APPLICATION PROCESS FLOW CHART (DESIGN)
1. Application for Utility Model or Industrial Design Patent
The application for registration of a Utility Model or Industrial Design (UM/ID) must be filed with the Bureau of Patents (BOP) of the Intellectual Property Office (IPO) through the Receiving Section/Counter of the Administrative, Financial and Human Resource Development Services Bureau (AFHRDSB) located at the ground floor of the IPO Building.
To obtain a filing date, the following has to be submitted:
(a) Properly filled-out Request form for a Registration of Utility Model or Industrial Design;
(b) Name, address and signature of applicant(s); for non-resident applicant, the name and address of his/her/their resident agent, and;
(c) Description of the Utility Model or Industrial Design and one or more
claims; for Industrial Design, drawing/s and a "design" claim.
NOTE: For Utility Model application, it is advised that any drawing/s necessary to understand the subject utility model should be submitted at the time of filing so that there would not be a possible change in filing date due to late submission/filing of said drawing/s. (RULE 203 of the IRR)
The other formal requirements, which are not needed to obtain a filing date, but maybe included at the time of filing are:
(a) A filing fee (for big or small entities) which maybe paid during application filing or within one month from the date of filing. The application shall be deemed automatically cancelled/withdrawn in case of non-payment of such fees;
(b) Drawing(s) necessary to understand the invention, and;
(c) If the priority of an earlier filed application is being claimed, the details of the claim, i.e. filing date, file number and country of origin.
2. Formality Examination
The utility model or industrial design shall be examined as to the completeness of the requirements for the grant of a filing date. Under the present “first to file” system, the date of filing is very important because it determines, in case of a dispute with another applicant for the same or similar utility model or industrial design, who has the prior right and is therefore entitled to the registration of the utility model or industrial design.
3. Formality Examination Report/Search Report
The application is classified and examined as to completeness of formal requirements, and a report thereon is sent to the applicant.
4. Applicant’s Action on the Formality Examination Report
Within two (2) months from the mailing date of the formality examination report and the search report, the applicant may:
(1) convert the utility model application to an application for an invention patent; or
(2) withdraw the application; or
(3) amend the application; or
(4) request for a registrability report
The registrability report shall be given to the applicant within two (2) months from receipt of the request and payment of fee from the applicant. The 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 or industrial design claim(s) in respect to newness.
(5) not act in any way
If the application meets all the formal requirements for registration and the Bureau does not receive any action from the applicant, the utility model or industrial design shall be deemed registered provided all the required fees are paid.
5. Publication Upon Registration of the Utility Model or Industrial Design
Registration of the utility model or industrial design shall be published in the form of bibliographic data and representative drawing, if any, in the IPO Gazette within six (6) months after registration.