Invention Patent Application Procedures.doc

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Invention Patent Application Procedures

1. Application for Invention Patent

The application for a grant of Philippine Patent (for Invention) must be filedwith the Bureau of Patents

(BOP) of the Intellectual Property Office (IPO) through the ReceivingSection/Counter of the

Administrative, Financial and Human Resource Development ServicesBureau (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) Descriptionof 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 not be a possible changein filing date due to late

submission/filing of said drawing/s .(Rule 602 of the IRR)The other formalrequirements, which are not

needed to obtain a filing date, but maybe included at the time of filing are:
http://www.ipophil.gov.ph/forms/invention.pdfhttp://www.ipophil.gov.ph/htm_doc/patent_desc.htmhttp://www.ipophil.gov.ph/htm_doc/patent_claim.htmhttp://www.ipophil.gov.ph/htm_doc/patent_rule602.htmhttp://www.ipophil.gov.ph/htm_doc/patent_rule602.htmhttp://www.ipophil.gov.ph/htm_doc/patent_rule602.htmhttp://www.ipophil.gov.ph/htm_doc/patent_desc.htmhttp://www.ipophil.gov.ph/htm_doc/patent_claim.htmhttp://www.ipophil.gov.ph/htm_doc/patent_rule602.htmhttp://www.ipophil.gov.ph/forms/invention.pdf


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(a) A filing fee (for big or small entities) which maybe paid during applicationfiling 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cancelled/withdrawn in case of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 priorityof an earlier filed application is being claimed, the details ofthe

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 formalrequirements needed for the

grant 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 with another applicantfor 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 towhich the invention is
http://www.ipophil.gov.ph/htm_doc/inventionfees.htmhttp://www.ipophil.gov.ph/htm_doc/patent_drawing.htmhttp://www.ipophil.gov.ph/htm_doc/patent_drawing.htmhttp://www.ipophil.gov.ph/htm_doc/patent_abstract.htmhttp://www.ipophil.gov.ph/htm_doc/patent_priority.htmhttp://www.ipophil.gov.ph/htm_doc/patent_priority.htmhttp://www.ipophil.gov.ph/htm_doc/inventionfees.htmhttp://www.ipophil.gov.ph/htm_doc/patent_drawing.htmhttp://www.ipophil.gov.ph/htm_doc/patent_abstract.htmhttp://www.ipophil.gov.ph/htm_doc/patent_priority.htm


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assigned, the application together with the results of the search (whichcontains 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 theexpiration of 18 months from the

filing date or priority date). After the publication of the application, anyperson may present

observations in writing concerning the patentability of the invention. Suchobservation shall be

communicated to the applicant who may comment on them.

4. Request for Substantive Examination Substantive examination isconducted upon request. The

request for substantive examination of the application must be filed withinsix (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 theapplication, i.e. the application is

not new, inventive or industrially applicable, the Bureau shall notify theapplicant of the reason for

refusal/rejection giving the applicant the chance to defend or amend theapplication.

5. Decision to Grant Patent Registration or Decision of Refusal If theexaminer finds no reason for

refusal of the application, or if the notice of reason for refusal issatisfactorily complied with by


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amendment or correction, the examiner issues a decision to grant thepatent registration. Otherwise,

the examiner 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. Any interestedparty may inspect the

complete description, claims, and drawings of the patent on file with theOffice.

7. Appeal (a) Every applicant may appeal to the Director of Patents thefinal refusal of the

examiner to grant the patent within two (2) months from the mailing date ofthe 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 forreconsideration is filed with the

Director or an appeal to the Director General is filed together with thepayment of the required fee. (b)

The decision of the Director General may be appealed to the Court ofAppeals. If the applicant is still

not satisfied with the decision of the Court of Appeals, he may appeal to the

Supreme Court.

Invention Patent FlowChart
http://www.ipophil.gov.ph/htm_doc/patent_flowchart.htmhttp://www.ipophil.gov.ph/htm_doc/patent_flowchart.htm


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Invention Patent Application Procedures.doc