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All issued invention patents are subject to maintenance fees or annual fees, which must be paid to maintain the patent in force. 

For patents filed under RA 8293 (CURRENT LAW)  the annual fee shall be paid upon the expiration of four years from the date the application was published pursuant to section 44, and on each subsequent anniversary of such date.

Payment of the annual fee may be made 3 months before the due date.

If the annual fee is not paid, the patent application shall be deemed withdrawn or the patent shall be considered as lapsed from the day following the expiration of the period within which the annual fee was due.

A grace period of six (6) months shall be granted for the payment of the annual fee, upon payment of the prescribed surcharge for delayed payment.


For patents filed under RA 165 (old law) – The first annual fee on a patent for invention shall be due and payable on the expiration of four years from the date of issue of the patent. Annual fees of subsisting patents shall be due and payable on the fifth and each subsequent anniversary of the date of issue until the term of the patent expires.

If any annual fee is not paid within the prescribed time, a notice of non-payment shall be published by the patent office in the official gazette, and the patentee shall have six months from the date of the actual publication to pay the fee, together with the surcharge required for the delayed payments. If the patentee does not pay the annual fee and the surcharge within six months, the letters patent lapses.

A lapsed patent may be reinstated within two years from the date on which the first unpaid annual fee was due, upon payment of all annual fees then due, of the surcharge for reinstatement, and of all expenses for publication in the official gazette.

Schedule of fees  

Memorandum Circular No. 02-2017 lists the annuities to be paid starting the 5th year until the expiry of the patent (20 years for R.A. 8293, 17 years for R.A. 165). The fees are increasing due to the commercialization and exploitation of the patented invention--nonpayment causes the protection granted to the invention to lapse. The schedule of fees are for small and big entity grantees (see definitions below) are as follows:

Annuity-related fees
from Memorandum Circular 02-2017

Under R.A. 8293

Under R.A. 165

Small Entity

Big Entity

Small Entity

Big Entity

5th year annuity

1,550.00

3,240.00

1,550.00

3,240.00

6th year annuity

2,000.00

4,320.00

2,000.00

4,320.00

7th year annuity

2,580.00

5,400.00

2,580.00

5,400.00

8th year annuity

3,100.00

6,480.00

3,100.00

6,480.00

9th year annuity

4,140.00

8,640.00

4,140.00

8,640.00

10th year annuity

5,170.00

10,800.00

5,170.00

10,800.00

11th year annuity

6,670.00

13,920.00

6,670.00

13,920.00

12th year annuity

8,280.00

17,280.00

8,280.00

17,280.00

13th year annuity

9,770.00

20,400.00

9,770.00

20,400.00

14th year annuity

11,900.00

24,480.00

11,900.00

24,840.00

15th year annuity

13,970.00

29,160.00

13,970.00

29,160.00

16th year annuity

15,980.00

33,360.00

15,980.00

33,360.00

17th year annuity

18,050.00

37,680.00

18,050.00

37,680.00

18th year annuity

21,670.00

45,240.00

-

-

19th year annuity

26,040.00

54,360.00

-

-

20th year annuity

31,222.00

65,160.00

-

-

Claims in excess of 5 from 5th until the expiry of the patent

210.00

420.00

210.00

420.00

Surcharge for late payment of annual fee

50% of the total Annual Fee

-

-

Notice and publication of non-payment of annual fee

360.00

360.00

-

-

A "Small entity" refers to any natural or juridical person whose assets are worth not more than One Hundred Million Pesos (P100M); or any entity, agency, office, bureau or unit of the Philippine government including government-owned or controlled corporations, state universities and colleges and government-owned or government-run schools.

A "Big entity" is any natural or juridical person whose assets are worth more than One Hundred Million Pesos (P100M); or any natural or juridical person which do not fall under the category of a "small entity".