ABOUT PATENTS

A Patent is a grant issued by the government through the Intellectual Property Office of the Philippines
(IP Philippines). It is an exclusive right granted for a product, process or an improvement of a product or
process which is new, inventive and useful. This exclusive right gives the inventor the right to exclude
others from making, using, or selling the product of his invention during the life of the patent.

A patent has a term of protection of twenty (20) years providing an inventor significant commercial gain.
In return, the patent owner must share the full description of the invention. This information is made
available to the public in the form of the Intellectual Property Official Gazette and can be utilized as basis
for future research and will in turn promote innovation and development.

Patentable inventions offer a technical solution to a problem in any field of human activity. However,
theories, mathematical methods, methods of treatment and artistic creations are Non-Patentable
inventions.


PATENTABLE INVENTIONS

A Technical Solution to a Problem
In any field of human activity
It must be NEW
It must involve an INVENTIVE STEP
It must be INDUSTRIALLY APPLICABLE
Statutory Classes of Invention

A useful machine
A product or composition
A method or process, or
An improvement of any of the foregoing
Microorganism
Non-biological & microbiological process


Non-Patentable Inventions

Discovery
Scientific theory
Mathematical methods
Scheme, rule and method of
performing mental act
playing games
doing business
program for computer
Method for treatment human or animal body by surgery or therapy & diagnostic method
Plant variety or animal breed or essentially biological processes for the production of plants and
animals
Aesthetic creation
Contrary to public order or morality (Sec. 22, IP Code )
REQUIREMENT FOR PATENTABILITY

NOVELTY
INVENTIVE STEP
INDUSTRIAL APPLICABILITY
INVENTIVE STEP

An invention involves an inventive step, if having regard to prior art
it is not obvious to a person skilled in the art
OBVIOUSNESS

Not beyond normal progress of technology
Follows plainly or logically from the prior art
Does not require any skill or ability beyond that to be expected of the person skilled in the art
SKILLED PERSON

Ordinary practitioner who is Aware of common general knowledge in specific art
Has access to everything disclosed as the state of the art
Observes developments in related technical field
Who may apply for a Patent?

Natural person
Juridical person
a body of persons, a corporation, a partnership, or other legal entity recognized by law
Requirements for Filing a Patent

1. Request for the Grant of Patent
2. Description of the Invention (Specification and Claim/s)
3. Drawings necessary for the Invention (if any)
4. Filing Fee
CONTENTS OF THE SPECIFICATION

1. Title of the Invention
2. Abstract of the Disclosure
3. Background of the Invention
4. Summary of the Invention
5. Brief Description of the Drawings
6. Detailed Description
7. Claim/s

Who prepares the Patent Application?

Applicant or Inventor
First obtain practical ideas as to how specification and claims are drafted by perusal and study
of patents previously granted on related invention in the IPP Library or to any IP website.

Fees
Published on Wednesday, 18 July 2012 19:02 | |
PATENT FEES
SECTION 2. Schedule of Invention Patent-related fees. The fees provided in this Section shall apply to
invention patents.
SCHEDULE OF INVENTION PATENT-RELATED FEES
Reference
Code
Type of Fee Big Small
1. PRE-EXAMINATION
201 1.1. Filing Fee 3,600.00 1,800.00
202 1.2. For each sheet in excess of thirty (30) 30.00 15.00
203 1.3. For each claim in excess of five (5) 300.00 150.00
204 1.4. Request for right of priority 1,800.00 900.00
205 1.5. Request for Extension of Time to File
Priority Documents
1,300.00 650.00
206 1.6. Divisional Application (for each division) 3,600.00 1,800.00
207 1.7. Conversion From Utility Model to
Invention
1,200.00 600.00
208 1.8. Early Publication: Request for publication
before the expiration of 18 months from filing
date or priority date
5,550.00
2. EXAMINATION
2.1. Request for:
2.1.1. Extension of time to file Response
209 2.1.1.1. First 600.00 300.00
210 2.1.1.2 Second 650.00 325.00
211 2.1.2. Substantive Examination 3,500.00 1,750.00
212 2.1.3. Revival 1,000.00 500.00
213 2.1.1.2 Second 70.00 per page
3. POST-EXAMINATION
3.1. Amendment or correction in the Letters
Patent

