PATENT APPLICATION PROCEDURE
1. Application for Invention Patent
The application for a grant of Philippine Patent (for Invention) 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 Grant of Philippine Patent;
(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 invention and one or more claims.
NOTE: It is advised that any drawing/s necessary to understand the subject invention 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 602 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 The application shall be deemed automatically cancelled/withdrawn in case of non-payment of such fees;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;
(c) An abstract; and
(d) 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
Upon receipt of the application, the examiner checks if the application satisfies the formal requirements needed for the grant of a filing date. The date of filing is very important under the present “first-to-file” system because it serves to determine, in case of a dispute with another applicant for the same invention, who has the right to the patent.
3. Publication of Unexamined Application
After the formality examination, search and the classification of the field of technology to which the invention is
assigned, the application together with the results of the search (which contains a list of published patent applications or issued patents for inventions, which are identical or equivalent to those claimed by the application), will be published in the IPO Gazette (after the expiration of 18 months from the filing date or priority date). After the publication of the application, any person may present observations in writing concerning the patentability of the invention. Such observation shall be communicated to the applicant who may comment on them.
4. Request for Substantive Examination Substantive examination is conducted upon request
The request for substantive examination of the application must be filed within six (6) months from the date of the publication. The application is considered withdrawn if no request is made within that period. If the examiner finds reason to refuse the registration of the application, i.e. the application is not new, inventive or industrially applicable, the Bureau shall notify the applicant of the reason for refusal/rejection giving the applicant the chance to defend or amend the application.
5. Decision to Grant Patent Registration or Decision of Refusal
If the examiner finds no reason for refusal of the application, or if the notice of reason for refusal is satisfactorily complied with by amendment or correction, the examiner issues a decision to grant the patent registration. Otherwise, the examiner refuses the application.
6. Inspection of Records
The grant of a patent together with other information shall be published in the IPO Gazette within six (6) months. Any interested party may inspect the complete description, claims, and drawings of the patent on file with the Office.
(a) Every applicant may appeal to the Director of Patents the final refusal of the examiner to grant the patent within two (2) months from the mailing date of the final refusal. The decision or order of the Director shall become final and executory fifteen (15) days after receipt of a copy by the appellant unless within the same period, a motion for reconsideration is filed with the Director or an appeal to the Director General is filed together with the payment of the required fee. (b) The decision of the Director General may be appealed to the Court of Appeals. If the applicant is still not satisfied with the decision of the Court of Appeals, he may appeal to the Supreme Court.