UTILITY MODEL FAQ
What is a utility model?
A Utility Model is a protection option, which is designed to protect innovations that are not sufficiently inventive to meet the inventive threshold required for standard patents application. It may be any useful machine, implement, tools, product, composition, process, improvement or part of the same, That is of practical utility, novelty and industrial applicability.
Why it is important to register a utility model?
A utility model allows the right holder to prevent others from commercially using the protected invention, without his authorization. Compared with patents, it is relatively inexpensive and easier to obtain.
How different are utility models from inventions?
A patent requires an inventive step while a utility model does not. Patent application requires substantive examination after publication whereas a utility model application is readily registered without undergoing substantive examination after meeting all formality requirements.
What may & may not be registered?
Any technical solution of a problem in any field of human activity which is new and industrially applicable shall be registrable.
The provisions regarding “Non-Patentable Inventions” as provided for in Part 2, Rule 202 of the Regulations for Patents shall apply, mutatis mutandis, to non-registrable utility models:
1.Discoveries, scientific theories and mathematical methods;
2. Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers;
3. Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and composition for use in any of these methods;
4. Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision shall not apply to micro-organisms and non-biological and microbiological processes.
5. Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing sui generis protection of plant varieties and animal breeds and a system of community intellectual rights protection:
6. Aesthetic creations; and
7. Anything which is contrary to public order or morality.
What are the requirements for the utility model application?
A. Three (3) filled out copies of the Utility Model Application Form
B. Specification and description of the utility model in PDF format:
- The Title
- A brief statement of its nature and purposes
- Brief explanation of the drawings, if any
- Complete and detailed enabling description
- Distinct and explicit claim or claims which the applicant seeks to be protected
- Abstract of the invention
C. Drawings, if any
Do I need an attorney to file an application?
Applicants can apply for themselves. It is at the applicant’s discretion to decide whether
to seek the help of an attorney. However, a person who does not reside in the
Philippines must appoint an attorney in the Philippines or an attorney established in the
country to act on his behalf.
How much is the filing fee of the utility model?
- P1,737.2 (Small entities with 100M worth of assets or less)
- P3,636 (Big entities with more than 100M worth of assets)
Note: Filing Fees are inclusive of 1% Legal Research Fund (LRF). Other charges may apply depending on the progress of your application
What are the modes of payment?
Proceed to the IPOPHL cashier, at the ground floor.
- Direct payment to the IPOPHL cashier
- Online payment through Dragonpay
Choosing how to pay the application is included in the last step of the e-Filing system.
How will I know if my online application was received by IPOPHL?
An electronic copy of the Statement of Account (SOA) and PDF copy of the application form will be sent to the email account of applicant or agent, in real time.
Who to contact regarding my utility model application?
Please contact the Patents Records Management Division at (632) 7238-6300 local 3312, from 8:00 AM to 5:00 PM, Monday through Friday, to answer your query and concerns.