Plus publication fee
3.2. Petition for:

3.2.1 Voluntary surrender or cancellation 600 300

Plus publication fee
216 3.2.2 Any amendment or any correction of
mistake in a Letters Patent of formal and clerical
nature without fault of Office
600.00 300.00
217 3.2.3 Any amendment or any correction in a
Letters Patent of substantive nature
1,500.00 750.00
218 5th year 2,700.00 1,350.00
219 6th year 3,600.00 1,800.00
220 7th year 4,500.00 2,250.00
221 8th year 5,400.00 2,700.00
222 9th year 7,200.00 3,600.00
223 10th year 9000.00 4,500.00
224 11th year 11,600.00 5,800.00
225 12th year 14,400.00 7,200.00
226 13th year 17,000.00 8,500.00
227 14th year 20,700.00 10,350.00
228 15th year 24,300.00 12,150.00
229 16th year 27,800.00 13,900.00
230 17th year 31,400.00 15,700.00
231 18th year 37,700.00 18,850.00
232 19th year 45,300.00 22,650.00
233 20th year 54,300.00 27,150.00
234 5. Annual fee for each claim in excess of five (5)
(5th to 20th year) due and payable at the same
time as the applicable Annual Fee listed above.
350.00 175.00
235 6. Notice and publication of non-payment of
annual fee
350.00
minimum;
approximately 1/8
page


SECTION 4. Schedule of Patent-related Fees for applications under Republic Act No. 165. The rates
provided in this Section shall apply to applications filed and/or granted under Republic Act No. 165 (the
former law on patents). The rate of other applicable fees which are not found in this Section shall be
based on rates provided in Part III, Sections 1, 2 and 3 of these Rules. In determining the due date of the
Annual Fees (Reference Code Nos. 420 through 433), the date of issuance of the patent is the same as
the date when the Director of Patents approved and signed the allowance.

SCHEDULE OF PATENT-RELATED FEES UNDER REPUBLIC ACT NO. 165
Reference
Code
Type of Fee Big Small
1. PRE-EXAMINATION
401
1.1. For each claim in excess of five (5) in
Invention
150.00 75.00
402
1.2. For each embodiment in excess of one (1)
in Ind. Design
1,200.00 600.00
1.3. Claim of convention priority
403
1.3.1. Invention
1,500.00 750.00
404
1.3.2. Utility Model & Design
1,200.00 600.00
405
1.4. Re-issue application of an invention patent
1,500.00 750.00
1.5. Divisional Application (for each division)
406
1.5.1. Invention
3,000.00 1,500.00
407
1.5.2 Utility Model & Design
1,800.00 900.00
408
1.6. Conversion From Invention to Utility Model
500.00 250.00
2. EXAMINATION
2.1. Request for suspension of action
409
2.1.1. Invention
800.00 400.00
410
2.1.2. Utility Model & Design
600.00 300.00

2.2. Interference
600.00 300.00
2.2.1. Motion to:

2.2.1.1 Dissolve interference
400.00 200.00

2.2.1.2 Add party to an interference proceeding
400.00 200
2.2.1.3. Shift burden of proof in an interference proceeding
411
2.2.1.3.1. Invention
900.00 450.00
412
2.2.1.3.2. Utility Model and Design
700.00 350.00
2.2.2. Extension of time to file appeal briefs in ex-parte cases
413
2.2.2.1 Invention
600.00 300.00
plus publication
fee
414
2.2.2.2 Utility Model and Design
400.00 200.00
plus publication
fee
3. POST-EXAMINATION
3.1 Issuance of Certificate of Letters Patent
415
3.1.1 Invention
1,000.00 500.00
plus publication
fee
416
3.1.2 Utility Model and Industrial Design
700.00 350.00
plus publication
fee
417
3.2 Reinstatement of lapsed invention patent
4,000.00 2,000.00
plus publication
fee
4. EXTENSION OF TERM (Utility Model and Industrial Design)
4.1 Petition for -
418
4.1.1 1st Extension
1,800.00 900.00
plus publication
fee
419
4.1.2 2nd Extension
3,600.00 1,800.00

