Invention | Industrial Design

Filing Requirements

The following documents are required to be submitted in filing a utility model application:

1. Request for the Grant of a Philippine Utility Model containing the following information:
   
   1. Name, address and nationality of the applicant;
   2. Name, address and nationality of the maker;
      
   3. Name and address of the resident agent/representative; and
   4. Title of the utility model;
      
2. Description/Specification of the utility model;
   
3. Claims of the utility model;
   
4. Drawings necessary for the understanding of the utility model;
   
5. Abstract of the utility model consisting of a concise summary of the disclosure of the utility model 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 maker, a duly notarized Deed of Assignment signed by the maker and by the applicant; and
   
8. Special Power of Attorney.
   
   Registration Procedure
   

FILING
A utility model 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. The filing date accorded to the application shall be the date when all the filing requirements (request for registration, description, claims, drawings completely disclosing the utility model, payment of filing and excess claims fees) 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 within two (2) months from 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) voluntarily withdraw the application, (b) amend the application, (c) convert the application to an application for an invention patent; or (d) 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Upon receipt of applicant's voluntary withdrawal, the application shall be deemed withdrawn and all files expunges from the records of the Bureau of Patents.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 the receipt of the 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, (b) convert the application to an invention patent; or (c) request for a registrability report upon payment of the required fee.

CONVERSION TO AN INVENTION PATENT
An application or amended application which is converted into an application for an invention patent shall be processed as an invention patent upon receipt of notice from the applicant.

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 applicant in the determination of the validity of the utility model claim(s) in respect to newness. The report shall be given to the applicant within two (2) months from receipt of the request and payment of fee from the applicant.

REGISTRATION OF UTILITY MODEL
Where the application meets all the formal requirements for registration and the Bureau does not receive any action from the applicant, the utility model 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 utility model shall be published in the form of bibliographic data and representative drawing, if any, in the IPO Gazette within six (6) months after registration.

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

Term

A utility model registration shall be valid for a term of seven (7) years from the date of filing of the application, without possibility of renewal.