PHILIPPINE LAWYERS ASSOCIATION vs.

AGRAVA
G.R. No. L-12426. February 16, 1959.
FACTS:
Herein petitioner filed for prohibition and injunction against respondent Agrava, the
Director of Philippines Patent Office due to a circular the latter issued scheduling an
examination for determining who are qualified to practice as patent attorneys before
the Philippines Patent Office. According to the circular, members of the Philippine Bar,
engineers and other persons with sufficient scientific and technical training are qualified
to take the said examination. The petitioner contends that one who has passed the bar
examination 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
and that the respondent Directors holding an examination for the purpose is in excess
of his jurisdiction and is in violation of the law.
The respondent, in reply, maintains the prosecution of patent cases does not involve
entirely or purely the practice of law but includes the application of scientific and
technical knowledge and training as a matter of actual practice so as to include
engineers and other individuals who passed the examination can practice before the
Patent office. Furthermore, he stressed that for the long time he is holding tests, this is
the first time that his right has been questioned formally.

ISSUE:
Whether or not the appearance before the patent Office and the preparation and the
prosecution of patent application, etc., constitutes or 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. Moreover, the practice before the patent Office involves the interpretation
and application of other laws and legal principles, as well as the existence of facts to be
established in accordance with the law of evidence and procedure. The practice of law is
not limited to the conduct of cases or litigation in court but also embraces all other
matters connected with the law and any work involving the determination by the legal
mind of the legal effects of facts and conditions. Furthermore, the law provides that any
party may appeal to the Supreme Court from any final order or decision of the director.
Thus, if the transactions of business in the Patent Office involved exclusively or mostly
technical and scientific knowledge and training, then logically, the appeal should be
taken not to a court or judicial body, but rather to a board of scientists, engineers or
technical men, which is not the case.