5. ANNUAL FEES
Due and payable at
the beginning of
the
stated year
reckoned
from the date of
issuance of patent
420 5th year 2,700.00 1,350.00
421 6th year 3,600.00 1,800.00
422 7th year 4,500.00 2,250.00
423 8th year 5,400.00 2,700.00
424 9th year 7,200.00 3,600.00
425 10th year 9,000.00 4,500.00
426 11th year 11,600.00 5,800.00
427 12th year 14,400.00 7,200.00
428 13th year 17,000.00 8,500.00
429 14th year 20,700.00 10,350.00
430 15th year 24,300.00 12,150.00
431 16th year 27,800.00 13,900.00
432 17th year 31,400.00 15,700.00
433
6. Annual fee for each claim in excess of five (5)
(5th to 17th year) due and payable at the
same time as the applicable Annual Fee listed
above.
350.00 175.00
434
7. Notice and Publication of non-payment of
350.00
annual fee
Minimum;
approximately 1/8
page



Patent Application Flow Chart
Published on Wednesday, 18 July 2012 22:08 | |

Invention Patent Application Procedures

1. Application for Invention Patent
The application for a grant of Philippine Patent (for Invention) must be 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. To obtain a filing date, the following has to be submitted:
(a) Properly filled-out Request Form for a Grant of Philippine Patent;

(b) Name, address and signature of applicant(s); for non-resident applicant, the name and address
of his/her/their resident agent; and

(c) Description of the invention and one or more claims.
NOTE: It is advised that any drawing/s necessary to understand the subject invention should be
submitted at the time of filing so that there would not be a possible change in filing date due to late
submission/filing of said drawing/s . (Rule 602 of the IRR)The other formal requirements, which are not
needed to obtain a filing date, but maybe included at the time of filing are:
(a) A filing fee (for big or small entities) which maybe paid during application filing or within one
month from the date of filing. The application shall be deemed automatically cancelled/withdrawn in case
of non-payment of such fees;
(b) Drawing(s) necessary to understand the invention;
(c) An abstract; and
(d) If the priority of an earlier filed application is being claimed, the details of the claim, i.e. filing
date, file number and country of origin.
2. Formality Examination Upon receipt of the application, the examiner checks if the application
satisfies the formal requirements needed for the grant of a filing date. The date of filing is very important
under the present first-to-file system because it serves to determine, in case of a dispute with another
applicant for the same invention, who has the right to the patent.
3. Publication of Unexamined Application After the formality
examination, search and the classification of the field of technology to which the invention is
assigned, the application together with the results of the search (which contains a list of published patent
applications or issued patents for inventions, which are identical or equivalent to those claimed by the
application), will be published in the IPO Gazette (after the expiration of 18 months from the filing date or
priority date). After the publication of the application, any person may present observations in writing
concerning the patentability of the invention. Such observation shall be communicated to the applicant
who may comment on them.
4. Request for Substantive Examination Substantive examination is conducted upon
request. The request for substantive examination of the application must be filed within six (6) months
from the date of the publication. The application is considered withdrawn if no request is made within that
period. If the examiner finds reason to refuse the registration of the application, i.e. the application is not
new, inventive or industrially applicable, the Bureau shall notify the applicant of the reason for
refusal/rejection giving the applicant the chance to defend or amend the application.
5. Decision to Grant Patent Registration or Decision of Refusal If the examiner finds no reason for
refusal of the application, or if the notice of reason for refusal is satisfactorily complied with by
amendment or correction, the examiner issues a decision to grant the patent registration. Otherwise, the
examiner refuses the application.
6. Inspection of Records The grant of a patent together with other 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.
7. Appeal (a) Every applicant may appeal to the Director of Patents the final refusal of the
examiner to grant the patent within two (2) months from the mailing date of the final refusal. 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 together with the payment of the required fee. (b) The decision of
the Director General may be appealed to the Court of Appeals. If the applicant is still not satisfied with the
decision of the Court of Appeals, he may appeal to the Supreme Court.

