Patent Phillipines  

Summary

PHILIPINES PATENTS

Patentable Subject Matter:
An invention is patentable if:
  • it is new
  • it involves an inventive step
  • it is industrially applicable

Non- Patentable Subject Matter:
An invention is not patentable if it contains the following  :-
  • discoveries, scientific theories and mathematical methods
  • plant or animal varieties or essentially biological processes for the production of plant or animals
  • schemes, rules or methods for doing business, performing mental acts

Membership:
Philippines is a member of the Paris convention and PCT.

Procedure

PHILIPINES PATENT APPLICATION

1.Searching
This is the first step before an application is made to file a patent. Although a prior search is optional it helps in determining the existence of filed patents.

2.Application
Every applicant is required to submit an application containing  the following information :

  • Request for the grant of a Philippine patent, which shall contain a petition for the grant of the patent, the name and other data of the applicant, the inventor and the agent and title of the invention, utility model or industrial design.
  • Description of the invention, utility model or industrial design;
  • Drawings necessary for the understanding of the invention, utility model or industrial design.
  • one or more claims
  • Abstract of the invention, utility model or industrial design, which shall consist of a concise summary of the disclosure of the invention, utility model or industrial design as contained in the description, claims and drawings in preferably not more than one hundred fifty words; and
  • Certified copy of the foreign application, together with an English translation thereof, if the applicant wishes to claim a convention priority of a previous filing in a country which is a member of  a treaty or convention affording the same protection to Filipino Citizens.

3.Examination
After the assignment of a filing date the application will be examined. And a search report be submitted to the applicant.

4.Publication
The application will be published within 18 months from the date of filing. Request for substantive examination has to be made within six months from the date of publication. Letters of patent will be granted on completion of substantive examination. The invention will be published in the IPO Gazette together with other relevant information.

5.Opposition
Third parties are invited to oppose the applications within the stipulated publication period.

6.Registration
Finally on completion of objections and opposition a Certificate of Registration will be issued subject to the payment of a fee. The duration of registration could take a minimum period of 2 -3 weeks. The registration is effective from date of application.

Protection: 20 years from date of filing

Charges

Patent Application In PHILIPPINES

ItemsOfficial Fees (USD)Professional Fees (USD)
1. Filing an Invention
-    Each claim in excess of 5 - USD 27
-    Each sheet in excess of 30 - USD 1.30
489
147
2. Preparing Formal Drawings per sheet30
9
3. Claiming Convention priority134
40
4. Request for Examination17653
5. Publication fee of granted patent134
40
TOTAL
963
289

Documents Required For Filing A Patent Application

DocumentsLegalization/ Notarization Time of Filing
1. Power of Attorney
NoWithin 1 month from filing date
2. Deed of Assignment
NoWithin 1 month from filing date
3. Priority Document (If claiming priority) Within 2 months from filing date

Maintenance Fees Of Patent

ItemsOfficial Fees (USD)Professional Fees (USD)
5th annuity157
47
6th annuity179
54
7th annuity20161
8th annuity223
67
9th annuity268
81
10th annuity312
94
11th annuity376
113
12th annuity445
134
13th annuity509
153
14th annuity600
180
15th annuity689
207
16th annuity
775
233
17th annuity864
259
18th annuity
1019
306
19th annuity
1206
362
20th annuity
1428
429

 

 
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