Industrial Design FAQs
What is Industrial Design (ID)? What are the conditions for protection?
An industrial design is the visual appearance of a product, the ornamental or aesthetic aspect of an article of manufacture. Design, in this sense, may be three-dimensional features (shape or surface of an article), or the two-dimensional features (patterns or lines of color). In order to be registered, an industrial design must be a new or original creation.
The registration for an industrial design is for a period of 5 years from the filing date of the application and may be renewed for not more than two (2) consecutive periods of five (5) years each by paying a renewal fee
Why is it important to register an industrial design?
The owner of a registered industrial design has the right to prevent third parties from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.
Why should I register my industrial design immediately?
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 industrial design (or utility model), who has the prior right and is therefore entitled to the registration of the industrial design.
What may & may not be registered?
In order to be registrable, an industrial design must be new or ornamental.
The following industrial designs shall not be registrable:
(a) Industrial designs that are dictated essentially by technical or functional considerations to obtain a technical result;
(b) Industrial designs which are mere schemes of surface ornamentations existing separately from the industrial product or handicraft; and
(c) Industrial designs which are contrary to public order, health, or morals.
What is the IPOPHL Industrial Design Electronic Filing System?
The IPOPHIL Industrial Design Electronic Filing System (eIDFile) is the online filing system of the Intellectual Property Office of the Philippines (IPOPHL) for Industrial Design applications. It allows the applicants to file and pay for new Industrial Design applications faster, without the need to go to the IPOPHL.
What are the software/hardware requirements to use IPOPHL eIDFile?
The IPOPHL has also made terminals available onsite for those applicants who may wish to file applications in the IPOPHL premises. Web browser: preferably latest version of Internet Explorer, Firefox, Chrome. Please take note that to ensure session security, cookies can be disabled.
Is there a need for registration to access the IPOPHL eIDFile?
There is no need for registration to be able to file applications online. IPOPHL eIDFile system is free of charge and accessible to everyone as long as the applicant has an internet connection and active email address.
When can I file applications using IPOPHL eIDFile?
IPOPHL eIDfile is available to receive applications 24 hours a day, 7 days a week unless the system is unavailable for maintenance. The IPOPHL will notify the public in the event of system downtime or unavailability.
What do I need to prepare before filing an application online?
You need to prepare a soft copy in Portable Document Format (PDF) form of the specification and drawings.
Do you have programs for local applicants, particularly small entities, to assist them with getting patent protection for their inventions?
IPOPHL has several programs in place to provide assistance to local applicants, particularly small entities. In general, our filing fees for small entities are lower than regular published rates charged to big entities.
Click here for the Schedule of Patent-related Fees.
Can I file my application in one of the IP Satellite Offices (IPSO)?
No. Our satellite offices are not receiving offices for manual filing but our satellite officers can provide assistance with your online filing.
What are the requirements needed to file an application?
Scanned/electronic copy of the specification as well as the drawings preferably in PDF form
Do I need to submit a paper copy of the application?
No. The electronic application containing all the information and the attachments supplied by the applicant or the applicant’s representative will be automatically uploaded into the IPOPHL Database. Please make sure that you have provided all the necessary information when you file the application online. In the event that the IPOPHL requires the submission of the paper copy of the attachments, the applicant or representative will be notified by the IPOPHL.
What does an ID application contain?
It contains a specification comprising of title, brief description of the different views of the drawings, characteristic feature description of the design (if any-optional) and claim. Together with the specification is the drawing of the design illustrating its different views to show its complete appearance thereof such as the perspective, front, rear, right and left side views, top and bottom views. However, in cases where the opposite views are mirror images, only one of these views may be submitted, provided that the applicant state in the specification that is the case. Drawings are presented in black and white images. However, for drawings that could be well presented in colored images to be more clearly understandable, applicant has the option to do so.
What will happen if I upload the incorrect attachments?
The examiner will require you to submit the correct attachment, which will be considered received only at the time of receipt of the correct document. The submission of an incorrect attachment will delay the processing of the application.
What are the optional attachments that may be included in the online filing?
The following documents may be attached to the application:
- Priority Document/s and the official translation if the document is not in English;
- Other documents that the applicant may provide to support the application, including the Special Power of Attorney, Deed of Assignment, request for deferred publication, etc. The applicant needs to make sure that the documents attached comply with the requirements of the IPOPHL, otherwise, the applicant may be requested to submit the document/s again. The submission of some documents also impacts on the fees to be paid. The applicant needs to check the schedule of fees of the IPOPHL. The attachments must be in PDF, preferably searchable.
