Fees associated with Philippine PCT national phase entry as well as other patent fees are available in the fee calculator.
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Deadline for the PCT national phase entry in the Philippines
Entry into PCT national phase in the Philippines should be performed within 30 months from the priority date. The term may be extended by one month on the applicant’s request and payment of the prescribed fee.
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Minimum requirements for obtaining a filing date
To obtain a filing date, a national phase application in the Philippines should contain:
- a request to grant a patent;
- a copy of the international application if it was filed in English or an English translation if the application was filed in another language.
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Language of the Philippine patent application
If the international application was filed in a language other than English, it is necessary to submit its English translation for the PCT national phase entry.
A certified copy of the priority document accompanied by its English translation should be submitted to the Philippine IP Office within six months from the date of entry into the PCT national phase in the Philippines.
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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.
If the applicant is not the inventor, the applicant should furnish officially notarized Assignment Deed within two months from the date of the invitation. Legalization thereof is not required.
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Substantive examination request
Substantive examination request should be filed and the fee should be paid at the time of entry into the Philippine PCT national phase or within six months thereof. 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.
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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. 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 international 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.
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Representation by a patent attorney
Foreign applicants must perform Philippine national phase entry through a local agent, a registered Philippine patent attorney.
1. Online Database for Philippine Patents Search.
2. A PCT application can enter the Philippine national phase as a Utility model. 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 international filing date 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