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INVENTION PATENTAPPLICATION PROCEDURES

1. Application for Invention Patent. The application for a grant of PhilippinePatent (for Invention) must be filed with the Bureau of Patents (BOP) of theIntellectual Property Office (IPO) through the Receiving Section/Counter ofthe Administrative, Financial and Human Resource Development ServicesBureau (AFHRDSB) located at the ground floor of the IPO Building. To obtaina filing date, the following has to be submitted:

(a) Properly filled-out Request Form for a Grant ofPhilippine 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 subjectinvention should be submitted at the time of filing so that there would notbe a possible change in filing date due to late submission/filing of saiddrawing/s . (Rule 602 of the IRR)The other formal requirements, which arenot needed to obtain a filing date, but maybe included at the time of filingare:

(a) A filing fee (for big or small entities) which maybe paidduring application filing or within one month from thedate of filing. The application shall be deemedautomatically cancelled/withdrawn in case of non-payment of such fees;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, filenumber and country of origin.

2. Formality Examination . Upon receipt of the application, the examinerchecks if the application satisfies the formal requirements needed for thegrant of a filing date. The date of filing is very important under the presentfirst-to- file system because it serves to determine, in case of a dispute withanother 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 theinvention is assigned, the application together with the results of the search(which contains a list of published patent applications or issued patents forinventions, which are identical or equivalent to those claimed by theapplication), will be published in the IPO Gazette (after the expiration of 18months from the filing date or priority date). After the publication of theapplication, any person may present observations in writing concerning thepatentability of the invention. Such observation shall be communicated tothe applicant who may comment on them.

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4. Request for Substantive Examination . Substantive examination is conducted

upon request. The request for substantive examination of the applicationmust be filed within six (6) months from the date of the publication. The

application is considered withdrawn if no request is made within thatperiod. If the examiner finds reason to refuse the registration of theapplication, i.e. the application is not new, inventive or industriallyapplicable, the Bureau shall notify the applicant of the reason forrefusal/rejection giving the applicant the chance to defend or amend theapplication.

5. Decision to Grant Patent Registration or Decision of Refusal. If the examinerfinds no reason for refusal of the application, or if the notice of reason forrefusal is satisfactorily complied with by amendment or correction, theexaminer issues a decision to grant the patent registration. Otherwise, theexaminer refuses the application.

6. Inspection of Records . The grant of a patent together with otherinformation shall be published in the IPO Gazette within six (6) months. Anyinterested party may inspect the complete description, claims, anddrawings of the patent on file with the Office.

7. Appeal .

(a) Every applicant may appeal to the Director of Patentsthe final refusal of the examiner to grant the patent

within two (2) months from the mailing date of the finalrefusal. The decision or order of the Director shallbecome final and executory fifteen (15) days afterreceipt of a copy by the appellant unless within thesame period, a motion for reconsideration is filed withthe Director or an appeal to the Director General isfiled together with the payment of the required fee.

(b) The decision of the Director General may be appealedto the Court of Appeals. If the applicant is still notsatisfied with the decision of the Court of Appeals, hemay appeal to the Supreme Court.