Can I save my application and resume the electronic filing at a later time?
Yes. Click on “Save my Application”. The system will generate a file named “IDeFiling.xml”, which will be saved in the “Downloads” folder or your desired folder. When you are ready to continue with your application, go back to the IPOPHL eIDFile site, and click on “Open my saved Application”, select the file “IDeFiling.xml”, click on “Open”, and the file will be retrieved. You may then continue with your application. However, saved drafts will expire after fourteen (14) days, at which point you will have to begin again. We strongly discourage you from relying on only these drafts to record the information they enter into your application
Do I need to submit a cover letter together with my electronic application?
No, the applicant does not need to attach a cover letter as part of the online application.
What are design embodiments?
Design embodiments are several Industrial designs having substantially similar dominant “design feature” that are embodied in a single design concept.
Can I file many embodiments to be contained in only one (1) application?
Yes, provided they should be of substantially the same or similar dominant “design features” that are embodied in a single design concept.
What are set of articles?
They are articles customarily sold or used together as a set.
Can I apply set of articles to be contained in only one (1) application?
Yes, provided that each article applied is of, or has, the same design or of substantially similar design.
What are graphic symbols, logos, surface patterns, screen displays, icons, get-ups, and graphical user interface?
Graphic symbols – a visually perceptive figure with a particular meaning used to transmit information independently of language.
Logos – a graphic mark, emblem, or symbol commonly used by commercial enterprises, organizations, and even individuals to aid and promote instant public recognition.
Surface patterns – printed elements on the subject of graphics product, designs, textiles, and fine arts.
Screen Displays – a surface area upon text or graphics are temporarily made to appear for human viewing.
Icons – a pictogram displayed on a computer screen in order to help the user navigate a computer system or mobile device.
Get-ups – a style or arrangements for the preparation of something such as interior design arrangement of gambling tables, inside portion of the mobile store, among others.
Graphical user interface (GUI) – a type of user interface that allows users to interact with electronic devices through graphical icons and visual indicators such as secondary notation, instead of text-based user interfaces, typed command labels, or text navigation.
Why was there no application number assigned to my online application?
No application number was assigned to your application because the eIDFile did not consider it as a bona fide application due to any of the following reasons:
- The advance filing fee was not paid;
- The application is presumed to be fictitious for containing highly-questionable entries (e.g. Title, Names, Addresses, etc.) and/or unintelligible specification details not complying with Section 32 of the IP Code of the Philippines indicating the absence of bona fide intention to seek protection; or,
- The application is presumed to be redundant because it is a second and/or subsequent application/s filed bearing the same title, filed by the same applicant, having the same description, claim/s, abstract and drawings as a previously filed online application and accepted by the system.
Note: Fictitious and/or Redundant Invention, Utility Model, or Industrial Design applications, as defined above, are considered as invalid/not bona fide applications and are not assigned application numbers by the online filing system. Such applications shall be filtered and reviewed and shall be removed from the Patents internal system.
Why does the Online Filing System generate application numbers that are chronologically apart for applications filed on the same day?
This happens because the Online Filing System is designed to assign application numbers once payment of either the advanced filing fee or full filing fee is made. Dragonpay’s payment channels give applicants different payment deadlines ranging from several hours to a certain number of days. Hence, the applications that are paid earlier will be assigned lower application numbers and those paid later will be assigned higher numbers. The chronological discrepancy of the application numbers depends on the length of time that elapsed between payments and on the number of filing fee payments made. Therefore, it is common for applications filed on the same day to have application numbers that are sequentially apart from each other.
Why does the Online Filing System require the email address of the Applicant?
This mandatory requirement is based on compelling operational and substantive policy because there are instances when patent agents cannot be reached by the Office during the prosecution of the application or that the withdrawal of engagement of an agent by an applicant is not reported to the Office. These will all result to the withdrawal of the application for failure to respond to examination reports depriving the applicant the right to prosecute the application.
In addition, there are also instances when the applicant cannot reach the agent and the only recourse is for the applicant to directly communicate with the Office. To afford the applicant the opportunity to continue the prosecution of the application and having access to the email addresses of applicants is valuable. This is the reason that the online filing system was designed to mandatorily require the email accounts of applicants.
