Patent Application Encyclopedia

8 months

The novelty of an invention will not be affected if it is disclosed within 12 months before its patent application date or priority date:

• disclosed by the inventor;
• Disclosed by the Patent Application Accepting Authority,
• and that information is included in:
  • In other applications of the inventor, and disclose the application when the relevant authority should not disclose the application;
  • In applications submitted by third parties who have obtained information directly or indirectly from the inventor without the inventor's permission;
• Disclosure of the invention by a third party who has obtained information, directly or indirectly, from the inventor.

no

INDECOPI conducts formal and substantive examinations of design patent applications. If the design patent application meets the formality examination conditions within 15 working days, INDECOPI will publish it. Anyone can raise an objection within 30 days after publication. If there is no objection, INDECOPI will conduct a novelty examination and grant the patent right if the conditions are met, otherwise it will be rejected.

The JPO conducts formality examination and substantive examination of the design patent application, and the substantive examination starts automatically, and the applicant does not need to submit a separate substantive examination request. JPO mainly examines the novelty and inventiveness of designs.

• (*Secret design: applicants can request that their design remain secret for 3 years from the filing date).

20 years

1-3 years

If within 12 months before the filing date/priority date, the essence or details of the invention are maliciously disclosed, or exhibited by the inventor in an international or official exhibition, the invention does not lose its novelty.

4-6 months

no

Yes (reason: due care), a request for restoration of rights can be filed within 2 months from the date of removal of the obstacle

no

1 month

• via Paris Convention : 6 months from earliest priority date.
• EU route: 6 months from earliest priority date.
• Hague Agreement route: 6 months from earliest priority date.

2 years

• Licensing Fee: None.
• Annuity: The application fee includes the official fee for the first 5 years. The first renewal fee must be paid within 5 years from the filing date.

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)

A 12-month novelty grace period is available if:

• The designer, his legal successor, or a third party arising from the information or activities of the designer or his legal successor
• Third party that harms the interests of the designer

INPI conducts formality examination and substantive examination of invention patent applications. Substantive examination begins automatically, without the need to file a separate request.