Pursuant to IPOPHL Memorandum Circular No. 16-012 entitled “IPOPHL Revised Fee Structure of 2017” issued last November 29, 2016, the official fees of the Philippine Intellectual Property Office increased across the board by as much as 20%. The new IPO fee structure took effect in January 1, 2017. The augmentation of the official fees was made mainly to address inflation and rising operation costs and expenses. The Philippine Intellectual Property Office expressed that the fee increase is long overdue considering that the last fee structure was implemented in 2004 and has been unchanged for almost thirteen years.
Prior to the increase in fees, the Philippine Intellectual Property Office conducted a number of consultations with stakeholders and the public pursuant to DOF-DBM-NEDA Joint Circular No. 1-2013, also known as the “Implementing Rules and Regulations of Administrative Order No. 31 s. 2012 on the Rationalization of Rates of Fees and Charges, Increase in Existing Rates and Imposition of New Fees and Charges”. The Revised Fee Structure of the IPO has been approved by the Secretary of the Department of Trade and Industry.
For guidance, below is a detailed list of the prescribed official fees due for trademark, patent, utility model and copyright registration applications filed by big entities[1]. The 1% fee for the legal research fund which should not be lower than Ten Philippine Pesos (Php 10.00) pursuant to Presidential Decree No. 200 is not yet included in the amounts indicated below.
| New IPO Schedule of Fees | |
| General and Other Fees | |
| Type of Fee | Amount in PHP |
| IPO Publications | At cost |
| Document Retrieval Fee (2-3 days) | 207.00/box |
| Document Retrieval Fee (express – 1 day) | 560.00/box |
| Request for Reconstitution of Records | 900.00 |
| Certification | 370.00 |
| Certified True Copy | 500.00 |
| Computer print-out (per printed sheet) | 20.00 |
| IPO Box (annual) | 3,000.00 |
| Photocopy (domestic) (per printed sheet) | 3.50 |
| 12-month subscription to E-Gazette | 12,600.00 |
| Appeal to the Bureau of Director from refusal, rejection, examiner’s action, final orders of decisions | 3,300.00 |
| Appeal to the Director General from the decision of the Bureau Director | 5,500.00 |
| Other motions | 700.00 |
| Request for Deferment of Publication | 2,000.00 |
| Enforcement Action | |
| Filing of Verified Enforcement Complaint by the IPR Holder | |
|
Schedule of Fees on Patents |
|
| Pre-Examination | |
| Filing fee (first 5 claims) – Invention | 4,320.00 |
| For each sheet in excess of thirty (30) | 36.00 |
| Sequence listings for INV in excess of 4000 pages | 2.40 |
| For each claim in excess of five (5) | 360.00 |
| Request for right of priority per priority claim | 2,160.00 |
| Request for extension of time to file priority documents | 1,560.00 |
| Divisional application (for each division) | 4,320.00 |
| Conversion from Utility Model to Invention | 1,440.00 |
| Early Publication: Request for Publication before the expiration of 18 months from filing date or priority date | 6,600.00 |
| Publication Fee | 960.00 |
| Examination | |
| Request for extension of time to file Response – first | 720.00 |
| Request for extension of time to file Response – second | 780.00 |
| Substantive Examination | 4,200.00 |
| Early Substantive Examination | 5,000.00 |
| Revival Fee | 1,200.00 |
| Revival Fee for Non-Payment of 1st Publication Fee | 960.00 |
| Request for Accelerated Substantive Examination | 1,000.00 |
| Accelerated Substantive Examination Fee | 13,320.00 |
| Post Examination | |
| Issuance of Letters Patent certificate (Invention) | 1,200.00 |
| Amendment or correction in the Certificate of Patent | 600.00 |
| Any amendment or any correction of mistake in the Certificate of Patent of formal and clerical nature without fault of Office | 720.00 |
| Any amendment or any correction in the Certificate of Patent of Substantive nature | 1,800.00 |
| 1st Assignment of application from small entity to big entity | 5,500.00, plus publication fee |
| 1st Assignment of issued patent from small entity to entity | 7,200.00, plus publication fee |