Why are the reference codes for IPOPHL’s SOAs and Dragonpay’s Payment Instructions different?
A reference code is automatically generated by a system for internal data integrity purposes. The IPOPHL system is different from the Dragonpay system. These two independent systems will always have different reference codes, but by some internal process, which has been tested and verified, they will always refer to one and only one application/transaction. Thus, even if IPOPHL and Dragonpay have different reference codes, this will not affect the application.
I have a very long application, can the system accept a large file? What if my application exceeds the maximum capacity, how can I send the remaining pages?
The online filing system is designed to accommodate a PDF file size of up to 10MB per attachment. The 10 MB file size does not have an exact equivalent number of pages given that PDF file sizes depend on a number of factors including software and content which makes it difficult to ascertain what constitutes 10 MB in terms of the number of pages. Therefore, Applicants are advised to make sure that the file size of documents that they intend to upload using eIDFile does not exceed 10 MB per attachment limit.
If the online filing system prompts with an error message when uploading an attachment that exceeds 10MB, you may reduce the file size of the document/attachment through the following steps:
- Open the PDF filing using Acrobat Professional version 8.0 or higher;
- Access in the upper tab section the “Document” tab;
- Select the “Reduce File Size” option; and
- Select Acrobat 5.0 or Acrobat 4.0 version for compatibility and then click “OK”.
To know the file size of the PDF document right-click the PDF file and select “properties”.
What if I inadvertently filed multiple applications, what will happen?
The requirement to pay the advanced filing fee (Php 500) was implemented not only to discourage/deter fictitious applications but likewise to provide remedy/correction for instances involving inadvertently filed multiple applications. The online filing system is specifically designed to require payment of the advance filing fee for all online applications such that only those applications with advance filing fee shall be considered as bonafide applications. Therefore, in cases where multiple applications were inadvertently filed, only those application/s with corresponding advanced filing fee payment or full filing payment shall be given applications numbers and shall be uploaded in the IPOPHL internal database. On the other hand, applications without payments of either the advanced filing fee or full filing fee shall not be considered as bonafide applications.
How will I know if IPOPHL has received my application and payment?
An electronic copy of the Statement of Account (SOA) and a PDF copy of the application form will be sent to the email account of the applicant or agent in real-time to confirm the completion of the transaction.
If you didn’t receive any email correspondence relating to your online application, you may email us at email@example.com
What is the filing date of an application filed electronically?
The filing date is the date when the application was filed electronically as long as it complies with the requirements under the IP Code.
Who can I contact in case of inquiry or concerns?
Please contact the Patents Records Management Division at (632) 238-6300 local 3312
from 8:30 AM to 4:00 PM, Mondays through Fridays or email the following:
- firstname.lastname@example.org for updates on the status of applications
- email@example.com for general BOP queries
- firstname.lastname@example.org for PCT applications, queries, and concerns
- email@example.com for concerns on online filings and submissions
- firstname.lastname@example.org for online payment–related matters
What is eDocFile System?
The eDocFile System is an Internet-based service of IPOPHL for the online submission of client communications related to Inventions, Utility Models (UM), and Industrial Designs (ID) without physically transacting with IPOPHL or its Satellite Offices (IPSOs).
The eDocFile facility is designed to receive a range of response/document types as well as to process different requests types such as Extensions, Recordals, Conversions, and Registrability Reports for UM and ID. Aside from these, eDocFile is likewise capable of handling fee payments including payment of balance on filing fees, annuities, fees on extensions, publication, and issuance of certificate payments. To access the online service, please refer to the following link:
What type of browser can I use with the eDocFile System?
The eDocFile System is preferably supported by the latest versions of Internet Explorer, Firefox and Google Chrome. Please take note that to ensure session security, cookies can be disabled.
What are the advantages of using eDocFile System?
The systems is a fast, economical and efficient way of submitting documents online without the inconvenience of going to IPOPHL and more importantly minimizing health risks as this can be done without leaving the safety and convenience of your homes or offices.
Is eDocFile a free service?
The eDocFile System is provided free of charge. The only fees that will be required are those associated with patent-related payments including balance of filing fee, extension fees, annuities for invention patents, revival fees, and recordal of assignment.
Who can use the eDocFile System?
Any individual or juridical entity with pending or granted applications may submit communications through eDocFile. For entities who are non-residents of the Philippines, they should appoint a resident agent or patent attorney to transact using eDocFile on their behalf.
