PHILIPPINE LAWYERS ASSOCIATION VS.

AGRAVA
G.R. NO. L-12426
February 16, 1959

Facts:
 Philippine Lawyers Association, herein petitioner, filed for prohibition and injunction against the
respondent, Celedonio Agrava, the Director of the Philippines Patent Office, for issuing a circular which
schedules an examination date for determining who are qualified to practice as patent attorneys before
the Philippines Patent Office.
 Petitioner contended that one who has passed the bar examinations and is licensed by the Supreme
Court to practice law in the Philippines and who is in good standing, is duly qualified to practice before
the Philippines Patent Office.
 Further, it alleged that Agrava is in excess of his jurisdiction and is in violation of the law for requiring
such examination as condition precedent before members of the bar may be allowed to represent
applicants in the preparation and prosecution of applications for patents.
 Undaunted, Agrava argued that that the prosecution of patent cases does not involve entirely or purely
the practice of law and that the Rules of Court do not prohibit the Patent Office from requiring further
condition or qualification from those who would wish to handle cases before the Patent Office.
Issue:
Whether appearance before the Patent Office and the preparation and the prosecution of patent
applications, etc., constitutes or is included in the practice of law
Ruling:
 YES. The Supreme Court held that 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.
 Although the transaction of business in the Patent Office involves the use and application of technical
and scientific knowledge and training, still, all such business has to be rendered in accordance with the
Patent Law, as well as other laws, including the Rules and Regulations promulgated by the Patent Office
in accordance with law.
 All these things involve the applications of laws, legal principles, practice and procedure. They call for
legal knowledge, training and experience for which a member of the bar has been prepared.
 Furthermore, the Court ruled that under the present law, members of the Philippine Bar authorized by
the Supreme Court to practice law, and in good standing, may practice their profession before the Patent
Office, since much of the business in said office involves the interpretation and determination of the
scope and application of the Patent Law and other laws applicable, as well as the presentation of
evidence to establish facts involved; that part of the functions of the Patent director are judicial or quasi-
judicial, so much so that appeals from his orders and decisions are, taken to the Supreme Court.