Disini & Disini
HOME|ABOUT|NEWS|PUBLICATIONS|RESOURCES|CONTACT US
     

BASIC INFORMATION FOR FILING PATENT APPLICATION

   
1. Where to File
 
The application for registration of a Philippine Patent is filed with the Bureau of Patents (BOP) of the Intellectual Property Office (IPO) through the Receiving Section/Counter of the Administrative, Financial and Human Resource Development Services Bureau (AFHRDSB) located at the ground floor of the IPO Building.
   
2. What to File
 
To obtain a filing date, a Request Form for a Grant of Philippine Patent must be filed, containing the name, address and signature of the applicant. If the applicant is a non-resident, the name and address of its resident agent must also be indicated. A description of the invention and one or more claims must accompany the application, including any drawings explaining the invention. THE SUBMISSION OF THE FOREGOING REQUIREMENTS ALREADY ENTITLES THE APPLICANT TO OBTAIN A FILING DATE.

However, there are still additional formal requirements for the application, such as the payment of the filing fee which may be paid during application filing or within one month from the date of filing. Filing fees shall be P1,380 for Small Entities and P2,760 for Big Entities Although the payment of filing fees is not necessary to obtain a filing date, the application shall be deemed automatically cancelled/withdrawn in case it is not paid on time. The abstract of the invention must also be submitted and, in case the priority of an earlier filed application is being claimed, the filing date, file number and country of origin of the claim must also be indicated.
   
3. Examination Process
 
(a) Formal Examination
  The purpose of this examination is to determine if the application satisfies the formal requirements for the grant of a filing date. During examination, the examiner shall check if proper fees have been paid and shall proceed to classify the invention as to the field of technology it belongs. A search is conducted to determine prior art and identify similar or identical inventions pending with the IPO.
   
(b) Publication of Application
  The application is published in the IPO Gazette after 18 months from the filing or priority date, in order to allow the public to inspect the application documents and submit their written observations and comments regarding the patentability of the invention. The applicant is given the opportunity to defend the patentability of his against these comments and objections.
   
(c) Substantive Examination
  The applicant should request for a substantive examination within six (6) months from the date of publication, otherwise the application shall be deemed withdrawn and all fees shall be forfeited. During the substantive examination, the examiner determines if the application meets the requirements of Sections 21 - 27 and Sections 32 – 39 of the Intellectual Property Code.
   
(d) Amendment of Application
  Based on the findings of the examiner, the applicant is allowed to amend his application in order to comply with requirements of, or clarify patentability issues with, the examiner.
   
(e) Grant of Patent
  If the application meets all the requirements and there is no reason for the examiner to deny the application, the examiner issues a decision to grant the patent registration.
   
(f) Publication of Patent
  The grant of a patent including related information shall be published in the IPO Gazette within six (6) months. Any interested party may inspect the complete description, claims, and drawings of the patent on file with the Office.
   
4. Contents of Patent
 
The patent is issued in the name of the Republic of the Philippines under the seal of the IPO and shall be signed by the Director and registered together with the description, claims and drawings in the records of the IPO.
   
5. Annual Fees
 
An annual fee shall be paid upon expiration of four (4) years from the date the application was published and on each subsequent anniversary of such date, otherwise the patent application or the patent, as the case may be, shall be deemed withdrawn or cancelled, respectively.
   
6. Patent Term
 
The term of a patent shall be twenty (20) years from the filing date of the application.
   
7. Appeals
 
Appeals may be directed to the Director of Patents within two (2) months from the mailing date of the final refusal by the examiner to grant the patent. The decision or order of the Director shall become final and executory fifteen (15) days after receipt of a copy by the appellant unless within the same period, a motion for reconsideration is filed with the Director or an appeal to the Director General is filed. The decision of the Director General may be appealed to the Court of Appeals and finally to the Supreme Court.
   
   
   
   
RESOURCES -> TECHNOLOGY  /  COMMERCIAL /  BANKING /  INTELLECTUAL PROPERTY /  LABOR /  IMMIGRATION/OCWs

HOME   |  ABOUT US   |   NEWS   |   PUBLICATIONS   |   RESOURCES   |   CONTACT US

35 Buchanan St., North Greenhills San Juan, Metro Manila 1502 PHILIPPINES
Tel. Nos. (+63 2) 725-2799, (+63 2) 727-1437 Fax Nos. (+63 2) 725-2799, (+63 2) 727-1437 ext. 104 E-Mail: info@disini.ph

Copyright 2000-2002 Disini & Disini. All rights reserved.
Please view Terms of Use and Disclaimer