Philippines

Background

The Intellectual Property Office of the Philippines

The Intellectual Property Office of the Philippines (IPOPHL) is the lead agency in the country mandated to implement State Policies on intellectual property (IP). It was created by Republic Act No. 8293 or the Intellectual Property Code of the Philippines (IP Code), which was signed into law on June 6, 1997 and took effect on January 1, 1998.


Mandate of the IPOPHL

The IPOPHL has the following mandates:

  • Examine applications for grant of letters of patent for inventions and register utility models and industrial design;
  • Examine applications for the registration of marks, geographical indications, and integrated circuits;
  • Register technology transfer arrangements, settles disputes involving technology transfer payments, and develops and facilitate technology transfer;
  • Promote the use of patent information as a tool for technology development;
  • Publish regularly the patents, marks, utility models, and industrial designs issued and approved, and the technology transfer arrangements registered;
  • Coordinate with other government agencies and the private sector to strengthen the protection and enforcement of intellectual property rights in the country;
  • Administratively adjudicate contested proceedings affecting intellectual property rights; and
  • Coordinate with other government agencies and the private sector efforts to formulate and implement plans and policies to strengthen the protection of intellectual property rights in the country.

In addition, on February 28, 2013, Republic Act 10372 – An Act Amending Certain Provisions of Republic Act No. 8293, Otherwise known as the “Intellectual Property Code of the Philippines, and for other Purposes was approved. The passage of the Law enables the IPOPHL to institutionalize its Copyright Services and create a Bureau of Copyright. The IPOPH, through the Enforcement Unit, can also now exercise the following functions, like: undertake enforcement function supported by other concerned government agencies; conduct visits to businesses and establishments engaging in activities violating IPR, based on report, information or complaint received by the Office; and such other functions in furtherance of protecting IP rights and the objectives of the IP Code of the Philippines.

View IPOPHL Historical Highlights by clicking the link below:<
http://www.ipophil.gov.ph/index.php/vision-mission/historical-highlights


IPOPHL Vision

An Intellectual Property-conscious Philippines in a demystified, development-oriented, and democratized IP System by 2020 (2020 VISION: 3D IP)


IPOPHL Mission

We are a knowledge-driven government organization that works towards economic, technological, and socio-cultural development by communicating, enabling, and ensuring the effective use of the Intellectual Property System in all levels of society for the creation, protection, utilization, and enforcement of Intellectual Property


IPOPHL Strategic Goals

SG1     Deliver quality and timely patents, trademarks, and other registrations

SG2     Provide speedy, quality, and effective legal remedies and be the forum of choice for IP dispute resolution

SG3     Provide IP-related business development and technology transfer services

SG4     Institutionalize copyright support services

SG5     Increase the level of appreciation of, respect for, and utilization of IP

SG6     Lead the advocacy for legal and policy infrastructures to address emerging national and global demands of the IP system

SG7     Develop and maintain a highly-motivated, competent, and cohesive workforce committed to serve with professionalism, transparency, and integrity

SG8     Provide a conducive work environment that supports professional growth and promotes work-life balance

Organization

The Intellectual Property Office of the Philippines is headed by the Director General and is assisted by two (2) Deputies Director General. At present, the Office has six (6) Bureaus, namely: the Bureau of Patents, Bureau of Trademarks, Bureau of Legal Affairs, the Documentation, Information and Technology Transfer Bureau, the Management Information Systems Bureau, and the Financial Management and Administrative Services Bureau. Each Bureau is headed by a Director and is assisted by an Assistant Director.

* Please note that with the Amendment under Republic Act No. 10372, another bureau, Bureau of Copyright will be established.


Organization_Staffs

Registration Procedure

Industrial Design Application Flow Chart

Industrial Design Application Flow Chart


Industrial Design Application Procedure


  1. Application for Industrial Design Patent The application for registration of an Industrial Design (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 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 Industrial Design and one or more drawing/s and a "design" claim.
    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 design, 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 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 industrial design, who has the prior right and is therefore entitled to the registration of the 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. Applicant’s 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 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 industrial design claim(s) in respect to newness. If the application meets all the formal requirements for registration and the Bureau does not receive any action from the applicant, the industrial design shall be deemed registered provided all the required fees are paid.  
  5. Publication Upon Registration of the Industrial Design Registration of the 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. * To view the schedule of industrial design fees, please click the link below: http://www.ipophil.gov.ph/index.php/design/fees
     

Patent Application Flow Chart

Patent Application Flow Chart


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. * To view the schedule of invention patent-related fees, please click the link below: http://www.ipophil.gov.ph/index.php/patents/fees

PCT Flow Chart – International Phase

PCT Flow Chart - International Phase

PCT Flow Chart - International Phase

PCT Flow Chart - International Phase

PCT Flow Chart - International Phase

 

 

* To view the schedule of PCT fees, please click the link below:

http://www.ipophil.gov.ph/index.php/patents/pct-fees


Utility Model

Utility Model

Utility Model

  1. Application for Utility Model The application for registration of a Utility Model (UM) 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; (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 and one or more claims; 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, 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. Applicant’s 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 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 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 shall be published in the form of bibliographic data and representative drawing, if any, in the IPO Gazette within six (6) months after registration. * To view the schedule of utility model fees, please click the link below: http://www.ipophil.gov.ph/index.php/utility-models/utility-model-fees  

Trademarks

Trademarks

* To view the schedule of trademark fees, please click the link below:

http://www.ipophil.gov.ph/images/Trademark/TrademarkFees.pdf

Laws and Regulations

QUICK ACCESS
Laws (34 texts) Implementing Rules/Regulations (41 texts) Pending IP legislations
Treaty Membership (51 texts) Relevant links  

Laws

 
Main IP Laws: enacted by the Legislature (Date of current version)
IP-related Laws: enacted by the Legislature (Date of current version)
IP Laws: issued by the Executive (Date of current version)

Implementing Rules/Regulations

 
Intellectual Property (Date of current version)

Treaty Membership

 
WIPO-Administered Treaties (Entry into force of the Treaty for the Contracting Party)
 Summary Table of Membership of the World Intellectual Property Organization (WIPO) and the Treaties Administered by WIPO, plus UPOV, WTO and UN
IP-related Multilateral Treaties (Entry into force of the Treaty for the Contracting Party)
IP Regional Treaties (Entry into force of the Treaty for the Contracting Party)

Regional Economic Integration Treaties (Entry into force of the Treaty for the Contracting Party)
IP-relevant Bilateral Treaties (Entry into force of the Treaty for the Contracting Party)

Relevant links

 

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