Guide for Philippine Patent Application Process

Patent Trademark

Philippines Profile

The Philippines, officially the Republic of the Philippines, is a sovereign island nation located in the Western Pacific and Southeast Asia. The capital of the Philippines is Manila and the most populous city is Quezon City. The Philippines is bordered by the South China Sea to the west, the Philippine Sea to theRead more

Philippines Profile

The Philippines, officially the Republic of the Philippines, is a sovereign island nation located in the Western Pacific and Southeast Asia. The capital of the Philippines is Manila and the most populous city is Quezon City. The Philippines is bordered by the South China Sea to the west, the Philippine Sea to the east, the Celebes Sea to the southwest, Palau to the east, Vietnam to the west, Malaysia and Indonesia to the south, and China to the north.

Philippine Intellectual Property Legal System

  • The Philippine Intellectual Property Code
  • Rules and Regulations for Trade Marks, Service Marks, Trade Names and Marks or Seal Containers
  • Amendments to the Implementing Rules and Regulations for Patents, Utility Models and Industrial Designs
  • "Vegetation Diversity Protection Law"

International Organization/Agreement

  • "Convention Establishing the World Intellectual Property Organization"
  • Paris Convention for the Protection of Industrial Property
  • Patent Cooperation Treaty
  • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
  • WIPO Copyright Treaty
  • WIPO Performances and Phonograms Treaty
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • Berne Convention for the Protection of Literary and Artistic Works
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
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申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Philippine Intellectual Property Office

English: Intellectual Property Office of the Philippines, Abbreviation: IPOPHIL

Website: IPOPHL | Rising. Shining. Beckoning. (ipophil.gov.ph)

Philippine Invention Patent Search: WIPO Publish (ipophil.gov.ph)

  • The numbering rules for patent applications in the Philippines are as follows:
    • 【1】+【/】+【4-digit AD Year】+【/】+【6-digit patent application serial number】
    • Among them, the meaning of the first digit is the same as that of the Chinese patent application number, 1 means invention, 2 means utility model, and 3 means design. For example application number 1/2015/000258.

Filing Language: English/Filipino

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and English/Filipino Translation
  3. Viability Statement of Microorganism and English/Filipino Translation
  4. Power of Attorney
  5. Declaration of Small Entity
  6. Certified Priority Document
  7. Declaration of Ownership/Certification of Employment/Assignment of priority
  8. Assignment for Patent Right Transfer
  9. Notification issued by CNIPA notify the applicant the application has passed through the security review
  10. Reference Documents/Examination Result of other countries

 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and English/Filipino Translation
  6. Viability Statement of Microorganism and English/Filipino Translation
  7. Power of Attorney
  8. Declaration of Small Entity
  9. Declaration of Ownership/Certification of Employment/Assignment of priority
  10. Assignment for Patent Right Transfer
  11. Reference Documents/Examination Result of other countries

20 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.

IPOPHIL conducts formality examination and substantive examination for invention patent applications. After completing the formality examination and prior art search, the applicant needs to enter the public procedure within 18 months from the filing date/priority date and enter the substantive examination procedure if there is no opposition. The applicant shall file a request for substantive examination within 6 months from the date of publication or within 6 months from the date of entering the national phase at the latest. If the requirements are met, the patent application will be granted. 

The novelty grace period is 12 months before the filing date/priority date.

5-6 years

  • Grant fee: The applicant shall pay the granted fee within 2 months from the date of issuance of the granted decision notice.
  • Annuity: Starting from 4 years of the date of granted, the payment date of the annuity for the 5th year is the publication date of the 4th year or the international publication date, and so on. Annuity can be paid within 3 months before the due date of payment. If the patentee fails to pay the annuity on time, the notification of non-payment will be published on the official announcement, and the fee can be paid within a grace period of 6 months after the expiration, but a 50% penalty must be paid at the same time.

