When through your own efforts or resources, you subsequently

develop an invention, new technology or breakthrough, it is

important to have it protected. Such intellectual property can be
copied or exploited by others if it is not protected. The usual form
of protection is to apply for a patent with the Bureau of Patents of
the Philippine Intellectual Property Office (IPO).
Republic Act. No. 8293, otherwise known as the Intellectual
Property Code of the Philippines, defines a patentable invention
as “any technical solution of a problem in any field of human
activity which is new, involves an inventive step and is
industrially applicable shall be patentable. It may be, or may
relate to, a product, or process, or an improvement of any of the
foregoing.”
Once a patent is granted by the IPO, it gives the owner the
exclusive right to use the invention and exclude others form
using, selling or making such product during the lifetime of the
patent. A patent, once granted, is good for twenty (20) years.
Applying for a patent with the IPO is both easy and difficult. Easy
because the process is fairly straightforward and simple. Difficult
because the requirements may be technical and require
specialized knowledge or expertise.
Before you apply for a patent, it is necessary to determine if your
product is patentable. The IP Code enunciates that your product
must give a technical solution to a problem. Examples of
inventions which have been patented are ballpens, televisions,
band-aid, etc.
In addition, an invention must meet the following requirements:
1. It must be novel or new (it must not have been made or used
before)
2. It must involve an inventive step (it must not be obvious to a
person of ordinary skill in the field concerned)
3. It must be industrially applicable (it must be susceptible of use
in some way)
Pertinently, not all inventions can be patented. The IP Code
enumerates what cannot be patented as follows:
• Discoveries, scientific theories and mathematical methods;
Schemes, rules and methods of performing mental acts, playing
games or doing business, and programs for computers;
• Methods for treatment of the human or animal body by surgery
or therapy and diagnostic methods practiced on the human or
animal body. This provision shall not apply to products and
composition for use in any of these methods;
• Plant varieties or animal breeds or essentially biological process
for the production of plants or animals. This provision shall not
apply to micro-organisms and non-biological and microbiological
processes.
• Provisions under this subsection shall not preclude Congress to
consider the enactment of a law providing sui generis protection
of plant varieties and animal breeds and a system of community
intellectual rights protection:
• Aesthetic creations; and
• Anything which is contrary to public order or morality.
Now, if your product satisfies the elements of an invention and is
not prohibited above, then you must prepare the necessary
documents which will be submitted with the IPO. They are:
1. Request for the Grant of Patent (this is a form provided by the
IPO)
2. Description of the Invention (Specifications and Claims)
3. Formal Drawings
4. Filing Fee (Filing Fee=P1,800; Each sheet in excess of 30= P15
per sheet; Each claim in excess of 5= P150 per claim; Request for
Substantive Examination= P1,750)
The description of the invention must contain the Abstract,
Background of the Invention, Summary of the Invention,
description of the drawings, detailed description of the invention
and the claims. It must be emphasized that the claims are
important because they enumerate the scope of the invention and
the protection thereto.
After the application has been filed with the IPO, it will undergo
formality examination, search and classification of the field of
technology which the invention relates to.
After the expiration of 18 months from the filing date, it will be
published in the IPO e-gazette. This will give third persons the
opportunity to present observations in writing concerning the
patentability of the invention, which can be commented to by the
applicant.
The applicant must also file a request for substantive examination
within six (6) months from the date publication. If such request is
not made, the application is considered as withdrawn. Thereafter,
the application will undergo examination wherein the Patent
Examiner will evaluate its patentability. If the Patent Examiner
refuses the application, he shall notify the applicant, who has the
chance to defend or amend the application.
If the Patent Examiner allows the application, he shall issue a
decision. The grant of a patent shall be published in the IPO
Gazette within six (6) months. Letters Patent will be issued to
evidence the grant of the patent.
This is how to get a Philippine Patent.

Process of acquiring a patent[edit]

Procedure[26][edit]
Application[edit]
The application must be filed at the Intellectual Property Office or through the IPOPHL TM eFile
online. The forms and fees can be accessed at the Philippine IPO Website. The process begins with
obtaining a filing date by submitting the following documents:

1. Properly filled-out Request Form for a Grant of Philippine Patent;

2. Name, address and signature of applicant(s); for non-resident applicant, the name and
address of his/her/their resident agent; and
3. Description of the invention and one or more claims
Other formal requirements, which are not needed to obtain a filing date, but maybe included at the
time of filing are:

