Skip to main content

How to Request for a Grant of a Philippine Patent: Tutorial

Here's the tutorial on How to Request for a Grant of a Philippine Patent. The application is divided into two classifications:
  • Direct Route - is a patent application filed with the Philippines as the first country of filing or a patent application claiming priority rights from previously filed foreign application under Sec. 31 of the IP Code.
  • PCT Route - is a patent application filed through the Patent Cooperation Treaty System.
The electronic online filing system is an Internet-based service of IPOPHL for filing of application and generation of Statement of Account (SOA) that could be paid though available third party payment channels. Pursuant to Rule 401.1 of the Revised Implementing Rules and Regulations for Patents, Utility Models and Industrial Designs of 2022, a newly filed application is required to be paid in full upon filing of application, otherwise it will be deemed as failed application. 

 Payments made beyond the required period as stipulated in said Rule 401.1 , will be considered without fault of the IPOPHL and shall be considered as deemed as donation to the Office pursuant to IPOPHL Memorandum Circular No. 17-014 amending MC No. 16-012.

The Divisional application (Section 31, RA 8293)  is a patent application, divided-out from a parent application to comply with the requirement of unity of invention or a separate application of the parent application filed voluntarily.
Claim Priority Rights  an application claiming a priority date of a previously filed foreign application as the effective filing date in the Philippines by virtue of treaty, convention, or law that afford similar privileges to Filipino citizens.

Please visit the Official Website of the INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES. 

Comments