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PATENT REGISTRATION PROCEDURE
IN PHILIPPINES

The Philippines is a crucial country in Southeast Asia consisting of over 7,000 islands. With a population of over 110 million people, the Philippines is the 13th most populous country in the world. The economy consists of a mix of agriculture, electronics manufacturing, business process outsourcing and remittances from overseas Filipino workers. The Philippines has a developing economy and is one of the emerging markets in Asia.

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The Philippines is a major exporter of electronic products, machinery and transportation equipment, wood products, garments and copper products. Major trading partners include Japan, China, the United States, Singapore, South Korea, Thailand, Germany, Hong Kong and Malaysia. The Philippines is also a major exporter of agricultural products such as coconut oil, bananas, pineapples and mangoes.

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The Intellectual Property Law of the Philippines, Republic Act No. 8293 (1997), regulates the registration of patents in the country. The Intellectual Property Office of the Philippines (IPOPHL) is the government agency responsible for the administration and enforcement of intellectual property rights. To be patentable, an invention must be a technical solution, involve an inventive step and be susceptible of industrial application. The Philippines is a member of the World Trade Organization (WTO) and the ASEAN Free Trade Area (AFTA), which has helped promote trade and investment in the country.

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An invention patent is a government-issued grant, bestowing an exclusive right to an inventor over a product or process that provides any technical solution to a problem in any field of human activity. The Intellectual Property Code of the Philippines sets three conditions for an invention to be deemed patentable:

  • It has to be new,

  • Involves an inventive step,

  • And is industrially applicable.

WIPO’s Patent Cooperation Treaty (PCT) allows the resident of a PCT contracting state to seek patent protection for an invention model simultaneously in all the PCT contracting states by filing just one application.

The main requirements for filing a patent application in the Philippines are:
 

  • Filing within 12 months from the date of first filing in another country

  • Filing a request for the grant of a patent, applicant's particulars, description, claims and drawings (if any)

  • Claiming the priority of the earlier foreign application by indicating the filing date, application number and country of the earlier application within 6 months

  • Payment of the required filing fees, including fees for surplus claims, if applicable


For a PCT registration in the national phase:
 

  • Entry into the national phase within 30 months from the priority date

  • Filing a request for entry into the national phase, an English translation if the international application was not filed in English, and a copy of the amendments (if any)

  • Payment of the required fees for entry into the national phase, including fees for exceeding the claim, if applicable.


In both cases:
 

  • The application may be filed in English or Filipino.

  • If the applicant is not a resident of the Philippines, a local representative must be appointed

  • Legalization or notarization of documents is not required

OFFICIAL FEES (IN PHILLIPPINE PESO)

Note: Total charges may vary depending on the number of claims, Classes and embodiments applied. 
All fees are subject to 1% Legal Research Fund (LRF) as requird by R.A. 3870. If the fee is below P 1,000.00, the LRF is P 10.00.

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