Patent

Philippines

BASIC FACTS

Patent Protected
Product Patent and Process Patent
Patentable Inventions as per Patent Act
Inventions which satisfy the conditions of novelty, inventive step and capable of industrial application, are subjected to patentability.
Inventions not Patentable
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Non-Convention Application
Yes
Convention Application
Yes
PCT National Phase Application
Yes
Divisional Application
Yes
Patent of Addition
No
Patent of Importation (Patent of Introduction)
No
Others
No
Utility Model Protection is provided under Patent
Yes
Type of Application
Convention Application and Non-Convention Application
Time Period
30 Months
Extended Deadline
1 Month
Patent of Invention
20 Years
Utility Model Patent
7 Years
Design Patent
N/A
Extension of Foreign Patent
N/A
Exceptions (e.g. Pharmaceutical Patents)
N/A

PROSECUTION

Basic Number of Pages
30 Pages
Basic Number of Claims
5 Claims
Basic Number of Dependent Claims
N/A
Basic Number of Independent Claims
N/A
Types of Claims
Inventions may be claimed in the Philippines using different type or categories of claims, i.e. products, process, apparatus, use or swiss claims.
Invention Specification
N/A
Language of Specification
English or Philippino
Translation required
Yes
Due date to file the translation
On Filing Date
Power of Attorney (In case of individual applicant, copy of passport is required)
Signed
Deed of Assignment
Notarized
Priority Document, with required translation
Certified
Incorporation Certificate, with required translation
Not Required
Home / Foreign Registration Certificate, with required translation
Not Required
International Search Report (ISR), in case of PCT
Yes
International Preliminary Examination Report (IPEA), in case of PCT
Yes
Declaration of Ownership
No
Declaration of Nationality
No
Copy of Inventor's Passport
No
Other Documents
No
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
2-3 Months
Deadline to File the Reply
2 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months with further extension of 2 Months
Time Frame for Issuance of Decision
N/A
Applicability of Examination
Mandatory
Time of Examination
Post-Publication
Time Frame from the Date of Application
24 - 36 Months
Deadline to File the Reply
2 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months with further extension of 2 Months
Time Frame for Issuance of Decision
48 - 60 Months depending on the complexity of the subject matter
Applicability of Examination
Examination of PH applications with corresponding filings in USPTO, JPO and KIPO shall be given priority by means of an advanced-out-of-turn examination. Kindly note that with regard to the PPH with USPTO, this program shall apply only to PH applications
Time of Examination
Post-Publication
Time Frame from the Date of Application
N/A
Deadline to File the Reply
2 Months
Permissible Extension to File the Reply
No
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
24 - 36 Months
Applicability of Publication
No
Time Frame of Publication from Date of Acceptance
N/A
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
6 - 12 Months

OPPOSITION

Applicability of Opposition
Prior to the grant of a patent and following the publication of the patent application, any person may present observations in writing concerning the patentability of the invention. Such observation shall be communicated by the examiner to the applicant w