Invention Patents in the Philippines
Acquisition of rights
Exclusive rights to an invention are secured through the issuance of letters patent upon an application filed with the Philippine Intellectual Property Office (IPO).
Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable is patentable.
In order to be considered new, an invention should not form part of prior art. Prior art consists of:
(a) Everything which has been made available to the public anywhere in the world, before the filing date or priority date of the application claiming the invention; and
(b) The whole contents of an application for a patent, utility model, or industrial design registration, published in accordance with the IP Code, filed or effective in the Philippines, with a filing or a convention priority date that is earlier than the filing or priority date of the application. An third party application which has validly claimed the priority of an earlier filing date shall be prior art with effect as of that filing date.
The minimum requirements to secure a filing date for a patent application are as follows:
(a) Name, address and nationality of the inventor
(b) Name, address and nationality of the assignee (if applicable)
(c) Specification and claim(s)
(f) Filing details of priority/PCT application (if applicable)
Claim of priority / International designation
A patent application may claim the priority of an earlier application filed by the same applicant within the 12 months preceding the filing date of the Philippine application in a country that grants reciprocal privileges to Philippine citizens by treaty, convention or law.
The Philippines may be designated in an international application filed under the Patent Cooperation Treaty. Entry to the national phase of an international application in the Philippines should be made within 30 months from the earliest priority date or the international filing date if the international application does not claim the priority of an earlier application. Late entry may be made not later than one month following that period upon payment of a surcharge.
Examination and grant
An application passes through substantive examination for patentability by an examiner of the IPO. If the application meets the requirements for the issuance of letters patent, the IPO will grant the patent.
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