It’s my first time to use eDocFile, do I need to enroll or register an account?
There is no need for registration in order to access eDocFile and submit communications including responses, requests, and payments online. The online service is accessible to all IPOPHIL clients who have pending or granted applications as long as the applicant or agent has an internet connection and an active email address.
Can I use eDocFile to pay the remaining balance of the filing fee
Yes. The eDocFile System is configured to receive payment of the remaining balance of the filing fee.
How much will I pay for submissions with corresponding fees?
The eDocFile System will automatically compute the required fees during the application process. Further, a copy of the Statement of Account (SOA) that includes the details of required fee payable to IPOPHL will be sent thru email. For complete details of fees refer to the link: https://drive.google.com/file/d/138zRWPEofZJCc5TzJvJ4hwUx8UPM-cPX/view
What if I made a mistake in entering application number, what will happen to the file I submitted through eDocFile?
Submission of responses and documents via eDocFile adheres to the same procedure as the manual filing of communications. Given that computer systems plainly follows the instruction of users in the same manner as when submitting document manually, when mistakes in entering/writing an application number happens the eDocFile System shall be consequently directed to store/attach the submitted documents in the wrong electronic file. In such case, applicant needs to correct the mistake by informing the Bureau of Patents by submitting a Correction of Entry through the edocfile Patents. We strongly suggest that this be done at the earliest possible opportunity to avoid complications such as withdrawal of the application due to non-filing of reply to office action.
When is the start of the period to file Reply to the Office Action, the mailing date of the physical copy or the date when email was sent?
Pursuant to the guidelines promulgated regarding the use of IPOPHL electronic systems, the mailing date as indicated in the physical copy dictates the start of the period to file for Reply to an Office action.
Payment Related Questions when Filing
How much is the basic filing fee for my application?
The basic filing fee (exclusive of the 1% legal research fund) for small entity is PHP 1,720.00 and PHP 3,640.00 for big entity.
The system will automatically compute the required fees during the online application process. The applicant may pay the application fee in full or pay the advance filing fee of P500. In both cases, a SOA will be generated and sent to the applicant. If the applicant chooses to pay the advance filing fee of P500 upon filing, the SOA will show the breakdown of the advance filing fee and the remaining balance as well as the deadline for the payment. Further, the SOA will be emailed together with the electronic copy of the application form.
The remaining fees should be paid within one month from the filing date of the application.
What is big entity and small entity?
A small entity is an applicant with assets worth Php 100 million or less while a big applicant has assets over Php 100 million. A small entity is entitled to a discount of 50% of the filing fee of the big entity. If the applicant is a small entity, the box corresponding to the declaration of small entity must be ticked off. If the applicant is later determined to be a big entity, the processing of the application will be delayed and the applicant will be required to pay the correct fee.
What is the Advance Filing Fee? What happens if I do not pay it?
The advance filing fee of Five Hundred Pesos (Php 500), is a requirement when submitting an application online using eIDFile to ensure that only those individuals/parties with real intention to seek patent protection use the online filing service. The advance filing fee is deductible from the filing fee.
An application with no payment for the P500.00 advance fee upon filing will not be given an application number and will not be uploaded into IPOPHL’s internal system. Operationally, there is no application received as this is not treated as a bonafide application.
The basic filing fees (exclusive of the 1% legal research fund)are payable as follows:
- For small entity – Php 1,720.00 – P500 advance filing fee = P1, 220.00 remaining balance
- For big entity – Php 3640.00 – P500 advance filing fee = P 3,140.00 remaining balance
Applicants may also choose to pay the filing fee in full upon filing.
An application with a paid advance filing fee is assigned an application number, uploaded to the IPOPHL’s internal database, and consequently, assigned to an examiner.
The Implementing Rules provide for a 1-month period to pay the filing fee, why am I being asked to pay an advance filing fee?
The online filing system does not modify existing reglementary period on payment of fees provided under the Rules. Rule 1511 provides that the filing fee must be paid within one (1) month from the online/filing reception date. Since the advance filing fee and the remaining balance constitutes the filing fee (Filing fee = advance filing fee + remaining balance), it follows that applicant is given one (1) month from the online filing date to pay the amount in full.
The requirement for the advance filing fee is meant to ensure that only those with true intention to seek protection are serviced by the online filing system.
Is there a mandatory period within which to pay the advance filing fee?
