PATENTS

INVENTION

 

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.

 

An invention may be, or may relate to a useful machine; a product, or process or an improvement of the foregoing; microorganism; and non-biological and microbiological processes.

 

1. Registration Procedure – Direct Filing with the IPOPHL

 

1) Filing of Applicant for Grant of Philippine Patent

 

A patent application shall be filed with the Bureau of Patents and include (a) the name, address and nationality of the applicant and of the inventor and the name and address of the representative; (b) Description/Specification; (c) Claims; (d) Drawings; (e) Abstract; and (f) Power of Attorney.

 

Where there is a claim of convention priority, a certified copy of the priority application together with an English translation thereof should be submitted within 6 months from the filing date. If application is in the name of a person other than the inventor, a duly notarized Deed of Assignment signed by the inventor and by the applicant should also be submitted.

 

2) Formality Examination Report

The application shall be examined as to the completeness of the requirements.

 

3) Prior Art Search

An application that has complied with the formal requirements shall be classified and a search shall be conducted to determine the prior art.

 

4) Publication in e-Gazette

The application will be published in the IPOPHL eGazette for opposition purposes within 18 months from filing or priority date. The period to file an opposition is within six (6) months from the date of publication.

 

5) Request for Substantive Examination

 

A request for substantive examination must be filed within six (6) months from the date of the publication. The application shall be deemed withdrawn if no request is made within such period.

 

6) Substantive Examination Report

The examiner will issue an office action citing his reasons for any adverse action or objection to the registration of the application, and providing the applicant with such information or references which may aid in judging the propriety of continuing the prosecution of the application.

 

The application must reply to the examiner’s adverse action and may request for re-examination or reconsideration, with or without amendment. The applicant has two (2) months from the mailing date of the Report to file his reply. The period to respond may be extended upon written request and upon payment of the required fee but in no case shall the total period to respond exceed six (6) months from the mailing date of the Report.

 

7) Notice of Allowance

 

If the examiner finds the application allowable for registration, or if applicant’s reply to the Substantive Examination Report is found to be satisfactory, the Bureau shall issue the Notice of Allowance containing the bibliographic details that shall be contained in the patent certificate.

 

8) Issuance of Letters Patent

 

Within 1 to 3 months from issuance of Notice of Allowance, the Letters Patent will be issued.

 

9) Publication in IPOPHL eGazette

 

Within 1 to 3 months from issuance of Letters Patent, the patent will be published in the IPOPHL eGazette.

 

Term: An invention patent is valid for twenty (20) years from the filing date provided that annual fees are paid upon the expiration of 4 years from the publication date (for opposition purposes) and every year thereafter

 

1. Patent Cooperation Treaty – National Phase Entry in the Philippines

 

1) Filing

 

A national phase entry application shall be filed with the Bureau of Patents and include (a) the PCT information – international application number, international filing date, international application language, international publication date, international publication number, international publication language; (b) name, address and nationality of the applicant and of the inventor and the name, address, and email of the resident agent/representative; (c) details of priority claim – application number, filing date, country;  (d) Description/Specification; (e) Claims; (f) Drawings; (g) Abstract; and (h) Power of Attorney.

 

2) National Phase Entry Application Report

 

The application shall be examined as to the completeness of the requirements for the grant of a filing date and for formality deficiencies.

 

3) Substantive Examination Report

 

A request for substantive examination may be filed at the time of filing of the application or within 6 months from filing.

 

The examiner will issue an office action citing his reasons for any adverse action or objection to the registration of the application, and providing the applicant with such information or references which may aid in judging the propriety of continuing the prosecution of the application.

 

The application must reply to the examiner’s adverse action and may request for re-examination or reconsideration, with or without amendment. The applicant has two (2) months from the mailing date of the Report to file his reply. The period to respond may be extended upon written request and upon payment of the required fee but in no case shall the total period to respond exceed six (6) months from the mailing date of the Report.

 

4) Notice of Allowance

 

If the examiner finds the application allowable for registration, or if applicant’s reply to the Substantive Examination Report is found to be satisfactory, the Bureau shall issue the Notice of Allowance containing the bibliographic details that shall be contained in the patent certificate.

 

5) Issuance of Letters Patent

 

Within 1 to 3 months from issuance of Notice of Allowance, the Letters Patent will be issued.

 

6) Publication in IPOPHL eGazette

 

Within 1 to 3 months from issuance of Letters Patent, the patent will be published in the IPOPHL eGazette.

 

Term: An invention patent is valid for twenty (20) years from the filing date provided that annual fees are paid upon the expiration of 4 years from the international publication date and every year thereafter

 

UTILITY MODEL

 

Any technical solution of a problem in any field of human activity which is new and industrially applicable shall be registrable,

 

A utility model may be, or may relate to a useful machine, an implement or tool; a product or composition; or an improvement of any of the foregoing.