ABOUT UTILITY MODELS
A Utility Model is a protection option, which is designed to protect innovations that are not sufficiently
inventive to meet the inventive threshold required for standard patents application. It may be any useful
machine, implement, tools, product, composition, process, improvement or part of the same, That is of
practical utility, novelty and industrial applicability. A utility model is entitled to seven (7) years of
protection from the date of filing, with no possibility of renewal. Normal 0 false false false EN-US X-NONE
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Utility model registration is intended to accommodate local industries, small businesses or entities by
providing an industrial property right that is relatively inexpensive, quick, easy to obtain and suited to
innovations having short commercial life. Utility model registration is a useful tool in supporting the first to
market place advantage. It promotes progress of technology and encourages innovation among small to
medium businesses and the local industry.

It is inexpensive and easy to obtain, however it can't be enforced until after examination has been carried
out and the registration is certified. A utility model is examined to determine if it meets the requirements
embodied in the existing Utility Model law and its Implementing Rules and Regulations (IRR). It need not
undergo substantive examination before it is certified.

You can apply for Utility Model registration directly with the IP Philippines. An application for registration
should contain a duly accomplished request for registration as prescribed by the Bureau, specification or
description containing the following: (a). title; (b) technical field; (c). background of the Utility Model; (d)
brief description of the several views of the drawings, if any; (e) detailed description; (f) claim or claims;
(g) drawings, if any; and (h) abstract of the disclosure.
DESIGN FEES

SECTION 3. Schedule of Fees on Utility Model and Industrial Design Patents. The fees provided in
this Section shall apply to utility model and industrial design patents.

SCHEDULE OF FEES ON UTILITY MODEL AND INDUSTRIAL DESIGN
Reference
Code
Type of Fee Big Small
1. PRE-EXAMINATION
301 1.1. Filing Fee 3,000.00 1,500.00
302 1.2. For each sheet in excess of thirty (30) 30.00 15.00
303 1.3. For each claim in excess of five (5) in Utility
Model
200.00 100.00
304 1.4. For each embodiment in excess of one (1) in
Ind. Design
1,500.00 750.00
305 1.5. Request for right of priority 1,500.00 750.00
306 1.6. Divisional Application (for each division) 3,000.00 1,500.00
307 1.7. Conversion From Invention to Utility Model 550.00 275.00
2. EXAMINATION
2.1. Request for:
2.1.1. Extension of time to file Response
308 2.1.1.1 First 600.00 300.00
309 2.1.1.2 Second 650.00 325.00
310 2.1.2. Registrability Report 1,100.00 550.00
311 2.1.3. Revival 1,000.00 500.00
312 2.2 Preparation of amended page(s) of the master
copy of the specifications and/or claims
70.00 per page
3. POST -EXAMINATION
313 3.1. Amendment or correction to the Registration 500.00 250.00
plus publication
fee
3.2 Petition for:
314 3.2.1 Voluntary surrender or cancellation 500.00 250.00
plus publication
fee
315 3.2.2 Any amendment or any correction of
mistakes in a Registration of formal and clerical
nature without fault of Office
500.00 250.00
316 3.2.3 Any amendment or any correction of
mistakes in a Registration of substantive nature
800.00 400.00
4. EXTENSION OF TERM (Industrial Design Registration per
embodiment)
4.1 Petition for Extension of Term
317 4.1.1 First 1,800.00 900.00
plus publication
fee
318 4.1.2 Second 3,600.00 1,800.00
plus publication
fee


Application Process Flow Chart
Published on Monday, 30 July 2012 19:10 | |


Utility Model

1. Application for Utility Model or Industrial Design Patent
The application for registration of a Utility Model or Industrial Design (UM/ID) must be 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.
To obtain a filing date, the following has to be submitted:
(a) Properly filled-out Request form for a Registration of Utility Model or Industrial Design;

(b) Name, address and signature of applicant(s); for non-resident applicant, the name and address of
his/her/their resident agent, and;

