PHILIPPINES Law and Practice Contributed by: Susan D. Villanueva, Patricia A. O. Bunye, Rowanie A. Nakan and Ritz Angelica R. Alejandro, Cruz Marcelo & Tenefrancia
Moreover, the government filing fees are assessed based on whether the applicant is a small or a big entity. Applicants with assets worth PHP100 million (or approximately USD1.7 million) or less – ie, small entities, shall pay 50% of the aforementioned fees while applicants with assets over PHP100 million – ie, big entities, shall pay the full amount of the aforementioned fees. As for the professional fees, the estimated aver- age costs that an applicant can expect to incur for a straightforward application with no more than five claims and no claim of priority are: • Patents: around USD820.00 to USD965.00; • Utility models: around USD690.00 to USD835.00; and • Industrial designs: around USD835.00. 1.4 Term of Each Intellectual Property Right Patent protection lasts for 20 years from the fil- ing date and cannot be renewed. Utility models have a seven-year protection period from the date of application, with no option for renewal. Industrial designs are initially valid for five years from the filing date and can be extended twice for an additional five years each, thus having a maximum of 15 years of protection. For PCT national phase applications, the 20-year term is based on the international filing date. 1.5 Rights and Obligations of Owners of Intellectual Property Rights A patent holder or any person with a right to the patented invention is granted the exclusive right to restrain, prohibit, and prevent others from making, using, offering for sale, selling, or importing a patented product, from using the process and from manufacturing, dealing in, using, selling or offering for sale, or importing any product obtained through a patented pro-
cess. Patent holders also have the exclusive right to assign, transfer by succession, or license their patents. The making, using, offering for sale, selling, or importing of a patented product or a product obtained directly or indirectly from a patented process, or the use of a patented process with- out the authorisation of the patentee constitutes patent infringement. The remedies available to a patentee should the patent be infringed are discussed in 2.1 Actions Available Against Infringement . To be able to exercise these rights, patent own- ers must maintain their patents by paying annual fees starting on the fourth year from the date of the application’s first publication and on each subsequent anniversary until the patent expires. Failure to pay these fees can result in the with- drawal of the patent application or the lapse of the patent registration. The IPOPHL publishes lists of active patents in the Philippines but there is no public information listing applicable patents in relation to certain products or processes. 1.6 Further Protection After Lapse of the Maximum Term As discussed in 1.4 Term of Each Intellectual Property Right , the duration of protection for patents and utility models is fixed. Once the protection period expires, the covered invention or model enters the public domain, allowing anyone to use it without permission. In contrast, industrial designs may be renewed twice for an additional five years each. Supplementary pro- tection certificates are not issued in the Philip- pines.
384 CHAMBERS.COM
Powered by FlippingBook