Calculation Method of Claim Surcharge in Philippine Patent Applications

After the applicant submits a patent application to the Philippines, the Philippine Patent Office IPOPHL will first conduct a formal review to check whether the application documents are complete and whether the application fee is paid in full and on time. For patent applicants, the patent claim surcharge in the Philippines needs special attention, because the patent claim surcharge in the Philippines is different from that in most countries.

For fee calculation purposes, multiple dependent claims will be treated as the number of claims directly cited therein. In addition, any claim that is dependent on multiple dependent claims will be treated as the number of claims directly cited therein, as exemplified below:

Example 1: Multiple dependent claims fee calculation
Claims:
1. A product comprising…
2. A product according to claim 1…
3. A product according to claim 1 or 2… (+1 claim fee)
4. A product according to claim 1…
5. A product according to claim 4..

Example 2: Multiple dependent claims fee calculation
Claims:
1. A compound of the formula (F)…..
2. A compound according to claim 1…
3. A compound according to claim 1…
4. A compound according to claim 3…
5. A compound according to any of the preceding claims… (+3 claims fee)

Example 3: Multiple dependent claims fee calculation
Claims:
1. A product comprising…
2. A product according to claim 1…
3. A product according to claim 1 or 2…(+1 claim fee)
4. A product according to claim 3…(+1 claim fee)
5. A product according to claim 3…(+1 claim fee)

Example 4: Multiple dependent claims fee calculation
Claims:
1. A product comprising…
2. A product according to claim 1…
3. A product according to claim 1 or 2…(+1 claim fee)
4. A product according to claim 3…(+1 claim fee)
5. A product according to claim 4…

Example 5: Multiple dependent claims fee calculation
Claims:
1. A compound of the formula (I)…..
2. A compound according to claim 1…
3. A compound according to claim 1..
4. A compound according to claim 3…
5. A compound according to any of the preceding claims….… (+3 claims fee)
6. A compound according to claim 5.. … (+3 claims fee)