1. A filing fee (for big or small entities which maybe paid during application filing or within one
month from the date of filing).
2. Drawing(s) necessary to understand the invention;
3. An abstract and
4. 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.
Formality of Examination[edit]
An examiner checks if the applicant has fulfilled all the formal requirements needed for the grant of a
filing date. A filing date is important because it serves to determine, in case of a dispute, who has the
right to the patent based on a "first-to-file" system.
Publication of Unexamined Application[edit]
The application will be published in the IPO Gazette for 18 months where any person may present
observations in writing concerning the patentability of the invention. The applicant may be able to
respond through writing.
Request for Substantive Examination[edit]
This must be filed within six (6) months from the date of 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.
Decision to Grant Patent or Refusal[edit]
if the examiner finds the application satisfactory with no reason for refusal, or the reason for refusal
has been properly amended or corrected, the examiner issues a decision to grant the patent
registration. If not, the examiner refuses the application.
Inspection of Records[edit]
The grant of a patent together with other information shall be published in the IPO Gazette within six
(6) months.
Appeal[edit]
(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.

IPOPHL TM eFile[edit]
The IPOPHL TM eFile is the new electronic filing system for patents launched as part of the World IP
Day Celebrations on April 23, 2016. It allows the online filing of new trademark applications 24/77
and is linked to three different payment applications. It removes the need for applicants and IP
agents to go to the IPOPHL to file trademark applications.
It is linked to two other tools - ASEAN TMclass which makes the classification of goods and services
much easier, and National IPOPHL TMview that allows the generation of preliminary search reports
that applicants may use as reference prior to filling. But its most important feature is the ease of
uploading documents together with the online application.
It is expected to go on production in June 2016. As of now, the IPOPHL eTMfile is accessible to all
trademark stakeholders.[27]

PROCEDURES FOR TRADEMARK, PATENT S, INVENTIONS AND UTILITY MODELS

TRADEMARK

The following are the steps/procedures for Trademark applications before the Intellectual Property Office or IPO:

Action to be taken Estimated Time

1. Examination of the trademark application 12 to 18 months from filing date
2. IPO issues a notice of allowance and publication for purposes of
12 to 18 months from filing date
opposition
2 months from mailing date of notice of
3. Applicant pays the publication fee prescribed by the IPO
allowance
4. IPO publishes the application in the Official Gazette for purposes of
6 to 8 months from notice of allowance
opposition
5. Persons who may be prejudiced by the registration file an opposition to 30 days from release of IPO's Official
the application Gazette
6. IPO issues Notice of Issuance (of Certificate of Registration) and 3 to 5 months from publication of the
Publication, assuming no opposition is filed notice of allowance
2 months from mailing date notice of
7. Applicant pays the issuance and publication fees prescribed by the IPO
issuance
8. IPO issues the Certificate of Registration 5 to 7 months from notice of issuance

Please note that during the examination process in item (1), action papers may be issued by the IPO and the
applicant shall be required to reply to the said action papers.

The term of a trademark registration is ten (10) years from the date of issue.

Information/documents that are required to be submitted to the Philippine Intellectual Property Office ("IPO") for
filing Trademark applications:

1. A duly accomplished Trademark Application Form which must contain the following information:

a) name and address of the applicant;

b) nationality of the applicant;
c) the State in which the applicant has his domicile, if any;
d) the State in which the applicant has a real and effective industrial or commercial establishment,
if any;
e) where the applicant is a legal entity, the nature of that legal entity, and the State or territorial

unit within a State under the law of which said legal entity was incorporated or organized; f)
iftheapplicantisalegalentity,thenameandtitle/officialdesignationofitsauthorized

signatory;
g) where there is a claim of the priority date of an earlier foreign trademark application, the name

of the country where said application was filed, the date and serial number of the foreign trademark application
and a certified copy of the priority application;

h) where there is a claim of color as a distinctive feature of the mark, the colors claimed and an indication, with
respect to each color, of the principal parts of the mark which are in that color;

i) where the mark is three-dimensional, information regarding the same; and

j) if the mark includes or consists of a device, a detailed description of said device.

2. Formal Drawings and Ten (10) facsimiles of the mark.

PATENT

The documentary requirements for filing a new patent application are as follows:

1. Request for the Grant of a Philippine Patent, which shall contain a petition for the grant of the patent, the name
and other data of the applicant, the inventor and the agent and title of the invention, utility model or industrial
design;

2. Description of the invention, utility model or industrial design;

3. Drawings necessary for the understanding of the invention, utility model or industrial design; 4. One or more
claims;
5. Abstract of the invention, utility model or industrial design, which shall consist of a concise

summary of the disclosure of the invention, utility model or industrial design as contained in the

description, claims and drawings in preferably not more than one hundred fifty (150) words; and 6. Certified copy
of the foreign application, together with an English translation thereof, if the

applicant wishes to claim a convention priority of a previous filing in a country which is a member of a treaty or
convention affording the same privilege to Filipino citizens (e.g., Paris Convention for the Protection of Industrial
Property).