Since the advance filing fee and the remaining balance constitutes the filing fee (Filing fee = advance filing fee + remaining balance), it follows that applicant is given one (1) month from the online filing date to pay the amount in full.
How do I pay the required filing fee?
Filing fees may be paid conveniently through the Dragonpay gateway options:
- Pay directly online using the following Philippine bank accounts: BDO, BPI, Metrobank, RCBC, Unionbank, LandBank.
- Pay Cash Over-the-Counter at selected banks namely BDO, BPI, Metrobank, RCBC, RCBC Savings, UCPB, and Unionbank. Check payments are accepted but are subject to bank clearing guidelines. Additionally, you can also pay through the ATM machines of the following banks: BDO, BPI, Unionbank, RCBC, and UCPB.
- Pay Cash Over-the-Counter at selected payment collection centers such as LBC branches, SM Payment Counters, Robinsons Department Stores, Cebuana Lhuillier and M. Lhuillier branches nationwide.
- Use mobile payments namely Globe GCash and BPI BanKO.
Choosing the payment option is the last step in the e-Filing system.
Can I still pay the filing fee through the IPOPHL cashier?
No. The IPOPHL Cashier will only accept over-the-counter payment for annuity payments if the amount involved is at least P100,000 for every Statement of Account.
What is Dragonpay?
Dragonpay is an online payment solution that enables IPOPHL clients to use their existing online banking facility or pay cash over-the-counter at physical retail channels. Dragonpay automatically monitors the online and offline payments made by the client and notifies IPOPHL of a completed payment so that IPOPHL can completely process the application filed online. For details on Dragonpay, click this link
If I choose to pay through Dragonpay, do I need a Dragonpay account?
No. Dragonpay will facilitate payment transactions by linking up with several payment partners (Philippine banks and non-banks only), which will collect your payment on behalf of IPOPHL. This option is open to the general public, and there is no Dragonpay account needed to enable this option.
What is the content of Dragonpay’s Payment Instruction that is given to applicants/filers by the Online Filing System?
Dragonpay’s Payment Instruction includes the following details:
- Description of payment channel (Name of the payment channel);
- Payment Reference No. (8 characters Dragonpay Reference No.) ;
- Amount to be paid;
- Description (SOA Type);
- The deadline within which to pay the fee/s; and
- Step by Step instruction including how and where to transact payment as well as brief details of payment confirmation.
How long is the validity of the SOA for the advance filing fee? What happens if I fail to pay the advance filing fee within the validity of the SOA? Can I request for the re-issuance of another SOA?
The validity of this SOA is determined by each payment channel/merchant affiliated with Dragonpay and varies from a few hours to a certain number of days as indicated in the payment instruction provided by the online filing system to the applicant/filer. If the SOA lapses without payment, Dragonpay through its affiliated merchants will not allow payment of fees to proceed. In such a case, the payor will have to email email@example.com or firstname.lastname@example.org to request for another link/payment instruction to proceed with the payment.
It is strongly recommended that advance filing fees should be paid within the period indicated in the SOA to avoid complications.
The Implementing Rules require that the filing fee must be fully paid within 1 month from the filing date; otherwise, the application will be considered forfeited.
Are there additional charges if I choose to pay through payment channels other than the IPOPHL Cashier?
On top of the IPOPHL filing fees, the following payment channels/integrator will charge the ff:
- VISA thru DBP charges 2% of the transaction amount
- Dragonpay charges P20 per transaction PLUS the different payment channels will charge their own convenience fees.
- VISA, Mastercard, JCB credit cards thru Paymaya charges 1.25% of the transaction amount
- Paymaya Wallet charges P8 per transaction.
This is in accordance with “DTI-DOF Joint Department Administrative Order No. 10-01 Guidelines on the Use of Access Devices for Payment of Fees, Charges, Assessments and Other Revenues Due to the Government through the Electronic Payment and Collection System (EPCS) of a Government Entity”, which allows electronic payment service providers to collect convenience fees from the transacting client.
When I click on Dragonpay, I am ask to encode a login ID and password. What is this login and password?
The login ID and password that is being prompted from you is your online or Internet banking login ID and password with your bank. This is the same login ID and password you use when you check your bank account balance over the Internet. Dragonpay does not require a separate ID and password other than the one you already have. For more details, please click this link.
I encountered problems with my application when I clicked the Dragonpay option. Who do I contact to help solve my payment-related problems?