Whether the Philippine invention patent application can be type-converted

Submitted by 页之码 on

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, and a conversion fee is required.

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

  • Whether the Philippine invention patent application can be type-converted

    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, and a conversion fee is required.

  • Features of the Philippine utility model patent application process

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

  • How long does it take for the Philippine invention patent application to be granted?

    5-6 years

  • Description of Philippine Design 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: It will be paid year by year starting from the date of patent announcement for 4 years, and the renewal fee can be paid within 12 months before the expiration of the protection period. If you fail to pay after the due date, you can make up the payment within a grace period of 6 months, but you need to pay a penalty at the same time.

  • Can the priority right of Philippine invention patent application be restored?

    no

  • Which is the competent authority for utility model patent applications in the Philippines?

    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)

  • 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.

  • What are the requirements for the Philippine invention patent application documents

    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. Sequence Listing (PDF format and TXT format)
    2. Microorganism preservation certificate and its English translation
    3. Microorganism Survival Certificate and Its English Translation
    4. Power of Attorney
    5. small entity declaration
    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. 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. Sequence Listing (PDF format and TXT format)
    5. Microorganism preservation certificate and its English translation
    6. Microorganism Survival Certificate and Its English Translation
    7. Power of Attorney
    8. small entity declaration
    9. Declaration of Ownership/Certification of Employment/Assignment of priority
    10. Assignment for Patent Right Transfer
    11. Comparative documents/results of other countries

  • Description of authorization and annual fee for Philippine invention patent application

    • Grant fee: The applicant shall pay the granted announcement fee within 2 months from the date of issuance of the granted decision notice.
    • Annuity: starting from the date of patent announcement for 4 years, the payment date of the annual fee for the fifth year is the publication date of the fourth year or the international publication date, 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 50% penalty must be paid at the same time.