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BASIC INFORMATION FOR FILING PATENT APPLICATION
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| 1. |
Where to File |
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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. |
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| 2. |
What to File |
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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cancelled/withdrawn in case it is not paid on time.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. |
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| 3. |
Examination Process |
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| (a) |
Formal Examination |
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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. |
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| (b) |
Publication of Application |
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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.
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| (c) |
Substantive Examination |
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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. |
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| (d) |
Amendment of Application |
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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. |
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| (e) |
Grant of Patent |
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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. |
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| (f) |
Publication of Patent |
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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. |
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| 4. |
Contents of Patent |
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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. |
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| 5. |
Annual Fees |
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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. |
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| 6. |
Patent Term |
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The term of a patent shall be twenty (20) years from the filing date
of the application. |
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| 7. |
Appeals |
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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. |
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