Procedures

Estimated three (3) to four (4) years for smooth application

• Filing new patent application
• National Phase entry via PCT route within thirty (30) months from the earliest claimed priority date OR
• Patent application via Paris Convention route within twelve (12) months from the earliest claimed priority date
• Formality examination
• Publication in the IPOPHL E-Gazette together with a search document after the expiration of eighteen (18) months from the filing date
• Substantive examination (Request to be filed within six (6) months from the date of the publication of the application)
• Grant of the patent
• Publication in the IPOPHL E-Gazette within six (6) months after grant

Requirements

• Name, nationality and address of the applicant(s) and inventor(s)
  
• Deed of assignment if the applicant(s) is not the inventor(s)
• Patent specification including description, claims, abstract and drawing(s)
• Priority details (if any)
• Certified copy of Priority Document (if priority is claimed)
• A copy of the international application (PCT/RO/101) in English (for PCT route)
• Application should be filed in Filipino or English

Grant & Maintenance

• Twenty (20) years from the filing date
  
• Annual maintenance fees payable each year starting on the expiration of four (4) years from the date of the international publication, and on each subsequent anniversary of such date

Remarks*

• Novelty grace period: twelve (12) months before first priority date or filing date
  
• Patent Prosecution Highway (PPH) program/agreement with USPTO, JPO, KIPO, and EPO
  
• No opposition proceeding is available
  

Legal Basis

• Intellectual Property Code of the Philippines
  

Procedures

Estimated four (4) to six (6) months for smooth application

• Filing new industrial design application
• Paris Convention route to be filed within six (6) months from the earliest claimed priority date
• Formality examination
• Proceed to registration
• Publication in the IPO Gazette within six (6) months after registration

Requirements

• Name, nationality and address of the applicant(s) and designer(s) / author(s)
  
• Statement justifying the applicant’s right if the applicant(s) is not the designer(s) / author(s)
• Representation of the design with respective view(s) to be filed
• Title and brief description of the design
• Classification of the design in accordance with Locarno Classification
• An omnibus claim for industrial design
• Priority details (if any)
• Application should be filed in English

Validity Term & Maintenance

• Initial protection of five (5) years from the filing date
  
• Renewal for a further period of ten (10) years subject to the payment of a renewal fee every five (5) years, for a total of fifteen (15) years
  
• The renewal fee should be paid within twelve (12) months preceding the expiration date of the registration
  
• A grace period of six (6) months is granted for payment of the fees after the expiration of the design registration upon payment of a surcharge
  

Remarks*

• Multiple design application is available
  
• Partial design system is available
  
• Divisional design application is available
  
• Opposition is not available
  
• Novelty grace period: six (6) months before first priority date or filing date
  

Legal Basis

• Intellectual Property Code of the Philippines
  

Requirements

• Sample of the work or creation (can be in the form of: printed materials, CD/USB (for software creation) and manual book)
• Power of Attorney
• Affidavit of ownership
• Deed of Assignment executed by the author(s) or creator(s) if the applicant(s) is not the author(s) or creator(s)
• Name, nationality and address of the applicant(s) and the author(s) or creator(s)
• Type and title and brief descriptions of the copyright
• Information on the first publication of the creation
• Certificate of Registration and Deposit will be issued upon payment
• Application should be filed in Filipino or English

Protection Duration

• Copyright protection generally lasts for the creator's lifetime and fifty (50) years after his or her death with some exceptions:
  
• Twenty-five (25) years for works of applied art
• Fifty (50) years from creation for works for anonymous or pseudonymous works, audio-visual works
• Fifty (50) years from the end of the year in which the performance or recording took place for sound or image and sound recordings and performances
• Twenty (20) years from the date the broadcast for broadcasts

Remarks*

• Copyright protection is obtained automatically without any need for registration or other formalities
  
• Registration of copyright is in voluntary nature but can be deposited for the purpose of evidence of legal ownership
  

Legal Basis

• Intellectual Property Code of the Philippines
  
• Revised Rules and Regulations on Copyright Registration and Recordation