Invention | Utility Model

Filing Requirements

The following documents are required to be submitted in filing an industrial design application:

1. Request for the Grant of a Philippine Industrial Design containing the following information:
   
   1. Name, address and nationality of the applicant;
      
   2. Name, address and nationality of the designer;
   3. Name, address of the resident agent/representative; and
   4. Title of the industrial design;
      
2. Description/Specification of the industrial design;
   
3. One claim for an industrial design;
   
4. Drawings necessary for the understanding of the industrial design;
   
5. Abstract of the industrial design consisting of a concise summary of the disclosure of the industrial design as contained in the description, claims and drawings in preferably not more than one hundred fifty (150) words;
   
6. Where there is a claim of convention priority, certified copy of the priority application together with an English translation thereof;
   
7. If application is in the name of a person other than the designer, a duly notarized Deed of Assignment signed by the designer and by the applicant; and
   
8. Special Power of Attorney.

Registration Procedure

FILING
An industrial design application shall be filed with the Bureau of Patents of Intellectual Property Philippines (IPO).

EXAMINATION
The application shall be examined as to the completeness of the requirements for the grant of a filing date. The filing date accorded to the application shall be the date when all the filing requirements (indications allowing the identity of the applicant to be established, and a representation of the article embodying the industrial design or a pictorial representation thereof) are submitted.

FORMALITY EXAMINATION AND SEARCH REPORT
The application shall be examined as to the completeness of the formal requirements. The formality examination report and the search report shall be furnished the applicant with two (2) months from the filing date.

RESPONSE OF APPLICANT
Within two (2) months from the mailing date of the formality examination report and the search report, the applicant may: (a) voluntary withdraw the application, (b) amend the application, or (c) request for a registrability report upon payment of the required fee.

VOLUNTARY WITHDRAWAL
Upon receipt of applicant's voluntary withdrawal, the application shall be deemed withdrawn and all files expunges from the records of the Bureau of Patents.

AMENDMENT OF APPLICATION
The amended application shall be subjected to formality examination, search and classification and a report shall be furnished the applicant within two (2) months from receipt of amended application. Applicant shall have two (2) months from the mailing date of the formality examination report and the search report to: (a) voluntarily withdraw the application; or (c) request for a registrability report upon payment of the required fee.

REGISTRABILITY REPORT
A registrability report shall contain citations of relevant prior art documents with appropriate indications as to their degree of relevance which will serve as an aid to the parties concerned in the determination of the validity of the industrial design claim in respect to newness. The report shall be given to the applicant with two (2) months from receipt of the request and payment of fee from the applicant.

REGISTRATION OF INDUSTRIAL DESIGN
Where the application meets all the formal requirements for registration and the Bureau does not receive any action from the applicant, the industrial design shall be deemed registered upon the expiration of two (2) months from the mailing date of the search report.

PUBLICATION OF UTILITY MODEL REGISTRATION
Registration of the industrial design shall be published in the form of bibliographic data and representative drawing in the IPO Gazette within (6) months after registration. The publication shall include the registrability report if one was requested.

ISSUANCE OF CERTIFICATE OF REGISTRATION
A certificate of registration shall be issued for the industrial design upon payment of the required fee.

Term

An industrial design registration shall be valid for a term of five (5) years from filing date of the application and may be renewed for not more than two (2) consecutive periods of five (5) years each.