Procedure For Grant of Patent

PROCEDURE FOR GRANT OF PATENT
Filing Date Requirements. –

The filing date of a patent application shall be the date of receipt by the Office of at
least the following elements:
(a) An express or implicit indication that a Philippine patent is sought;
(b) Information identifying the applicant; and
(c) Description of the invention and one (1) or more claims in Filipino or English.
 If any of these elements is not submitted within the period set by the Regulations, the
application shall be considered withdrawn.
According a Filing Date

The Office shall examine whether the patent application satisfies the requirements for
the grant of date of filing.
Formality Examination
After the patent application has been accorded a filing date and the required fees have
been paid on time in accordance with the Regulations, the applicant shall comply with the
formal requirements.
 The Regulations shall determine the procedure for the re-examination and revival of an
application as well as the appeal to the Director of Patents from any final action by the
examiner.
Publication of Patent Application

The patent application shall be published in the IPO Gazette together with a search
document established by or on behalf of the Office citing any documents that reflect prior art,
after the expiration of eighteen (18) months from the filing date or priority date.
 After publication of a patent application, any interested party may inspect the
application documents filed with the Office.
 The Director General, subject to the approval of the Secretary of Trade and Industry,
may prohibit or restrict the publication of an application, if in his opinion, to do so would
be prejudicial to the national security and interests of the Republic of the Philippines.
Rights Conferred by a Patent Application After Publication

The applicant shall have all the rights of a patentee.
Request for Substantive Examination. –

The application shall be deemed withdrawn unless within six (6) months from the date
of publication, a written request to determine whether a patent application meets the
requirements the fees have been paid on time.
 Withdrawal of the request for examination shall be irrevocable and shall not authorize
the refund of any fee.
Amendment of Application
An applicant may amend the patent application during examination: Provided, That such
amendment shall not include new matter outside the scope of the disclosure contained in the
application as filed.
Grant of Patent
If the application meets the requirements of this Act, the Office shall grant the
patent: Provided, That all the fees are paid on time.
If the required fees for grant and printing are not paid in due time, the application shall
be deemed to be withdrawn.
A patent shall take effect on the date of the publication of the grant of the patent in the
IPO Gazette.
Refusal of the Application. –

The final order of refusal of the examiner to grant the patent shall be appealable to the
Director.
The Regulations shall provide for the procedure by which an appeal from the order of
refusal from the Director shall be undertaken.
Publication Upon Grant of Patent

The grant of the patent together with other related information shall be published in the
IPO Gazette within the time prescribed by the Regulations.
Any interested party may inspect the complete description, claims, and drawings of the
patent on file with the Office.
Contents of Patent
The patent shall be issued in the name of the Republic of the Philippines under the seal
of the Office and shall be signed by the Director, and registered together with the description,
claims, and drawings, if any, in books and records of the Office.
Term of Patent
The term of a patent shall be twenty (20) years from the filing date of the application.
 To maintain the patent application or patent, an annual fee shall be paid upon the
expiration of four (4) years from the date the application was published, and on each
subsequent anniversary of such date. Payment may be made within three (3) months
before the due date. The obligation to pay the annual fees shall terminate should the
application be withdrawn, refused, or cancelled.
 If the annual fee is not paid, the patent application shall be deemed withdrawn or the
patent considered as lapsed from the day following the expiration of the period within
which the annual fees were due. A notice that the application is deemed withdrawn or
the lapse of a patent for non-payment of any annual fee shall be published in the IPO
Gazette and the lapse shall be recorded in the Register of the Office.
 A grace period of six (6) months shall be granted for the payment of the annual fee,
upon payment of the prescribed surcharge for delayed payment.
Surrender of Patent
The owner of the patent, with the consent of all persons having grants or licenses or
other right, title or interest in and to the patent and the invention covered thereby, which have
been recorded in the Office, may surrender his patent or any claim or claims forming part
thereof to the Office for cancellation.
A person may give notice to the Office of his opposition to the surrender of a patent
under this section, and if he does so, the Bureau shall notify the proprietor of the patent and
determine the question.
If the Office is satisfied that the patent may properly be surrendered, he may accept the offer
and, as from

Procedure For Grant of Patent

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Procedure For Grant of Patent

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PROCEDURE FOR GRANT OF PATENT

Filing Date Requirements. –

According a Filing Date

Publication of Patent Application

Rights Conferred by a Patent Application After Publication

Request for Substantive Examination. –

Refusal of the Application. –

Publication Upon Grant of Patent

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