Please note that item numbers (1), (2) and (4) above are required in order for the IPO to grant the patent
application a filing date.

INVENTIONS

With respect to the procedure for the filing and prosecution of patent applications, under the Rules and Regulations
on Inventions (the "Rules"), after the assignment of a filing date by the IPO, a formality examination of the
invention patent application will be conducted and a search report will be submitted to the applicant. Within
eighteen (18) months from filing date or priority date, the application will be published and third person
observations with respect to the application may be communicated in writing to the IPO. A request for a
substantive examination to determine compliance with the requirements of patentability must be made within six
(6) months from the date of publication, otherwise the application shall be deemed withdrawn. After the
substantive examination, and assuming that the application meets the requirements of the IP Code and the Rules,
the IPO will grant the Letters Patent in favor of the applicant. Within six (6) months from the grant of Letters
Patent, the invention will be published in the IPO Gazette together with other relevant information.

PATENT COOPERATION TREATY

The Patent Cooperation Treaty ("PCT") entered into force in the Philippines on 17 August 2001. Thus, with respect
to the Philippines, the provisions of the PCT apply only to applications filed on or after the said date in any of the
member-states of the PCT.

Entering the National Phase

To enter the national phase, the applicant should furnish the IPO a copy of the PCT international application in
English wherein the Philippines is one of the designated states (unless already transmitted to the International
Bureau); or if the application was filed in another language, its English translation, which shall include a translation
into English of:

a) the description;
b) the claims as filed and, where applicable, as amended under PCT Article 19; c) any text matter of the drawings;
d) the abstract; and

e) where applicable, amendments to the description, claims or drawings under PCT Article 34, as contained in the
annexes to the international preliminary examination report.

The said copy of the PCT international application or its English translation must be submitted to the IPO not later
than twenty (20) months from the priority date based on PCT Article 22(1) (PCT Chapter I) or not later than thirty
(30) months from the priority date based on PCT Article 39(1) (PCT Chapter II). Please note that if applicant's
application was filed before the PCT entered into force in the Philippines, it would follow that the Philippines was
not one of the designated states in the international application. Therefore, the applicant has no basis for entering
into the "national phase" in the Philippines, even if the Philippines subsequently joined the PCT.

In such a case, a patent application may still be filed in the Philippines but this will not be treated as a "national
phase" application but as a new and independent patent application. However, please note that under the IP Code,
the registration of an invention which has already been previously publicly disclosed by the inventor will only be
allowed if the patent application is filed in the Philippines within twelve (12) months from the disclosure of the
information contained in the said patent application.

UTILITY MODELS AND INDUSTRIAL DESIGNS

With regard to procedure for filing and prosecution of utility models and industrial designs, under the Rules and
Regulations on Utility Models and Industrial Designs (the "Regulations"), after the grant of a filing date by the IPO,
a formality examination of the utility model/design patent application will be conducted and an examination report
(the "Report"), as well as a search report, will be submitted to the applicant within at least two (2) months from
filing date.

Within two (2) months from mailing date of the examination report, the applicant must request for a registrability
report from the IPO. A registrability report contains the citations of relevant prior art documents with appropriate
citations as to their degree of relevance which will serve as an aid in determining the validity of the utility
model/industrial design with respect to the requirement of novelty or newness.

If the application meets all the requirements for registrability and the IPO fails to receive any action from the
applicant (e.g., request for an amendment, a withdrawal of the application or a search report thereof), the utility
model or industrial design shall be deemed registered upon the expiration of two (2) months from the mailing date
of the search report and a Certificate of Registration will be issued in due course.

Within six (6) months from registration, the utility model/industrial design will be published in the form of a
bibliographic data and representative drawing in the IPO Official Gazette, together with the registrability report if
one was requested.
The term of an invention shall be twenty (20) years from the filing date of the invention patent application;
however an invention patent shall cease to be in force and effect if the prescribed annual fees is not paid within the
prescribed period. On the other hand, the term of a utility model is seven (7) years from the filing date of the
utility mode patent application, without any possibility of renewal, while the term of an industrial design is five (5)
years from the filing date of the application, and may be renewed for not more than two (2) consecutive periods of
five (5) years each.