Utility Model | Industrial Design
The following documents are required to be submitted in filing an invention patent application:
- Request for the Grant of a Philippine Patent containing the following information:
- Name, address and nationality of the applicant;
- Name, address and nationality of the inventor;
- Name and address of the resident agent/representative; and
- Title of the invention;
- Description/Specification of the invention;
- Claims of the invention;
- Drawings necessary for the understanding of the invention;
- Abstract of the invention consisting of a concise summary of the disclosure of the invention as contained in the description, claims and drawings in preferably not more than one hundred fifty (150) words;
- Where there is a claim of convention priority, certified copy of the priority application together with an English translation thereof;
- If application is in the name of a person other than the inventor, a duly notarized Deed of Assignment signed by the inventor and by the applicant; and
- Special Power of Attorney.
FILING OF APPLICATION
A patent application shall be filed with the Bureau of Patents of Intellectual Property Philippines (IPO).
EXAMINATION AS TO FILING REQUIREMENTS
The application shall be examined as to the completeness of the requirements for the grant of a filing date.
CLASSIFICATION AND SEARCH
An application that has complied with the formal requirements shall be classified and a search shall be conducted to determine the prior art.
PUBLICATION
The application shall be published in the IPO Gazette together with the search report citing any document that reflect prior art, after the expiration of eighteen (18) months from the filing date or priority date. The Bureau shall inform the applicant of the publication and the period within which the request for substantive examination must be filed.
OBSERVATIONS
After the publication of the application, any interested party may inspect the application documents and present observations in writing concerning the patentability of the invention. Such observations shall be communicated to the applicant who may comment on them.
REQUEST FOR SUBSTANTIVE EXAMINATION
A request for substantive examination must be filed within six (6) months from the date of the publication. The application shall be deemed withdrawn if no request is made within such period.
SUBSTANTIVE EXAMINATION
The examiner will issue an office action citing his reasons for any adverse action or objection to the registration of the application, and providing the applicant with such information or references which may aid in judging the proprietary of continuing the prosecution of the application.
RESPONSE TO OFFICE ACTION
The application must reply to the examiner's adverse action and may request for re-examination or reconsideration, with or without amendment. The applicant has two (2) months from the mailing date of the office action to file his reply. The period to respond may be extended upon written request and upon payment of the required fee but in no case shall the total period to respond exceed six (6) months from the mailing date of the office action.
GRANT OF PATENT
If the examiner finds the application allowable for registration, or if applicant's reply to the adverse action is found to be satisfactory, the Bureau shall grant the patent. Otherwise, the examiner shall refuse the application. The grant of patent together with other information is published in the IPO Gazette within six (6) months.
ISSUANCE OF LETTERS PATENT
The Letters Patent shall be issued upon payment of the required fee. The patent shall remain in force for a period of twenty (20) years from the filing date of the application provided that the annual fees are paid. The first annual fee shall be due and payable on the expiration of four (4) years from the date the application is published, and on each subsequent anniversary of such date.
An invention patent is valid for twenty (20) years from filing date of the application.
