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Patent | Philippines

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Patent

Summary Application Procedure Filing Requirements Charges Documents Required

In Philippines, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application.

1. Legislations:
The Intellectual Property Code of the Philippines (Republic Act No. 8293)

2. Patentability Criteria:
Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be patentable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing.

Non-Patentable Subject Matter:
An invention is not patentable if it contains the following:-

  • Discoveries, scientific theories and mathematical methods;
  • Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers;
  • Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and composition for use in any of these methods;
  • Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision shall not apply to micro-organisms and non-biological and microbiological processes.
  • Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing sui generis protection of plant varieties and animal breeds and a system of community intellectual rights protection:
  • Aesthetic creations; and
  • Anything which is contrary to public order or morality.


3. Utility Innovations:
Utility models are registrable in the Philippines. A utility model must fulfill the criteria of new and industrial applicability (but not inventiveness). The term is seven (7) years without renewal.

4. Membership:
√ – Paris Convention
√ – PCT

Philippines is a member of the Paris Convention from 1965, whereby applications from convention countries will be subject to the same priority date in Philippines. The application for priority has to be made within six months of the first application in a convention country.

Malaysia is also a member of the PCT since 2006. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Malaysia within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.

5. Rule of Priority:
“First to invent” is the rule followed by Philippines in determining priority of patent.

6. Duration:
A patent application once registered is valid for 20 years from the date of application.

1. Application
Every applicant is required to an application to with Intellectual Property Office of the Philippines within 12 months of priority date.

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

3. Publication & Substantive Examination
The application will be published within 18 months from the date of filing. Request for substantive examination has to be made within 6 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.

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

5.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.

The following information and/or documents are required to file an application for a patent in Philippines:-

Direct National Application:-
1. Request for the grant of a patent:-
a) the name, nationality and address of the applicant;
b) the name, nationality and address of the inventor;
c) a specification comprising a description, claims and any necessary drawings; and
d) the country and filing particulars of basic application whose priority is claimed.
2. Appointment of Patent Agent (PF 10)
3. If the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent
4. There is no requirement for the filing of an assignment from inventor to applicant.

PCT National Phase Application
1. a copy of the PCT application in English language (i.e. request form PCT/RO/101);
2. the details of the PCT application (suitably, the bibliographic page as published by WIPO);
3. one copy of the PCT specification as originally filed (in or translated to English);
4. one copy of any amendments filed in the international phase (in or translated to English);
5. an Appointment of Agent form signed by the applicant; and
6. if the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment.

Application Fees

Items Official Fees (USD) Professional Fees (USD)
1. Filing an Invention
- Each claim in excess of 5 - USD 12
- Each sheet in excess of 30 - USD 1.30
96 545
2. Preparing Formal Drawings per sheet 13
3. Claiming Convention priority 48 80
4. Request for Examination 93 305
5. Publication fee of granted patent 20 168
6. Issuance fee 40 168


Maintenance Fees
Items Official Fees (USD) Professional Fees (USD)
5th annuity 2700 220
6th annuity 3600 220
7th annuity 4500 220
8th annuity 5400 220
9th annuity 7200 220
10th annuity 9000 220
11th annuity 11600 220
12th annuity 14400 220
13th annuity 17000 220
14th annuity 20700 220
15th annuity 24300 220
16th annuity 27800 220
17th annuity 31400 220
18th annuity 37700 220
19th annuity 45300 220
20th annuity 54300 220

Basic Requirements

Documents Remarks Time of Filing
Patent specification, claims and abstract in English
no legalisation
On filing date or within two months from the date of entry
Drawings*
If any
On filing date


*Note:
(a) The set of drawings must be signed by the applicant or by his attorney or agent;
(b) The set of drawings were must be made in a Bristol board or in a paper that is flexible, strong, white, smooth, non-shiny and durable;
(c) The set of drawings must be made in a pen or by photolithographic which give the satisfactory reproduction characteristics; shading and lines were not present in the sectional view;
(d) The sectional view of the set of drawings must be indicated on the general view by a broken or dotted line;
(e) The space in the heading must be reserved at the right and the signature placed on the left, one figure must be placed upon another or within the outline of another.
(f) The drawing must show every feature of the utility model or industrial design covered by the claim(s), and the figures should be consecutively numbered.

Additional Documents for Convention Patent Application
Documents Remarks Time of Filing
Priority documents
Certified copy of the basic patent application.
On filing date or 6 months from the date of entry
Power of Attorney signed; notarization is not required On filing date or within 2 months from the date of entry


Additional Documents for Entry of PCT National Phase in Malaysia
Documents Time of Filing
English translation of the international application (if it is filed in a language other than English)
On filing date
A copy of the International Search Report (form PCT/ISA/210) On filing date or within 2 months from the date of entry
A copy of Notification Concerning Submission or Transmittal of Priority Document (form PCT/IB/304) On filing date or within 2 months from the date of entry.
Details of the PCT application (suitably, the bibliographic page as published by WIPO). On filing date
International preliminary examination report international search report (chapter 2). On filing date (if available) or anytime during the pendency of the examination or anytime while the examination is active
Notification of Recording of a Change;
(a) Inventor
(b) Name
(c) Applicant
On filing date (if available) or anytime during pendency of the application
One copy of the PCT specification as originally filed (in or translated to English). On filing date
One copy of any amendments filed in the international phase(in or translated to English). On filing date or anytime while the application is active

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