| Any other assignment or document affecting title | 700.00 plus publication fee |
| 2nd Publication Fee | 960.00 |
| Annuities under R.A. 8293 | |
| 5th yr | 3,240.00 |
| 6th yr | 4,320.00 |
| 7th yr | 5,400.00 |
| 8th yr | 6,480.00 |
| 9th yr | 8,640.00 |
| 10th yr | 10,800.00 |
| 11th yr | 13,920.00 |
| 12th yr | 17,820.00 |
| 13th yr | 20,400.00 |
| 14th yr | 24,480.00 |
| 15th yr | 29,160.00 |
| 16th yr | 33,360.00 |
| 17th yr | 37,680.00 |
| 18th yr | 45,240.00 |
| 19th yr | 54,360.00 |
| 20th yr | 65,160.00 |
| Excess claim (in excess of 5) from 5th until the 20th Anniversary | 420.00 |
| Surcharge for late payment of annual fee | 50% of the total annual fee |
| Notice and publication of non-payment of annual fee | 360.00 |
| Late entry fee- PCT (50% of filing fee) | 2,160.00 |
| Transmittal fee (PCT Rule 14) | 4,200.00 |
| Priority Document Fee (PCT Rule 17.1 (b)) | 2,700.00 |
| Late Payment Fee (PCT Rule 16 bs.2 (a) (ii)) | 4,200.00 |
| Certified true copy of the International Application Fee (PCT Rule 21.2) | 600.00 |
| Transmittal Fee (PCT Rule 19.4) | 4,200.00 |
| Surcharge for late payment of fees where applicable | 50% of the required fee |
|
Schedule of Fees on Utility Model and Industrial Design |
|
| Pre-Examination | |
| Filing Fee | 3,600.00 |
| For each sheet in excess of 30 claims – UM | 36.00 |
| Sequence listings for UM in excess of 4000 pages | 2.40 |
| For each claim in excess of five (5) – UM | 240.00 |
| For each embodiment in excess of one (1) –Industrial Design | 1,800.00 |
| Request for right of priority (per priority claim) | 1,800.00 |
| Divisional application (for each division) | 3,600.00 |
| Conversion from Invention to Utility Model | 660.00 |
| Examination | |
| Request for extension of time to file Response – first | 720.00 |
| Request for extension of time to file Response – second | 780.00 |
| Registrability Report | 1,320.00 |
| Revival | 1,200.00 |
| Preparation of amended page(s) of the master copy of the specifications and/or claims | 84.00 |
| Request for Deferred Publication | 1,000.00 |
| Post-Examination | |
| Issuance of Certificate of Registration for Utility Model/Industrial Design | 1,200.00 |
| Amendment or correction in Certificate | 600.00 |
| Any amendment or any correction of mistake without fault of Office | 600.00 |
| Extension of Term (only for Industrial Design) | |
| Petition for Extension of Term – first | 2,160.00 |
| Petition for Extension of Term – second | 4,320.00 |
| 1st Assignment of application from small to big entity | 3,000.00 plus publication fee |
| 1st Assignment of issued patent from small to big entity | 4,000.00 plus publication fee |
| Any other assignment affecting title | 400.00 plus publication fee |
|
Schedule of Patent Related Fees under R.A. 165 |
|
| Examination | |
| For each claim in excess of five (5) in Invention | 150.00 |
| For each embodiment in excess of one (1) in Industrial Design | 1,200.00 |
| Claim of convention priority – invention | 1,500.00 |
| Claim of convention priority – utility model/industrial design | 1,200.00 |
| Re-issue application of an invention patent | 1,500.00 |
| Divisional Application – invention | 3,000.00 |
| Divisional Application – utility model / industrial design | 1,800.00 |
| Divisional Application- Conversion From Invention to Utility Model | 500.00 |
| Request for suspension of action – invention | 960.00 |
| Request for suspension of action – utility model / industrial design | 720.00 |
| Motion to shift burden of proof in an interference proceeding – invention | 1,080.00 |
| Motion to shift burden of proof in an interference proceeding –utility model/industrial design | 840.00 |
| Extension of time to file appeal briefs in ex-parte-cases-invention | 720.00 |
| Extension of time to file appeal briefs in ex-parte cases – utility model / industrial design | 480.00 |
| Post-Examination | |
| Issuance of Certificate of Letters Patent – invention | 1,200.00 |
| Issuance of certificate of Letters Patent – utility model / industrial design | 840.00 |
| Reinstatement of lapsed invention patent | 4,800.00 |
