• Patent fees

Fees associated with filing patent applications in the Philippines, as well as other patent fees, are available in the fee calculator.

• The term for filing patent applications in the Philippines

A Philippine patent application claiming conventional priority should be filed within 12 months from the priority date. Restoration of the priority right is not possible.

• Minimum filing requirements

To obtain a filing date, a Philippine patent application must contain:
- request to grant a patent;
- applicant(s) details;
- description of the invention, one or more claims, drawings, and an abstract.

• Language of the Philippine patent application

A Philippine patent application may be filed in Filipino or English.  

• Priority document

A certified copy of the priority document and its English translation should be provided within six months from the date of filing of a patent application with the IP Office of the Philippines.

• Assignment Deed

If the applicant is not the inventor, the applicant should furnish the Assignment Deed in duplicate, officially notarized. Legalization thereof is not required.

• Power of Attorney requirements

A signed and stamped (for legal entities) original of the Power of Attorney should be submitted within 2 months from the mailing date of the relevant Office Action.

• Substantive examination request

Substantive examination should be requested within six months from the publication of the application. It is possible to file a request for use of the search and examination results from the ASPEC member-country, and thus expedite the examination process. 

• Novelty grace period

Philippine IP legislation stipulates a novelty grace period of twelve months before the filing date or the date of priority, if any.

• Grant and patent maintenance

If an application meets all the requirements, the IP Office issues a decision to grant a patent. The fees for grant and publication should be paid in due time. A patent in the Philippines is valid for twenty years from the filing date. Annual maintenance fees are payable from the 5th year. The due date for payment of the annuity for the 5th year is the 4th anniversary of the date of the publication; the due dates for the following annuities are subsequent anniversaries correspondingly. The fees should be paid within three months before the due date. If the owner fails to pay the annual fee, a notice of non-payment is published in the official gazette. Late payment of annual maintenance fees is possible within a grace period of six months from the publication of the notice provided that a surcharge and a publication fee are paid.

• Representation by a patent attorney

For foreign applicants, it is necessary to perform patent registration in the Philippines through a local agent, a registered Philippine patent attorney.

•  Notes

1. Online Database for Philippine Patents Search.
2. Protection of an invention as a Utility model is possible in the Philippines. A utility model may include only one independent claim and is subject to formal examination only. A utility model is valid for 7 years of the date of filing without the possibility of further renewal.

Brief summary is based on the information provided by Recurra on 06.02.2024
Please contact us if the above information is not in conformity with Philippine IP Laws