No

No

Yes. The patent type can be converted from Invention to Utility Model at any time before the patent application is granted/rejected. The converted patent application has the same filing date as the original application, and can only be converted once. Conversion fee is required.

Name of Patent Office

Philippine Intellectual Property Office

English: Intellectual Property Office of the Philippines, Abbreviation: IPOPHIL

Website: IPOPHL | Rising. Shining. Beckoning. (ipophil.gov.ph)

Philippine Invention Patent Search: WIPO Publish (ipophil.gov.ph)

  • The numbering rules for patent applications in the Philippines are as follows:
    • 【1】+【/】+【4-digit AD Year】+【/】+【6-digit patent application serial number】
    • Among them, the meaning of the first digit is the same as that of the Chinese patent application number, 1 means invention, 2 means utility model, and 3 means design. For example application number 1/2015/000258.

Filing Language: English/Filipino

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Power of Attorney
  2. Declaration of Small Entity
  3. Certified Priority Document
  4. Declaration of Ownership/Certification of Employment/Assignment of priority
  5. Assignment for Patent Right Transfer
  6. Notification issued by CNIPA notify the applicant the application has passed through the security review
  7. Reference Documents/Examination Result of other countries

 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Power of Attorney
  5. Declaration of Small Entity
  6. Declaration of Ownership/Certification of Employment/Assignment of priority
  7. Assignment for Patent Right Transfer
  8. Reference Documents/Examination Result of other countries

7 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.

IPOPHIL conducts formality examination and substantive examination for utility model patent applications, but only needs to meet the standards of novelty and industry utility and does not require inventive step.

The novelty grace period is 6 months before the filing date/priority date.

  • Grant fee: The applicant shall pay the granted fee within 2 months from the date of issuance of the granted decision notice.
  • Annuity: Annuity should be paid year by year starting from the 5th year, the annuity payment date of the 5th year is the public date or international public data of the 4th year, and so on. Fees can be paid within 3 months before the due date of payment. If the patentee fails to pay the annuity on time, the notification of non-payment will be published on the official announcement, and the fee can be paid within a grace period of 6 months after the expiration, but a penalty must be paid at the same time.

1-2 years

No

Yes. A utility model can be converted into an invention at any time before granted/rejection, and the converted patent application has the same filing date as the original application and can only be converted once and a conversion fee is required.

No

Name of Patent Office

Philippine Intellectual Property Office

English: Intellectual Property Office of the Philippines, Abbreviation: IPOPHIL

Website: IPOPHL | Rising. Shining. Beckoning. (ipophil.gov.ph)

Philippine Invention Patent Search: WIPO Publish (ipophil.gov.ph)

  • The numbering rules for patent applications in the Philippines are as follows:
    • 【1】+【/】+【4-digit AD Year】+【/】+【6-digit patent application serial number】
    • Among them, the meaning of the first digit is the same as that of the Chinese patent application number, 1 means invention, 2 means utility model, and 3 means design. For example application number 1/2015/000258.

Filing Language: Filipino/English

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Power of Attorney
  2. Declaration of Small Entity
  3. Certified Priority Document
  4. Declaration of Ownership/Certification of Employment/Assignment of priority
  5. Assignment for Patent Right Transfer
  6. Reference Documents/Examination Result of other countries

The initial protection period is 5 years, the renewal period is once every 5 years, and the maximum protection period can reach 15 years.

6 months from the earliest priority date.

IPOPHIL conducts formality examination only for design applications.

The novelty grace period is 6 months before the filing date/priority date.

  • Grant fee: The applicant shall pay the granted fee within 2 months from the date of issuance of the granted decision notice.
  • Annuity: Annuity should be paid year by year starting from the date of patent announcement for 4 years, and the annuity can be paid within 12 months before the expiration of the protection period. If overdue, you can pay the annuity within a grace period of 6 months, but a penalty must be paid at the same time.

1-1.5 years

No

No

Yes

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