PHILIPPINES Law and Practice Contributed by: Susan D. Villanueva, Patricia A. O. Bunye, Rowanie A. Nakan and Ritz Angelica R. Alejandro, Cruz Marcelo & Tenefrancia
Unlike direct applications, national phase entry applications are not published with the descrip- tion and claims before substantive examination. Instead, only the following are published: the international application number, date of entry, title, applicant, and classification. Thereafter, the application shall undergo substantive examina- tion, the fee for which must be paid upon filing of the application or within six months from date of entry into the national phase. If the application meets the requirements of the IP Code, the IPOPHL shall grant the patent and issue the corresponding certificate of letters patent, which shall be published in the IPOPHL E-Gazette. Utility Model Like patent applications, utility model applica- tions may also be filed by direct application or via the PCT national phase entry route. The major differences are that utility model applica- tions do not undergo substantive examination, and do not require the inventive step. Once an application is filed, the IPOPHL shall conduct a formality examination. If deemed compliant, the application will be published in the IPOPHL E-Gazette for 30 days for adverse information. If the application meets the require- ments of the IP Code, the IPOPHL shall grant the registration of the utility model, which shall likewise be published in the IPOPHL E-Gazette. Industrial Design An application for industrial design must be filed within six months from the filing of the priority application, should it claim priority over a previ- ous application. Once filed, the application shall undergo a formality examination. Thereafter, it will be published in the IPOPHL E-Gazette to allow for public inspection and possible opposi-
tion for a period of 30 days. If there is no opposi- tion or if the opposition is resolved in favour of the applicant, a certificate of registration will be issued. Like utility model applications, industrial design applications shall be registered without substan- tive examination. 1.3 Timeline for Grant Procedure Patent applications may take an average of three to four years from the filing date before they are registered. Meanwhile, it may take six months to two years to register a utility model and an industrial design. Resident applicants may initiate grant pro- ceedings on their own by filing the application themselves, while non-resident applicants shall appoint a resident agent or an authorised rep- resentative in the Philippines who shall file the applications on their behalf. In such a case, a copy of the power of attorney or appointment of the resident agent must be submitted. The average government costs that an applicant can expect to incur for a straightforward applica- tion with no more than five claims and no claim of priority are: • Patents: (a) PHP11,756.80 (or approximately (USD202.00) for direct applications; and (b) PHP10,787.20 (or approximately (USD184.60) for PCT applications. • Utility models: (a) PHP6,787.60 (or approximately USD117.00) for direct applications; and (b) PHP5,818.00 (or approximately USD99.56) for PCT applications. • Industrial design: PHP6,787.60 (or approxi- mately USD117.00).
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