. The aim is to find the best way of opening a boiled egg. The
many different egg openers developed by the participants are judged by a jury. The
three best egg openers of last year’s competition were published in the local press. I
have cut out the pictures and annexed them to this letter as Fig. 1-3.

My entry for last year’s competition is shown in Fig. 1. This is based on a set of old
punches which I found at a flea market. Such punches are used by saddlers to stamp
holes of different sizes in leather. Basically, these punches are solid bodies comprising a
bottom recess 10a. The recess 10a results in a bottom opening of the punch 10 defined
by a circular cutting edge 11. I had the idea to use one of these punches, of appropriate
size, as an egg shell breaker. By ´appropriate size´ I mean that an end portion of an egg
can be introduced into the bottom opening of the punch 10, in such a manner that the
cutting edge 11 contacts the egg shell along a circumferential contact line.

2004/A(E/M)/e/1 …/…
 -2-
As illustrated in Fig. 1, I placed a boiled egg into an egg holder and held the punch 10 on
top of this egg with one hand. In the other hand I held a light hammer. After a few trials I
found that by hitting the flat upper surface 12 of the punch in the right manner, the
impulse applied by the hammer to the punch 10 was transmitted to the egg, thus
obtaining a really clean circular break of the egg shell along the contact line with the
punch 10. To my surprise, most of the time I could do this without producing small
fragments of egg shell and without damaging the contents of the egg. I practised a lot in
order to be able to hit the punch 10 with the hammer in a consistent way, so as to
ensure a perfect demonstration of my egg shell breaker during the competition.

However, my strongest competitor, Doughnut Duck, succeeded in spying on my work

during this training phase. He copied my egg shell breaker and modified it slightly, as
shown in Fig. 2. In his version he simply replaced my punch 10 with a sleeve-like hole
drill 20, which also had the ´appropriate size´ as defined above. The serrated or saw-like
cutting edge 21 of hole drill 20 achieved the same breaking effect as the continuous-
contact cutting edge 11 of my punch 10. Nevertheless, Doughnut won first prize,
whereas I had to be content with second place. I am sure that this was only because
Doughnut’s three nephews were on the jury.

The third prize was awarded to Pierre McDucksbill. He cut off the end of an egg with his
mini-guillotine, which he normally uses for cutting off the tips of his cigars (see Fig. 3).
The result was, however, not very satisfactory, due to the fact that the yolk ran out.
Moreover, the cut end of the egg rolled across the table and fell onto the trousers of a
jury member.

In the end, both Pierre and I were furious; Pierre cannot stand losing and I felt cheated.
For the next competition Pierre and I therefore decided to cooperate. As Pierre is very
rich, he provided financial support, and tasked me with inventing a new egg shell
breaker. True to character, Pierre himself wanted to present this new breaker to the jury.

2004/A(E/M)/e/2 …/…
 -3-
I decided that the new egg shell breaker should be able to achieve the same fantastic
clean circumferential break of the egg shell which had been produced by the punch 10
and the hole drill 20, and which had so much impressed the jury the previous year. At
the same time it should be easier and more convenient to handle and operate, since
Pierre is, frankly, quite clumsy. Whenever Pierre tried my punch-hammer-system, he
encountered problems in using the hammer. Unlike me, he was incapable of consistently
reproducing the same impulse with the hammer, both in terms of the direction and the
intensity of the impulse. In other words, he could not ensure that the hammer would hit
the upper surface of the punch at the correct angle and with the appropriate force.

I therefore tried to improve my punch-hammer-system with the aim of reproducing the

impulse independently of the skill of the user, that is, ´automatically´.

I considered again Pierre’s mini-guillotine (see Fig. 3). Despite the disadvantage that the
end of the egg is completely cut off, I found it interesting that in this mechanism, the
blade 30 applies the same impulse to the egg every time it is used, since the blade
always falls from the same height and is guided in a frame 33.