(c) Description of the Utility Model or Industrial Design and one or more
claims; for Industrial Design, drawing/s and a "design" claim.
NOTE: For Utility Model application, it is advised that any drawing/s necessary to understand the
subject utility model should be submitted at the time of filing so that there would not be a possible change
in filing date due to late submission/filing of said drawing/s. (RULE 203 of the IRR)

The other formal requirements, which are not needed to obtain a filing date, but maybe included at the
time of filing are:
(a) A filing fee (for big or small entities) which maybe paid during application filing or within one month
from the date of filing. The application shall be deemed automatically cancelled/withdrawn in case of
non-payment of such fees;
(b) Drawing(s) necessary to understand the invention, and;
(c) If the priority of an earlier filed application is being claimed, the details of the claim, i.e. filing date,
file number and country of origin.
2. Formality Examination
The utility model or industrial design shall be examined as to the completeness of the requirements
for the grant of a filing date. Under the present first to file system, the date of filing is very important
because it determines, in case of a dispute with another applicant for the same or similar utility model or
industrial design, who has the prior right and is therefore entitled to the registration of the utility model or
industrial design.
3. Formality Examination Report/Search Report
The application is classified and examined as to completeness of formal requirements, and a report
thereon is sent to the applicant.
4. Applicants Action on the Formality Examination Report
Within two (2) months from the mailing date of the formality examination report and the search report,
the applicant may:
(1) convert the utility model application to an application for an invention patent; or
(2) withdraw the application; or
(3) amend the application; or
(4) request for a registrability report
The registrability report shall be given to the applicant within two (2) months from receipt of the request
and payment of fee from the applicant. The report shall contain citations of relevant prior art documents
with appropriate indications as to their degree of relevance which will serve as an aid to the applicant in
the determination of the validity of the utility model or industrial design claim(s) in respect to newness.
(5) not act in any way
If the application meets all the formal requirements for registration and the Bureau does not receive
any action from the applicant, the utility model or industrial design shall be deemed registered provided all
the required fees are paid.
5. Publication Upon Registration of the Utility Model or Industrial Design
Registration of the utility model or industrial design shall be published in the form of bibliographic data
and representative drawing, if any, in the IPO Gazette within six (6) months after registration.

About Industrial Design
An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-
dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as
patterns, lines or color. Industrial designs are applied to a wide variety of products of industry and
handicraft: from technical and medical instruments to watches, jewelry, and other luxury items; from
house wares and electrical appliances to vehicles ; from textile designs to leisure goods. To be protected
under most national laws, an industrial design must be non-functional. This means that an industrial
design is primarily of an aesthetic nature and any technical features of the article to which it is applied are
not protected.

When an industrial design is protected, the owner the person or entity that has registered the design
is assured an exclusive right against unauthorized copying or imitation of the design by third parties. This
helps to ensure a fair return on investment. An effective system of protection also benefits consumers and
the public at large, by promoting fair competition and honest trade practices, encouraging creativity, and
promoting more aesthetically attractive products.

Protecting industrial designs helps economic development, by encouraging creativity in the industrial and
manufacturing sectors, as well as in traditional arts and crafts. They contribute to the expansion of
commercial activities and the export of national products. Industrial designs can be relatively simple and
inexpensive to develop and protect. They are reasonably accessible to small and medium-sized
enterprises as well as to individual artists and craftsmen, in both industrialized and developing countries.
DESIGN FEES

SECTION 3. Schedule of Fees on Utility Model and Industrial Design Patents. The fees provided in
this Section shall apply to utility model and industrial design patents.