| Extension of Term (Utility Model and Industrial Design) | |
| 1st extension of term | 2,160.00 |
| 2nd extension of term | 4,320.00 |
| Annual Fees under RA 165 | |
| 5th yr | 3,240.00 |
| 6th yr | 4,320.00 |
| 7th yr | 5,400.00 |
| 8th yr | 6,480.00 |
| 9th yr | 8,640.00 |
| 10th yr | 10,800.00 |
| 11th yr | 13,920.00 |
| 12th yr | 17,820.00 |
| 13th yr | 20,400.00 |
| 14th yr | 24,840.00 |
| 15th yr | 29,160.00 |
| 16th yr | 33,360.00 |
| 17th yr | 37,680.00 |
| Excess Claim from until 17th Anniversary | 420.00 |
|
Schedule of Fees on Trademarks |
|
| Filing fee (per class) | 2,592.00 |
| Claim for Convention Priority (per class) | 1,800.00 |
| Claim of color, claim of distinctiveness (per class) | 600.00 |
| Request for Priority Examination | 6,240.00 |
| Examination | |
| Extension of time to file response (includes extension to file response to office actions on Declarations of Actual Use, Recordal and Examination) | 720.00 |
| Divisional application (regardless of classes to be divided) | 600.00 |
| Revival of Abandoned Application | 1,200.00 |
| Suspension of examination by examiner | 960.00 |
| Suspension of examination by Director (1st) | 1,200.00 |
| Extension of Time to Submit Copy of Home Reg. (National) | 1,200.00 |
| Suspension of examination by Director (2nd) | 3,840.00 |
| Amendment Fee (formalities) | 840.00 |
| Extension to file an appeal to the Director | 1,800.00 |
| Voluntary Surrender/Abandonment | |
| Allowance / Publication for Opposition | |
| Revival – unpaid 1st Publication | 1,200.00 |
| Revival – unpaid 2nd Publication | 1,200.00 |
| Reconstitution of records | 900.00 |
| Recordal fee ( assignment, change of name/address, merger) | 840.00 |
| Recordal of licensing agreement and other documents not required by the office (no publication) | 720.00 |
| Additional Class (upon examination) | 2,592.00 |
| Recordal – publication fee (for registered marks) | 960.00 |
| Registration | |
| Issuance of Certificate of Registration | 1,200.00 |
| Publication of Registration (2nd Publication) | 960.00 |
| 1st Assignment of application from small to big entity | 3,000.00 plus publication fee |
| 1st Assignment of registered mark from small to big entity | 5,500,00 plus publication fee |
| Correction (Without fault of Office) | 1,200.00 |
| Voluntary Cancellation | 600.00 |
| Voluntary Disclaimer | 600.00 |
| Division of Registration | 1,200.00 |
| Renewal of Registration | |
| Renewal of Registration (per class) | 6, 600.00 |
| Renewal surcharge (per class) | 3,300.00 |
| Filing of Declaration of Actual Use (DAU) | |
| 3rd Year DAU (per class) | 1,920.00 |
| 5th Year DAU (per class) | 2,400.00 |
| Renewal DAU (per class) | 2,400.00 |
| Mid-Renewal DAU (per class) | 2,400.00 |
| Single Extension to File 3rd year DAU | 3,840.00 |
| Declaration of Non-use (3rd year) | 1,920.00 |
| Declaration of Non-use (5th year) | 2,400.00 |
| Registered under RA 166 and expiring after June 3, 2004 | |
| 5th year DAU (per class) | 2,400.00 |
| 10th year DAU (per class) | 4,800.00 |
| 15th year DAU (per class) | 6,600.00 |
| Other motion / petition / request | 600.00 |
| MADRID PROTOCOL – Related Fees | |
| Handling Fee – Madrid | 2,592.00 |
| Individual Fee | 5,712.00 |
| Individual Fee (for Renewal) | 8,760.00 |
| Individual Fee ( for Renewal with Surcharge) | 13, 140.00 |
| Transformation Fee | 2,592.00 |
| Replacement Fee | 720.00 |
| Other request | 720.00 |
| Extension of Time to Submit Copy of Home Reg. (Madrid) | 1,200.00 |
|
Schedule of Fees in Inter-Partes Cases and Administrative Complaints for Violation of Laws on Intellectual Property Rights |
|
| Inter-Partes Case | |
| Filing of Opposition to /Petition for Cancellation of Trademark Registration | 14, 600.00 |
| Motion for Extension to File Opposition | 1,700.00 |
| Petition for Cancellation of Patent (Invention) | 19, 200.00 |
| Petition for Cancellation of Utility Model / Industrial Design | 14,600.00 |
| Petition for Compulsory Licensing (Invention) | 19,200.00 |
| Petition for Compulsory Licensing (Utility Model / Industrial Design) | 12, 200,00 |
| IPR Violation (IPV) Case | |