Consequently I also tried to provide a guide to cooperate with the punch, as illustrated in
Fig. 4. I bored an axial hole through the punch 40 and introduced a barbecue skewer 43
through this hole. I then poked the skewer 43 into the top of an egg, lifted the punch up
to the eye 45 at the end of the skewer 43 and let it drop down towards the egg. In this
way, the skewer 43 guides the punch 40 and thus determines the direction of the
impulse imparted by the punch 40 to the egg. Furthermore, for a given weight of the
punch 40, the maximum intensity of the impulse is determined by the length of the
skewer 43.

As an option, the weight of the punch 40 and/or the length of the skewer 43 could be
reduced by providing a helical spring between the upper surface 42 of the punch 40 and
the eye 45 of the skewer 43. In this case, the force of the compressed spring contributes
to achieving the necessary intensity of the impulse.

2004/A(E/M)/e/3 …/…
 -4-
However, I was still not satisfied. The egg shell breaker needed to be even easier for
someone like Pierre to use. In particular, it was difficult to keep the skewer 43 in line with
the axis of the egg. After further trials I finally developed two prototypes which I consider
to be my best designs so far, as represented in Fig. 5 and 6-8, respectively.

As can be seen from Fig. 5, I selected a hollow cone-like body 50 which, as in the punch
10, comprises a circumferential cutting edge 51 defining an opening. A ball 57 is
arranged in a sliding manner on a shaft 53 which is fixed to the top of the body 50
opposite the opening. When the ball 57 falls, gravity accelerates the ball, until it impacts
the top of the body 50 in a direction determined by the shaft 53. Provided the ball 57
drops from a sufficient height, the impulse imparted to the egg is adequate to break the
egg shell. An abutment 55 on the top of the shaft 53 limits the movement of the ball 57.
As an amusing addition I made the abutment 55 in the form of the head of a hen.

For the other prototype, I employed a spring in order to provide an adequate impulse. As
can be seen in Fig. 6-8, this prototype also has a cone-like body 60, but this time with a
flat upper impact surface 62. Fixed to this impact surface 62 are two guiding rails 63
between which a slider 64 runs. A helical spring 69 is interposed between the slider 64
and a crossbar 65 joining the two rails 63. A rod 66 is arranged inside the spring 69. This
rod 66 is attached to the slider 64 near its free end 67, the free end 67 projecting from
the slider 64 towards the impact surface 62. At its opposite end, the rod 66 passes freely
through the crossbar 65 and is provided with a knob 68. The knob 68 is used to pull the
rod 66, thereby retracting the slider 64 towards the crossbar 65 and compressing the
helical spring 69 (see Fig. 8). Upon release of the knob 68, the spring 69 accelerates
rod 66 and slider 64 in a direction determined by the rails 63, until the free end 67 of the
rod 66 hits the impact surface 62, thereby imparting an impulse to the egg via the body
60. The intensity of the impulse is mainly determined by the characteristics of the helical
spring 69. The contribution of gravity can be neglected in this prototype.

2004/A(E/M)/e/4 …/…
 -5-
One could consider combining some aspects of both prototypes with each other, e.g. by
providing a helical spring between the ball 57 and the abutment 55 in Fig. 5, or using a
heavy ball fixed to the free end 67 of the rod 66 as an impact means in Fig. 6-8. In both
cases, the impulse transmitted by the body 50 or 60 to the egg would then result from
gravity and the spring force in combination.

I hope that I have provided you with all of the information that you need in order to draft
a patent application covering all aspects of my invention, including the egg shell breaker
of Fig. 4. Please send your invoice to Pierre McDucksbill.

Yours sincerely,

Toni Turbine
Inventor

Annex: newspaper cutting comprising 3 drawings

5 drawings representing my invention

2004/A(E/M)/e/5
2004/A(E/M)/e/6 .../...
2004/A(E/M)/e/7 .../...
2004/A(E/M)/e/8
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