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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 filed with the Bureau of Patents (BOP) of the
Intellectual Property Office (IPO) through the Receiving Section/Counter of
the Administrative, Financial and Human Resource Development Services
Bureau (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) Description of the invention and one or more claims.

NOTE: It is advised that any drawing/s necessary to understand the subject
invention should be submitted at the time of filing so that there would not
be a possible change in filing date due to late submission/filing of said
drawing/s . (Rule 602 of the IRR)The other formal requirements, which are
not needed to obtain a filing date, but maybe included at the time of filing
are:

(a) A filing fee (for big or small entities) which maybe paid
during application filing 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automatically cancelled/withdrawn in case of non-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 priority of an earlier filed application is being
claimed, the details of the 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 formal requirements needed for the
grant of a filing date. The date of filing is very important under the present
first-to-file system because it serves to determine, in case of a dispute with
another 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 the
invention is assigned, the application together with the results of the search
(which contains 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 the expiration of 18
months from the filing date or priority date). After the publication of the
application, any person may present observations in writing concerning the
patentability of the invention. Such observation shall be communicated to
the applicant who may comment on them.

4. Request for Substantive Examination. Substantive examination is conducted
upon request. The request for substantive examination of the application
must be filed within six (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 the
application, i.e. the application is not new, inventive or industrially
applicable, the Bureau shall notify the applicant of the reason for
refusal/rejection giving the applicant the chance to defend or amend the
application.

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

6. Inspection of Records. The grant of a patent together with other
information shall be published in the IPO Gazette within six (6) months. Any
interested party may inspect the complete description, claims, and
drawings of the patent on file with the Office.

7. Appeal.

(a) Every applicant may appeal to the Director of Patents
the final refusal of the examiner to grant the patent
within two (2) months from the mailing date of the 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 for reconsideration is filed with
the Director or an appeal to the Director General is
filed together with the payment of the required fee.

(b) The decision of the Director General may be appealed
to the Court of Appeals. If the applicant is still not
satisfied with the decision of the Court of Appeals, he
may appeal to the Supreme Court.