Patent registration in the Philippines

Patent registration is a crucial step for inventors and innovators seeking to protect their intellectual property in the Philippines. In the context of a globalized economy and the Philippines becoming an increasingly attractive destination for international businesses, the number of patents registered in the Philippines is quite large. Both domestic and international applications are on an upward trend, indicating a growing interest in intellectual property protection in the Philippines. Sectors such as information technology, telecommunications, renewable energy, biotechnology, and pharmaceuticals are attracting the most patent applications. To attract more patents to be registered, the Philippine government has been implementing policies to encourage research and development, as well as facilitate patent registration and protection. Overall, the recent situation of patent registration in the Philippines shows positive signals about the development of the intellectual property system and innovation activities. However, many businesses still do not understand the procedures for patent registration in the Philippines, Viet An Law Firm will guide customers preliminarily through the article below.

Legal basis

• Philippine Intellectual Property Law (Republic Act No. 8293) (2015 Edition)

Definition of patent in the Philippines

A patent is a government-issued license that gives an inventor exclusive rights to prevent others from producing, using, or selling their patent for a limited period of time. This exclusive right is granted in exchange for the public publication of the patent. To be patented in the Philippines, an patent must meet the following criteria:

• Novelty: The patent must be new and unknown or publicly used anywhere in the world before the date of filing the patent application.
• Patent step: The patent must not be obvious to a person with expertise in the relevant technology field.
• Industrial applicability: The patent must be capable of being created or used in any type of industry.

Benefits of patent registration

• Prevent others from producing, using, or selling an applicant’s patent without permission.
• License the applicant’s patent to another person for profit such as royalties.
• Sale of the applicant’s patent to another party.

Patent lookup in the Philippines

Search online through IPOPHL

The Philippine Intellectual Property Office (IPOPHL) offers a free online search tool on their website. The applicant can search by patent number, applicant name, inventor name, title or keyword. Search results will show patent details, including summaries, claims, and drawings. Customers can access via the link below: https://www.ipophil.gov.ph/services/patent-search-analytics/

Search through the PatentScope system

It is a global patent database maintained by the World Intellectual Property Organization (WIPO), which includes nearly 23,000 full-text documents from the Philippines’ patent collection. The applicant can search by keyword, patent classification, applicant name, or inventor name. Customers wishing to search access the following path: https://www.wipo.int/patentscope/en/

Search through the Chan Robles Virtual Law Library system

This website provides a free Philippine patent search tool. The applicant can search by title, summary or publication number, the search results will display basic information about the patent and a link to the full patent text. Customers can access the link below:

https://www.chanrobles.com/ipo/phil_patentquicksearch.php

Patent filings in the Philippines

Customers prepare a dossier including the following documents

• Patent application: A patent application follows the form of IPOPHL and includes information such as the name and address of the applicant, a description of the patent, and protection claims.
• Detailed description of the patent: This is the most important document of the dossier, describing in detail about the patent, how it works and its advantages. The description must be detailed enough for a person with expertise in the field to carry out the patent.
• Technical drawings (if any): If the patent can be illustrated by drawings, technical drawings must be accompanied by documents. Drawings must be clear, detailed and comply with regulatory standards.
• Summary of patent: A brief summary of the patent, usually no more than 150 words.
• Power of attorney (if applicable): If the applicant does not file the application in person, they must authorize a representative (attorney or patent agent) to file the application and handle the related procedures.
• Proof of payment of fees: The applicant must pay the fees set forth for filing, application appraisal, and patent issuance.

Patent Registration Fees in the Philippines

The fees for patent registration in the Philippines depend on several factors such as the following:

• Size of applicant: Small businesses (individuals, micro, small and medium enterprises, etc.) have lower fees than large businesses.
• Stage of the application process: Includes fees for filing, appraisal, degree, and retention.
• Additional requirements: For expedited due diligence requests, right-of-way, or division… The applicant will have to pay an additional fee

The full fee schedule can be found on the website of the Philippine Intellectual Property Office (IPOPHL) via the link below:

https://www.ipophil.gov.ph/services/schedule-of-fees/patent-related-fees/

How to file a patent application in the Philippines

To file a patent application in the Philippines, you can file using the following filing methods:

• Direct submission: Customers can come directly to the Intellectual Property Office at Intellectual Property Center #28 Upper McKinley Road, McKinley Hill Town Center, Fort Bonifacio, Taguig City, 1634 Philippines to submit the application and related documents.
• By Post: You may send your application form and all required documents via postal or courier service to the Intellectual Property Office at #28 Upper McKinley Road, McKinley Hill Town Center, Fort Bonifacio, Taguig City, 1634 Philippines.
• You can apply for patent protection via the link below:

https://onlineservices.ipophil.gov.ph/ePatentFile/

Patent registration in the Philippines through PCT system

What is a PCT system?

The PCT system stands for  Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by  the World Intellectual Property Organization (WIPO) and has more than 150 participating countries, including the Philippines. The Philippines acceded to the treaty on August 17, 2001

Benefits of PCT system:

• Time and cost savings: The PCT system allows applicants to file a single patent application for patent protection in multiple Treaty countries, instead of having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the patent. This is valuable time for the applicant to assess the commercial potential of the patent and prepare for the national filing.
• Simplified Process: The PCT system uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Patent Search Office and Written Opinion will provide the applicant with information about the novelty and patentability of the patent, helping the applicant make an informed decision about the national filing.
• Strengthening international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and sharing of experiences between countries.
• Innovation support: PCT systems help promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent application through PCT system

To file a patent application through the PCT system, you need to prepare a dossier that includes the following documents:

• PCT Application: Applications can be submitted in Vietnamese or English, however, it is recommended to be submitted in English to facilitate the processing process. You can download the PCT form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of patent: The description of the patent should present details and clarity about the patent, including:
  • Patent Name Technical field
  • Patent summary
  • Detailed explanation of the patent
  • Drawings (if any)
  • Claims for protection
• Claim for protection: The claim should clearly define the scope of protection that the applicant wants for the patent.
• Patent Declaration: The patent statement should clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant should provide a Power of Attorney Letter authorizing the representative to represent the applicant on behalf of the applicant during the application process and processing the procedure.

Additional documents (may require):

• Priority Document (if applicable): If the applicant filed a patent application for the same patent in another country prior to filing the PCT application, the applicant may claim priority based on the filing date.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT application fee to the International Reception Office (IB).

Patent registration service in the Philippines of Viet An Law Firm

• Perform the search and notify customers in writing the results of patent search in the Philippines;
• Draft documents and directly file and monitor the status of patent filings in the Philippines on behalf of the patent owner;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring patent applications in the Philippines;
• Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives performing procedures in the Philippines.
• Receive dispatches, certificates and hand over to customers (if any).

If you need to file a patent application in the Philippines, please contact Viet An Law Firm for the most effective support.