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Patent Filing in Philippines

Philippines is a member of both PCT and Paris Convention. Patent application can be filed in Philippines either by the route of PCT or by filing directly as a conventional application.

Term of patent: 20 years from the date of filing Patent Office: Patent Office of Philippines

 

Paradigm to obtain a patent in Philippines:-
  • Filing of patent application
  • Publication of the application after 18 months from the filing date or first priority date.
  • Examination can be requested at any time within three years from the date of filing.
  • Compliance with the examiners office action within the given time
  • Acceptance (Notice of Allowance) or rejection.
  • Payment of the Issue Fees.
  • The patentee shall pay an annual fee beginning with the year in which the patent right was granted
Documents required for filing of Patent Application in Philippines

1. PCT National Phase patent filing

  • WIPO publication
  • International search report
  • International preliminary examination report (chapter II)
  • Declaration of inventorship
  • Power of Attorney

2. Conventional patent Filing

  • complete specification
  • formal drawing, if any
  • certified copy of the priority document
  • English translation of the specification, if original application was not in English
  • Declaration of inventorship, notarization not required
  • Power of Attorney, notarization not required
Remarks:
  • Deadline for national phase entry can be extended till 31 months by paying the extra fees
  • Excess claims fee: PHP 300 per claim over 5
  • Timeline for national phase entry in Philippines is 30 months
  • Timeline for conventional filing in Philippines is 12 months