Patent registration in the Philippines is a complicated procedure, However, it is a necessary task if you want to protect your invention. Although the Philippine patent system is not very much different from internationally recognized basic concepts, it still has quirks and specific requirements which should be followed in the registration of a patent.
The registration of a patent ensures that the inventor or creator is amply protected against infringers and copiers and provides legal rights and remedies to prevent the unauthorized use and appropriation of the invention by others. Before the patent is made public, or the resulting product or service is widely made available, one has to file for the registration of the patent.
The most commonly asked questions in patent registration Philippines are (a) where does one go to register a patent in the Philippines; (b) who may file a patent application in the Philippines; (c) what are the basic requirements for patent registration in the Philippines; and (d) what is the process or procedure for patent registration in the Philippines?
The basic answers to these questions are laid down below.
Where is patent registered in the Philippines?
The Philippine agency tasked with handling patent applications is the Intellectual Property Office (IPOPHL), specifically the Bureau of Patents. Its physical office is located in Taguig City in Metro Manila. If you want to directly file your patent application in the Philippines, you can use the IPOPHL online portal at ipophil.gov.ph/online-filing. It is however recommended that an expert at patent registration assist you. There are normally technical details to pay attention to in the preparation of the filing requirements.
Who may file a patent application in the Philippines?
A Filipino national may file a patent application in the Philippines. Also, any person who is a national or who is domiciled or who has real or effective industrial establishment in a country which is a party to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition to which the Philippines is also a party, or extends any reciprocal rights to nationals of the Philippines by law, may file a patent application in the Philippines.
What are the basic requirements for patent registration in the Philippines?
Patent registration in the Philippines is easy to follow, but the requirements are complex. The formality requirements for patent registration are quite specific, hence, assistance of an intellectual property law firm is highly recommended.
The documents and information required for filing patent applications in the Philippines are as follows:
- Information on the invention, the applicant and the inventor, specifically:
- – Title of Invention;
- – Name, nationality and address of applicant (that of the assignee if the invention is assigned);
- – Name, nationality, address of inventor(s); and
- – Application serial number, filing date and country of home application (if there is priority claim)
- Specifications and Claims together with the Abstract of Disclosure (in English);
- Drawings, if any;
- If priority is being claimed, certified copy of the priority document together with the English translation (if not in the English language); and
- Signed Power of Attorney in favor of the local agent or representative
If the applicant is the one filing the patent application, the Power of Attorney will not be required. For foreign applicants seeking patent registration in the Philippines, the appointment of a local agent or representative is a mandatory requirement.
What is the procedure for patent registration in the Philippines?
Once the application for patent registration is filed, it will then be examined by the examiner for compliance with the formality requirements. Once all formal requirements are complied with, substantive examination will then follow. The examiner may be raise objections during substantive examination, which would then result in the issuance of a Substantive Examination Report. All objections should be responded to and sufficiently overcome in order for the application to proceed to registration.
The patent registration process in the Philippines has the following basic stages:
- Filing of the application for patent registration
- Examination of the application
- Substantive examination
- If the application is in order, a Notice of Allowability will be issued
- Upon payment of issuance and second publication fees, the Letters Patent will be issued
The timeline for patent registration is quite daunting. It takes approximately three (3) to four (4) years for a patent to be granted or registered. Once registered, the term of a patent is twenty (20) years from the filing date of the application.
To maintain the validity of the patent registration, the annual fee or annuity requirements should be complied with. Annuity payments shall be paid upon the expiration of four (4) years from the date the application was published. It is also required to be paid on each subsequent anniversary of date of publication.
Should you require assistance in the registration of your patent in the Philippines, our law firm can ably assist and guide you.
