as Designated Office
FREQUENTLY ASKED QUESTIONS
about the
PCT National Phase in the Philippines
TABLE OF CONTENTS
1. What are the types of protection available in the Philippines for PCT
applications?
2. What is the time limit for entry into the national phase in the Philippines?
3. What are the requirements for entry into the national phase in the
Philippines?
4. What are the fees to be paid?
5. In what manner can the fees be paid?
6. What are the special requirements of the Intellectual Property Office of
the Philippines (IPO Philippines)?
7. What are the important time limits to be observed?
8. How is business conducted with IPO Philippines?
9. Can the time limit for a required response be extended?
10. Can amendments to the application be made?
11. Can a patent application be converted to a utility model application
and vice versa?
12. What is the term of a patent in the Philippines?
13. What is the term of registration of a utility model in the Philippines?
14. What are the PCT Regulations that do not apply in the Philippines?
1. What are the types of protection available in the Philippines for PCT
applications?
a. Invention
or
b. Utility Model
2. What is the time limit for entry into the national phase in the Philippines?
Entry into the national phase in the Philippines must be made within
thirty (30) months from the earliest priority date or international filing
date (if the international application has no priority claim) of the
international application. Subject to the payment of an extension fee
for late entry equal to 50% of the filing fee prescribed in the IPO
Philippines Fee Structure, the entry into the national phase may be
extended by one (1) month.
3. What are the requirements for entry into the national phase in the
Philippines?
·
·
·
Request for national phase entry
The use of the National Phase Entry Application Form is
recommended. This Form is available for download at this website.
The English translation of the international application if it was filed in
another language or a copy of the international application in
English as filed if the applicant has not yet received Form PCT/IB/308
A copy of the amendments under Article 19 and/or Article 34 (if
applicable) in English
4. What are the fees to be paid?
These are the preliminary national fees to be paid:
Invention
Filing fee: PhP 3,600
Fee for each sheet in excess of thirty (30): PhP 30
Fee for each claim in excess of five (5): PhP 300
Request for right of priority: PhP 1,800
Substantive examination fee: PhP 3,500
Utility Model
Filing fee: PhP 3,000
Fee for each sheet in excess of thirty (30): PhP 30
Fee for each claim in excess of five (5): PhP 200
Request for right of priority: PhP 1,500
The filing fee must be paid within one (1) month from the date of
national phase entry.
The above mentioned fees are reduced by 50% if the applicant is a
small entity or youth filer. A small entity is any natural or juridical person
whose assets are worth PhP 100M or less or any entity, agency, office,
bureau or unit of the Philippine government including governmentowned or controlled corporations, state universities and colleges and
government-owned or government-run schools. On the other hand, a
youth filer is any natural person or a group of natural persons all of
whom have not reached their twenty-second (22nd) birthday at the
time of filing the application.
An international application which claims the priority of an earlier
Philippine national application shall be exempt from payment of the
filing fee.
5. In what manner can the fees be paid?
Fees shall be paid in cash, money order, bank drafts and/or cheques in
Philippine pesos.
Fees shall be considered to have been paid as follows:
a) In case of cash payment: the date of receipt in cash of the
amount due in full.
b) In case of money order, cheque or bank draft payment: the
date of receipt of the money order, cheque or bank draft
provided that the same is honored upon first presentment and
provided that the payment covers the amount due in full.
Payment transactions shall be made during regular working days and
business hours from Monday to Friday 8:00 am to 5:00 p.m. to the IPO
Philippines cashier only. Where any official response, pleading or other
document or paper is to be submitted for which a fee is required, the
payment shall be made not later than 4:00 p.m. and submission shall
nevertheless be made not later than 5:00 p.m.
6. What are the special requirements of the Intellectual Property Office of
the Philippines (IPO Philippines)?
a. Appointment of an agent or representative if the applicant is not
a resident of the Philippines
· Copy or translation of the international application to be
furnished in duplicate
· Name and address of the inventor if they have not been
furnished in the “Request” part of the international application
· Instrument of assignment of the international application if the
applicant is not the inventor
· Instrument of assignment of the priority application where the
applicants are not identical
· Document evidencing a change of name or person of the
applicant if the change occurred after the international filing
date and has not been reflected in the PCT pamphlet or in a
notification from the IB (Form PCT/IB/306)
· Furnishing, where applicable, of a nucleotide and/or amino
sequence listing in electronic form
If not already complied with, the Office will invite the applicant to
comply with the requirement within a time limit fixed in the invitation.
The requirements relating to the instrument of assignments and relating
to the information on the inventor may be satisfied if the corresponding
declaration has been made in accordance with PCT Rule 4.17.
7. What are the important time limits to be observed?
a. Six (6) months from the date of entry into the national phase
Priority document
The priority document of a claimed earlier application must be
submitted to the IB within sixteen (16) months from the priority
date. If it has not been submitted to the IB within the said time
period, it must be submitted to the IPO Philippines, together with
payment of fee for extension of time to submit priority document
plus surcharge provided for in the IPO Philippines Fee Structure,
within six (6) months from the date of entry into the national
phase without need of notice. Failure of the applicant to
comply shall be ground to disregard the priority claim.
Request for substantive examination
The application shall be deemed withdrawn if the request for
substantive examination is not made and the substantive
examination fee is not paid within six (6) months from the date of
entry into the national phase.
b. Four (4) years from the date of the international publication
The annual fee of a patent application or patent shall be due
and payable on the expiration of four (4) years from the date of
the international publication, and on each subsequent
anniversary of such date. Payment may be made within three
(3) months before the due date. The obligation to pay the
annual fees shall terminate should the application be withdrawn,
refused, or cancelled.
8. How is business conducted with the IPO Philippines?
All business with the Office shall be transacted in writing. Actions will
be based exclusively on the written record. All Office letters must be
sent in the name of the Director of Patents. Letters shall state the name
of the applicant, the title of the invention, the application number and
the filing date.
9. Can the time limit for a required response be extended?
The time for reply may be extended only for good and sufficient cause,
and for a reasonable time specified. Any request for such extension
must be filed on or before the day on which action by the applicant is
due. The Examiner may grant a maximum of two (2) extensions,
provided that the aggregate period granted inclusive of the initial
period allowed to file the response, shall not exceed six (6) months
from the mailing date of the official action requiring such response.
10. Can amendments to the application be made?
During the national phase, and at anytime before a patent is granted
or refused on the international application, the applicant may present
amendments to the specification, claims and drawings in accordance
with the IP Code and its implementing rules and regulations.
11. Can a patent application be converted to a utility model application
and vice versa?
At anytime before the grant or refusal of a patent, an applicant for a
patent, may, upon payment of the prescribed fee convert his
application into an application for registration of a utility model or vice
versa, which shall be accorded the filing date of the initial application.
An application may be converted only once.
12. What is the term of a patent in the Philippines?
The term of a patent shall be twenty (20) years from the international
filing date of the application.
13. What is the term of registration of a utility model in the Philippines?
A utility model registration shall expire, without any possibility of
renewal, at the end of the seventh year after the date of the filing of
the application.
14. What are the PCT Regulations that do not apply in the Philippines?
a. Rule 26bis.3(j), 49ter.1(g), 49ter.2(h) Restoration of Right of Priority
b. Rule 49.6(f) Reinstatement of Rights after Failure to Perform the
Acts referred to in Article 22 (national phase entry)