 

1. Registration Procedure – Direct Filing with the IPOPHL

 

1) Filing

A utility model application shall be filed with the Bureau of Patents and include (a) the name, address and nationality of the applicant and of the maker and the name and address of the representative; (b) Title of the Utility Model; Description/Specification; (c) Claims; (d) Drawings; (e) Abstract; and (f) Power of Attorney.

 

Where there is a claim of convention priority, a certified copy of the priority application together with an English translation thereof should be submitted within 6 months from the filing date. If application is in the name of a person other than the maker, a duly notarized Deed of Assignment signed by the maker and by the applicant should also be submitted.

 

2) Formality Examination Report

The application shall be examined as to the completeness of the requirements.

 

3) eGazette Publication

 

The application shall be published in the IPOPHL eGazette. If no Adverse Information is received within 30 days from the publication date, the utility model shall be considered registered as of the date of publication.

 

4) Notice of Publication

A Notice of Publication will be issued with the publication details in the IPOPHL eGazette and requiring payment of the issuance fee.

 

5) Issuance of Registration Certificate

Upon payment of the issuance fee, the Registration Certificate will be issued.

 

6) Publication of Registered Utility Model

The registration number, registrant, title, and filing date of a registered utility model will be published in the IPOPHL eGazette.

 

1. Patent Cooperation Treaty – National Phase Entry in the Philippines

 

1) Filing

 

A national phase entry application shall be filed with the Bureau of Patents and include (a) the PCT information – international application number, international filing date, international application language, international publication date, international publication number, international publication language; (b) name, address and nationality of the applicant and of the maker and the name, address, and email of the resident agent/representative; (c) details of priority claim – application number, filing date, country;  (b) Title of the Utility Model; Description/Specification; (c) Claims; (d) Drawings; (e) Abstract; and (f) Power of Attorney.

 

2) National Phase Entry Application Report

 

The application shall be examined as to the completeness of the requirements.

 

3) eGazette Publication

 

The application shall be published in the IPOPHL eGazette. If no Adverse Information is received within 30 days from the publication date, the utility model shall be considered registered as of the date of publication.

 

4) Notice of Publication

A Notice of Publication will be issued with the publication details in the IPOPHL eGazette and requiring payment of the issuance fee.

 

5) Issuance of Registration Certificate

Upon payment of the issuance fee, the Registration Certificate will be issued.

 

6) Publication of Registered Utility Model

The registration number, registrant, title, and filing date of a registered utility model will be published in the IPOPHL eGazette.

 

Term

A utility model registration shall be valid for a term of seven (7) years from date of filing of the application, without possibility of renewal.

 

INDUSTRIAL DESIGN

 

An industrial design is any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors, provided that, such composition or form gives a special appearance or can serve as pattern for an industrial product or handicraft that is new or original.

 

In order to be registrable, an industrial design must be any new or original creation relating to the ornamental features of shape, configuration, form, or combination thereof, of an article of manufacture, whether or not associated with lines, patterns or colors, which imparts an aesthetic and pleasing appearance to the article. The design which is embodied in any composition of lines, patterns or colors must be inseparable from the article and cannot exist alone merely as a scheme of surface ornamentation.

 

Registration Procedure

 

1) Filing of Application

An industrial design application shall be filed with the Bureau of Patents and include (a) the name, address and nationality of the applicant and of the designer and the name and address of the representative; (b) Title of the Industrial Design; (c) Description/Specification; (d) Claims; (e) Drawings; and (f) Power of Attorney.

 

Where there is a claim of convention priority, a certified copy of the priority application together with an English translation thereof should be submitted within 6 months from the filing date. If application is in the name of a person other than the designer, a duly notarized Deed of Assignment signed by the designer and by the applicant should also be submitted.

 

2) Formality Examination Report

The application shall be examined as to the completeness of the requirements.

 

3) eGazette Publication

The application shall be published in the IPOPHL eGazette. If no Adverse Information is received within 30 days from the publication date, the industrial design shall be considered registered as of the date of publication.

 

A Request for Deferred Publication may be requested simultaneous with filing of the application or at any time before publication. The maximum period allowed for deferred publication is 30 months from the filing or priority date. (IPOPHL Memorandum Circular No. 14-004)

 

4) Notice of Publication

 

A Notice of Publication will be issued with the publication details in the IPOPHL eGazette and requiring payment of the issuance fee.

 

5) Issuance of Registration Certificate

Upon payment of the issuance fee, the Registration Certificate will be issued.

 

6) Publication of Registered Industrial Design

The registration number, registrant, title, and filing date of a registered industrial design will be published in the IPOPHL eGazette.

 

Term

An industrial design registration shall be valid for a term of five (5) years from filing date of the application and may be renewed for not more than two (2) consecutive periods of five (5) years each.