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.
ProcedurePHILIPINES 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 ChargesPatent Application In PHILIPPINES | Items | Official 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 sheet | 30
| 9
| | 3. Claiming Convention priority | 134
| 40
| | 4. Request for Examination | 176 | 53
| | 5. Publication fee of granted patent | 134
| 40
| TOTAL
| 963
| 289
|
Documents Required For Filing A Patent Application| Documents | Legalization/ Notarization | Time of Filing | 1. Power of Attorney
| No | Within 1 month from filing date | 2. Deed of Assignment
| No | Within 1 month from filing date | | 3. Priority Document (If claiming priority) | | Within 2 months from filing date |
Maintenance Fees Of Patent| Items | Official Fees (USD) | Professional Fees (USD) | | 5th annuity | 157
| 47
| | 6th annuity | 179
| 54
| | 7th annuity | 201 | 61
| | 8th annuity | 223
| 67
| | 9th annuity | 268
| 81
| | 10th annuity | 312
| 94
| | 11th annuity | 376
| 113
| | 12th annuity | 445
| 134
| | 13th annuity | 509
| 153
| | 14th annuity | 600
| 180
| | 15th annuity | 689
| 207
| 16th annuity
| 775
| 233
| | 17th annuity | 864
| 259
| 18th annuity
| 1019
| 306
| 19th annuity
| 1206
| 362
| 20th annuity
| 1428
| 429
|
|