SCHEDULE OF FEES ON UTILITY MODEL AND INDUSTRIAL DESIGN
Reference
Code
Type of Fee Big Small
1. PRE-EXAMINATION
301 1.1. Filing Fee 3,000.00 1,500.00
302 1.2. For each sheet in excess of thirty (30) 30.00 15.00
303 1.3. For each claim in excess of five (5) in Utility
Model
200.00 100.00
304 1.4. For each embodiment in excess of one (1) in
Ind. Design
1,500.00 750.00
305 1.5. Request for right of priority 1,500.00 750.00
306 1.6. Divisional Application (for each division) 3,000.00 1,500.00
307 1.7. Conversion From Invention to Utility Model 550.00 275.00
2. EXAMINATION
2.1. Request for:
2.1.1. Extension of time to file Response
308 2.1.1.1 First 600.00 300.00
309 2.1.1.2 Second 650.00 325.00
310 2.1.2. Registrability Report 1,100.00 550.00
311 2.1.3. Revival 1,000.00 500.00
312 2.2 Preparation of amended page(s) of the master
copy of the specifications and/or claims
70.00 per page
3. POST -EXAMINATION
313 3.1. Amendment or correction to the Registration 500.00 250.00
plus publication
fee
3.2 Petition for:
314 3.2.1 Voluntary surrender or cancellation 500.00 250.00
plus publication
fee
315 3.2.2 Any amendment or any correction of
mistakes in a Registration of formal and clerical
nature without fault of Office
500.00 250.00
316 3.2.3 Any amendment or any correction of
mistakes in a Registration of substantive nature
800.00 400.00
4. EXTENSION OF TERM (Industrial Design Registration per
embodiment)
4.1 Petition for Extension of Term
317 4.1.1 First 1,800.00 900.00
plus publication
fee
318 4.1.2 Second 3,600.00 1,800.00
plus publication
fee


Application Process Flow Chart
Published on Monday, 06 August 2012 18:23 | |


Industrial Design

1. Application for Utility Model or Industrial Design Patent
The application for registration of a Utility Model or Industrial Design (UM/ID) must be 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.
To obtain a filing date, the following has to be submitted:
(a) Properly filled-out Request form for a Registration of Utility Model or Industrial Design;

(b) Name, address and signature of applicant(s); for non-resident applicant, the name and address of
his/her/their resident agent, and;

(c) Description of the Utility Model or Industrial Design and one or more
claims; for Industrial Design, drawing/s and a "design" claim.
NOTE: For Utility Model application, it is advised that any drawing/s necessary to understand the
subject utility model should be submitted at the time of filing so that there would not be a possible change
in filing date due to late submission/filing of said drawing/s. (RULE 203 of the IRR)

The other formal requirements, which are not needed to obtain a filing date, but maybe included at the
time of filing are:
(a) A filing fee (for big or small entities) which maybe paid during application filing or within one month
from the date of filing. The application shall be deemed automatically cancelled/withdrawn in case of
non-payment of such fees;
(b) Drawing(s) necessary to understand the invention, and;
(c) If the priority of an earlier filed application is being claimed, the details of the claim, i.e. filing date,
file number and country of origin.
2. Formality Examination
The utility model or industrial design shall be examined as to the completeness of the requirements
for the grant of a filing date. Under the present first to file system, the date of filing is very important
because it determines, in case of a dispute with another applicant for the same or similar utility model or
industrial design, who has the prior right and is therefore entitled to the registration of the utility model or
industrial design.
3. Formality Examination Report/Search Report
The application is classified and examined as to completeness of formal requirements, and a report
thereon is sent to the applicant.
4. Applicants Action on the Formality Examination Report
Within two (2) months from the mailing date of the formality examination report and the search report,
the applicant may:
(1) convert the utility model application to an application for an invention patent; or
(2) withdraw the application; or
(3) amend the application; or
(4) request for a registrability report
The registrability report shall be given to the applicant within two (2) months from receipt of the request
and payment of fee from the applicant. The report shall contain citations of relevant prior art documents
with appropriate indications as to their degree of relevance which will serve as an aid to the applicant in
the determination of the validity of the utility model or industrial design claim(s) in respect to newness.
(5) not act in any way
If the application meets all the formal requirements for registration and the Bureau does not receive
any action from the applicant, the utility model or industrial design shall be deemed registered provided all
the required fees are paid.
5. Publication Upon Registration of the Utility Model or Industrial Design
Registration of the utility model or industrial design shall be published in the form of bibliographic data
and representative drawing, if any, in the IPO Gazette within six (6) months after registration.