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.
The novelty grace period is 12 months before the filing date/priority date.
Filing Language: English/Filipino
via Paris Convention via Nationalization of PCT Necessary documents:
- Abstract
- Abstract Drawing
- Claim
- Specification
- Drawing
Necessary documents:
- Abstract
- Abstract Drawing
- Claim
- Specification
- Drawing
Attachments (if any)
- Sequence Listing (PDF format and TXT format)
- Microorganism preservation certificate and its English translation
- Microorganism Survival Certificate and Its English Translation
- Power of Attorney
- small entity declaration
- Certified Priority Document
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
- Notification issued by CNIPA notify the applicant the application has passed through the security review
- Comparative documents/results of other countries
Attachments (if any)
- WIPO Publication
- ISR/IPRP
- Entering the Philippine national phase 19/28/34/41 Amendments
- Sequence Listing (PDF format and TXT format)
- Microorganism preservation certificate and its English translation
- Microorganism Survival Certificate and Its English Translation
- Power of Attorney
- small entity declaration
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
- Comparative documents/results of other countries
no
7 years
1-2 years
- 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.
- 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.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
no
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.