Novelty Grace Period for Philippine Invention Patent Application

Submitted by 页之码 on

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

专利申请流程

PH the Philippines

  • What are the requirements for the utility model application documents in the Philippines?

    Filing Language: English/Filipino

    via Paris Convention via 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. small entity declaration
    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. Comparative documents/results of other countries

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entering the Philippine national phase 19/28/34/41 Amendments
    4. Power of Attorney
    5. small entity declaration
    6. Declaration of Ownership/Certification of Employment/Assignment of priority
    7. Assignment for Patent Right Transfer
    8. Comparative documents/results of other countries

  • Novelty Grace Period for Philippine Invention Patent Application

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

  • Characteristics of the Philippine invention patent application process

    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 objection. The applicant shall submit a request for substantive examination within 6 months from the date of publication of the application 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 authorized.

  • Description of Philippine utility model application authorization and annual fee

    • Grant fee: The applicant shall pay the granted announcement fee within 2 months from the date of issuance of the granted decision notice.
    • Annuity: Pay year by year starting from the fifth year, the payment date of the fifth year annual fee is the public day or international public day of the fourth year, and so on. Fees can be paid within 3 months before the due date of payment. If the patentee fails to pay the annual fee on time, the non-payment notice 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.

  • How long does it take to authorize an industrial design in the Philippines?

    1-1.5 years

  • How long is the PCT deadline for Philippine utility model applications?

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

  • What are the requirements for the Philippine industrial design application documents

    Filing Language: Filipino/English

    Necessary documents:

    1. Exterior Design Picture (Six Views)
    2. A Brief Description

    Attachments (if any):

    1. Power of Attorney
    2. small entity declaration
    3. Certified Priority Document
    4. Declaration of Ownership/Certification of Employment/Assignment of priority
    5. Assignment for Patent Right Transfer
    6. Comparative documents/results of other countries

  • Whether the Philippine industrial design application can apply for a combination of appearance

    yes

  • How long is the protection period of Philippine industrial design?

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

  • Is the utility model application in the Philippines convertible?

    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.