| Filing of IPV Complaint (Basic Fee) | 19,200.00 |
| Additional filing fee (Complaint, permissive counterclaim / cross claim) | 1/10 of 1% of the damages claimed in excess of Php 500,000.00 |
| Permissive Counterclaim / cross claim contained in an Answer | 1,560.00 |
| Application for Attachment / Injunction | 3,120.00 |
| Amendment of pleading | 1,300.00 |
| Common Fees | |
| Motion for Extension of time to file pleadings | 650.00 |
| Motion for postponement of proceedings | 1,500.00 |
| Motion for holding proceedings outside IPO premises | 1,500.00 |
| Other motions | 650.00 |
| Transcript of Stenographic Notes | 24.00 / page |
| Arbitral award Scrutiny Fee –Trademark Cases | 3,000.00 |
| Arbitral award Scrutiny Fee – Industrial Designs | 3,000.00 |
| Arbitral award Scrutiny Fee- Utility Models | 4,000.00 |
| Arbitral award Scrutiny Fee- Copyright | 4,000.00 |
| Arbitral award Scrutiny Fee- Technology Transfer | 5,000.00 |
| Arbitral award Scrutiny Fee – Invention | 5,000.00 |
| Early Mediation Fee | 15,000.00 |
|
Schedule of Fees on Voluntary Licensing, Intellectual Property Information and Research Services Dispute Settlement involving Technology Transfer Agreements |
|
| Voluntary Licensing | |
| Request for Statistical Information other than those regularly published by IPO | 600.00 |
| Request for Exemption: | |
| Filing Fee | 3,000.00 |
| Fee for each paragraph claimed in Section 87 & 88 | 840.00 |
| Extension Fee to File Requirements | 780.00 |
| Registration Fee | 3,000.00 |
| Request for Certificate of Compliance: | |
| Filing Fee | 3,000.00 |
| Registration Fee | 3,000.00 |
| Clearance Prior to Recordal | 3,000.00 |
| Preliminary Review | 3,000.00 |
| Amendment (terms and conditions of the agreement) | 1,200.00 |
| Notation of minor changes such as: Change in licensor/ licensee, addition/ deletion of products, among others, affecting technology transfer agreements with subsisting registration | 1,200.00 |
| Other requests | 1,200.00 |
| Dispute Settlement Involving Technology Transfer Arrangements | |
| Filing of Complaint/ Request for Mediation | 15,000.00 |
| Request For: | |
| Drafting of Compromise/ Mediation Agreement | 4,800.00 |
| Postponement | 1,800.00 |
| Suspension of Proceedings Extensions of Time | 1,800.00 |
| Holding Proceedings outside IPO premises | 1,800.00 |
| Special Services | |
| State of the Art Search and Related Search | |
| Equivalent Search and/or Compound per se Search | 3,900.00 |
| Comprehensive Search | 17,400.00 |
| Patent Mapping (New Fee) | 65,250.00 |
| Complex Trademark Search | 5,520.00 |
| Consultation & Guided Public Search (per hour) with use of Internet Facilities and Commercial Databases | 250.00 |
| Optional Registration as Resident Agent or Representative Application for Registration (Web-based listing) | |
| Trademark Agent | 5,000.00 |
| Patent Agent | 5,000.00 |
| Patent and Trademark Agent | 5,000.00 |
| Resident agent or Representative | 5,000.00 |
| Annual Re-Enlistment (web-based) | |
| Trademark Agent | 2,000.00 |
| Patent Agent | 2,000.00 |
| Patent and Trademark Agent | 2,000.00 |
| Resident Agent or representative | 2,000.00 |
|
Schedule of Fees on Copyright |
|
| Copyright Deposit (NCR) | 625.00 |
| Copyright Deposit (Region) | 750.00 |
| Copyright Deposit (Bulk), per certificate | 200.00 |
| Amendment /Correction – Certificate (NCR) | 625.00 |
| Amendment / Correction – Certificate ( Region) | 750.00 |
| Amendment / Correction – Certificate (Bulk) | 200.00 |
| Dispute Resolution (Author’s Rights) | 6,500.00 |
| Certified true copy of Certificate | 500.00 |
| Application for the accreditation of Collective Management Organization (CMO) | 10,000.00 |
| Amendment of Certificate of CMO accreditation | 1,000.00 |
| Renewal of accreditation of CMO | 5,000.00 |
| Request for postponement of proceedings | 1,000.00 |
| Request for holding proceedings outside IPO premises | 1,000.00 |
[1] Sec. 2 (a) A big entity” is any natural or juridical person assets are worth more than One Hundred Million Pesos; or any natural or juridical person which do not fall under the category of “small entity”.
