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Philippines Patent Application Overview

Updated:2018-2-6 10:59:51    Source:www.tannet-group.comViews:267

Philippines patent application is governed by Intellectual Property Office of the Philippines (IPOPHL). Philippines follows the rule of absolute novelty for patents. Consequently, the existence of any prior art anywhere in the world within a period of twelve months prior to the filing of the Philippine application will defeat novelty and patentability. The Philippine patent application must be presented in either the Filipino or English language.

Rights Entitled to a Patent Owner in Philippines
Under Section 71 of the Intellectual Property Code of the Philippines, the patent owner has the following exclusive rights:

1. Where the subject matter of a patent is a product, the patent owner has the right to restrain, prohibit and prevent any unauthorized person or entity from making, using, offering for sale, selling or importing that product;

2. Where the subject matter of a patent is a process, the patent owner has the right to restrain, prevent or prohibit any unauthorized person or entity from using the process, and from manufacturing, dealing in, using, selling or offering for sale, or importing any product obtained directly or indirectly from such process; and

3. Patent owners shall also have the right to assign, or transfer by succession the patent, and to conclude licensing contracts for the same.

Required Information for Patent Application
The requirements for filing a new patent, utility model and industrial design application are as follows (only the first three items are necessary in order to acquire a filing date. The others may be submitted after):

1. Request for the Grant of a Philippine Patent, which shall contain a petition for the grant of the patent, the name and other data of the applicant, the inventor and the agent and title of the invention, utility model or industrial design;
2. Description of the invention, utility model or industrial design;
3. Claims;
4. Abstract of the invention or utility model consisting of a concise summary of the disclosure preferably not more than one hundred fifty (150) words;
5. Special Power of Attorney executed by the authorized representative of the applicant designating a Philippine Firm as its attorney-in-fact and agent for the application;
6. Duly notarized Deed of Assignment executed by the inventor in favor of the applicant.
7. If the applicant is claiming convention priority, a certified copy of the foreign application, together with an English translation thereof;
8. Formal Drawings. The drawings must conform to the Rules issued by the IPO.

Validity and Maintenance
The patent becomes effective upon the date of the publication of the grant of the patent in the IPO Gazette. The term of the patent is twenty (20) years from the filing date of the application.

An annual fee must be paid upon the expiration of four (4) years from the date the application was published and on each subsequent anniversary of such date. Otherwise, the application is deemed withdrawn or the patent considered lapsed.

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