Philippine Patent

The Philippines also follows the rule of absolute novelty for patents. Consequently, the existence of any prior art anywhere in the world within a period of twelve months prior to the filing of the Philippine application will defeat novelty and patentability.

The requirements for filing a new patent, utility model and industrial design application are as follows (Only the first three items are necessary in order to acquire a filing date. The others may be submitted after):

1. Request for the Grant of a Philippine Patent, which shall contain a petition for the grant of the patent, the name and other data of the applicant, the inventor and the agent and title of the invention, utility model or industrial design;
2. Description of the invention, utility model or industrial design;
3. Claims;
4. Abstract of the invention or utility model consisting of a concise summary of the disclosure preferably not more than one hundred fifty (150) words;
5. Special Power of Attorney executed by the authorized representative of the applicant designating a Philippine Firm as its attorney-in-fact and agent for the application;
6. Duly notarized Deed of Assignment executed by the inventor in favor of the applicant.
7. If the applicant is claiming convention priority, a certified copy of the foreign application, together with an English translation thereof;
8. Formal Drawings. The drawings must conform to the Rules issued by the IPO

Patent Cooperation Treaty (PCT) Applications – Entering the National Phase

The Patent Cooperation Treaty ("PCT") entered into force in the Philippines on 17 August 2001. In order to enter the national phase and get a date of entry, the applicant must furnish IPO not later than 30 months from priority date the English translation of the international application if it was filed in a language other than English; or a copy of the international application if it was filed in English and the applicant has not received Form PCT/IB/308. If the applicant has received Form PCT/IB/308, there is no need to give the IPO a copy of the international application. However, the applicant must signify to IPO through writing that the particular identified international application is entering the national phase. It must be noted that the 30-month period may be extended by one (1) month subject to the payment of an extension fee equal to 50% of the filing fee.
Moreover, the following documents must be submitted:
1. Description as filed;
2. Claims as filed and, where applicable, as amended under PCT Article 19;
3. Amendments to the claims under PCT Art. 19, where applicable;
3. Amendments to the description, claims or drawings under PCT Article 34, as contained in the annexes to the international preliminary examination report, where applicable;
5. Formal drawings must comply with Rule 11.3 of the PCT Regulations
6. Abstract;
7. If priority date is claimed, then the PCT Notification Concerning Submission of Transmittal of Priority Document (Form PCT/IB/304). If such document cannot be submitted, then a certification from the national office concerned stating the following data regarding the application the priority of which is claimed:

a. Name of the applicant;
b. Filing date;
c. Application number; and
d. Title of the application.

The certification, and its English translation if not in English, together with the payment of the fee for extension of time to submit the priority document and the surcharge for late payment must be submitted to the IPO within six (6) months from the date of entry into the national phase without need of notice. The certification and its English translation if not in English do not require legalization. Failure of the applicant to comply with the foregoing shall be ground to disregard the priority claim
8. PCT Request Form;
9. Request for National Phase Entry;
10. Special Power of Attorney executed by the authorized representative of the applicant designating a Philippine Firm as its attorney-in-fact and agent for the subject application;
11. Duly notarized Deed of Assignment executed by the inventor in favor of the applicant;
12. Request Form PCT/IPO/501 (optional but recommended); and
13. Request Form PCT/RO/101 (may not be translated into English).

It must be emphasized that in order for a foreign entity or individual to file and prosecute its patent application with the Philippine Intellectual Property Office, it must appoint a local or Philippine agent or representative. If you need assistance concerning patents in the Philippines, please e-mail us at info@ndvlaw.com or visit our website www.ndvlaw.com.