Philippines Information on the filing of Patents, Designs and Trademarks in Philippines COMANAS CORP IP Management Service Group
CONTENTS 1. Patent 2. PCT National Phase Entry 3. Trademark 4. Design
[Patent] Patent Requirements: In order to apply and file for a patent in Philippines you need to provide Patent Information, and you need to send to the Attorney the Power of Attorney for Philippines and the Assignment Document if required. Direct National Applications 1. Name and address of the applicant. If it is a Company, place of incorporation. 2. Name, address and citizenship of the Inventor(s). 3. Invention Title, Abstract of the Invention or Design. 4. Invention specifications / description. 5. Claims. 6. Formal Drawings. 7. Inventors Declaration which does not need to be notarized. 8. Certified priority document, including priority number and country of origin, accompanied by a Chinese translation. Has to be filed within 3 months (The priority could be claimed if the foreign patent application was filed within 12 months). 9. Simple Power of Attorney Application Procedure: 1. Application: - Every applicant is required to an application to with Intellectual Property Office of the Philippines within 12 months of priority date. 2. Examination: - After the assignment of a filing date the application will be examined. And a search report be submitted to the applicant. 3. Publication & Substantive Examination: - The application will be published within 18 months from the date of filing. Request for substantive examination has to be made within 6 months from the date of publication. Letters
of patent will be granted on completion of substantive examination. The invention will be published in the IPO Gazette together with other relevant information. 4. Opposition: - Third parties are invited to oppose the applications within the stipulated publication period. 5. Registration: - Finally on completion of objections and opposition a Certificate of Registration will be issued subject to the payment of a fee. The duration of registration could take a minimum period of 2-3 weeks. The registration is effective from date of application. Granting: 20 years (from the filing date) Utility Model: Utility models are registrable in the Philippines. A utility model must fulfill the criteria of new and industrial applicability (but not inventiveness). The term is seven (7) years without renewal.
[PCT National Phase Entry] PCT national stage deadline for Philippines: - 30 months from the priority date Language: - English Required contents of the translation for entry into the national phase: - Description, - claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 193), - any text matter of drawings, - abstract Is a copy of the international application required? - No, where the international application was filed in a language other than English - Yes, where it was filed in English and the applicant has not received Form PCT/IB/308 Special requirements of the Office: - Appointment of an agent if the applicant is not a resident of the Philippines - Copy or translation of the international application to be furnished in duplicate - Name and address of the inventor if they have not been furnished in the Request part of the international application - Instrument of assignment of the international application if the applicant is not the inventor - Instrument of assignment of the priority application where the applicants are not identical - Document evidencing a change of name or person of the applicant if the change occurred after the international filing date and has not been reflected in the PCT pamphlet or in a notification from the International Bureau (Form PCT/IB/306)
- Furnishing, where applicable, of a nucleotide and/or amino sequence listing in electronic form Granting: - Patent: 20 years (from the filing date) - Utility Model: 10 years
[Trademark] Filing Requirements: In order to apply for a trademark in Philippines you need to provide Information through our Trademark Registration Order Form; you also need to Demonstrate Use and send us a Power of Attorney. 1. A request for the registration of a trademark; 2. The name and address of the applicant; 3. The name of Country/State of which the applicant is a national or where he has domicile; and the name of Country/ State in which the applicant has a real and effective industrial or commercial establishment, if any; 4. Where the applicant is a juridical/corporate entity, the law under which it is organized and existing; 5. The appointment of an agent or representative, If the applicant is not domiciled in the Philippines; 6. Where the applicant claims the priority of an earlier application, an indication of : - The name of Country/State with whose national office the earlier application was filed or it filed with an office other than a national office, the name of the office, - The date on which the earlier application was filed; - Where available, the application number of the earlier application. 7. Where the applicant claims color as a distinctive feature of the mark, a statement to that effect as well as the name or names of the color of colors claimed and an indication, in respect of each color, of the principal parts of the mark, a statement to that effect; 8. Where the mark is a three-dimensional mark, a statement to the effect; 9. Ten facsimiles of the mark; 10. A transliteration of translation of the mark or of some parts of the mark, as prescribed in the Regulations; 11. The names of the goods or services for which the registration is sought; 12. A signature by, or other self-identification of, the applicant or his representative. Application Procedure: 1. Application: - Every applicant is required to submit an application with Intellectual Property Office of the Philippines.
2. Examination: - A Trademark application is examined 12 to 18 months from the date of filing. 3. Publication: - The IPO then issues a notice of allowance and publishes the application 12 to 24 months from the filing date. An application fee is required to be paid within 2 months from mailing date of notice of allowance. IPO publishes the application in the official gazette for purposes of opposition within 6 to 8 months from notice. 4. Opposition: - Aggrieved parties are required to submit oppositions within 30 days from the date of publication. 5. Notice of Issuance: - Where no opposition is filed a notice of issuance and publication is issued by the IPO within 3 months from the publication of the notice of allowance. 6. Registration: - The IPO issues a certificate of registration within 5 to 7 months of notice of issuance subsequent to payment of fees by the applicant within 2 months from mailing date notice of issuance. Granting: The trademark registration is valid for 10 years. Renewal: The registration is renewable for another 10 years
[Design] Filing Requirements: In order to apply and file for a patent Design in Philippines you need to provide Patent Design Information, and you need to send to the Attorney the Power of Attorney for Philippines and the Assignment Document if required. 1. Information identifying the applicant; 2. Indication of the kind of article of manufacture of handicraft to which the design shall be applied; 3. The name and address of the creator; 4. where the applicant is not the creator, a statement indicating the origin of the right to the industrial design registration according to intellectual property protection in the Philippines. Application Procedure: 1. Application: - Every design application has to be filed with the Intellectual Property of Philippines. 2. Examination: - A formalities examination will be conducted after the issuance of a filing date to ensure formalities as to the size, quality of the representation and classification are met. 3. Objections: - If there are any amendments or deficiencies spotted in the formalities examination, the examiners will notify the applicant and the applicant would have to correct this noncompliance within a given period. 4. Registration: - Once an application is in order, a registration certificate will be issued and the application will be published in the Designs Journal. Once published, the published designs are made available for public inspection. It takes about 2 to 3 months from the submission of the application to the successful registration of a design.
Granting: A design once registered is valid for a term of 5 years from the date of filing of the application and may be renewed for not more than 2 consecutive periods of 5 years each.
Should you have any questions or wish to apply, please contact us CONTACT INFORMATION : COMANAS CORP 902, Buysan Digitalvally 7 th, 170-13 Grodong, Gurogu, Seoul, Republic of Korea TEL: +82 070 8244 4785 FAX: +82 02 554 3028 Email: ipcomanas@gmail.com SITE : www.comanasip.com Software: www.comanas.com