Is the utility model application in the Philippines convertible?

Submitted by 页之码 on

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.

专利申请流程

PH the Philippines

  • 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.

  • 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.

  • Whether the Philippine industrial design application can be DAS

    no

  • 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

  • How long is the PCT period for Philippine invention patent application

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

  • 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.

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

    no

  • Novelty Grace Period for Philippine Design Applications

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

  • 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