ABOUT PATENTS

A Patent is a grant issued by the government through the Intellectual Property Office of the Philippines (IP Philippines). It is
an exclusive right granted for a product, process or an improvement of a product or process which is new, inventive and
useful. This exclusive right gives the inventor the right to exclude others from making, using, or selling the product of his
invention during the life of the patent.
A patent has a term of protection of twenty (20) years providing an inventor significant commercial gain. In return, the patent
owner must share the full description of the invention. This information is made available to the public in the form of the
Intellectual Property Official Gazette and can be utilized as basis for future research and will in turn promote innovation and
development.
Patentable inventions offer a technical solution to a problem in any field of human activity. However, theories, mathematical
methods, methods of treatment and artistic creations are Non-Patentable inventions.

PATENTABLE INVENTIONS
A Technical Solution to a Problem
In any field of human activity
It must be NEW
It must involve an INVENTIVE STEP
It must be INDUSTRIALLY APPLICABLE
Statutory Classes of Invention
A useful machine
A product or composition
A method or process, or
An improvement of any of the foregoing
Microorganism
Non-biological & microbiological process

Non-Patentable Inventions
Discovery
Scientific theory
Mathematical methods
Scheme, rule and method of
performing mental act
playing games
doing business
program for computer
Method for treatment human or animal body by surgery or therapy & diagnostic method
Plant variety or animal breed or essentially biological processes for the production of plants and animals
Aesthetic creation
Contrary to public order or morality (Sec. 22, IP Code )
REQUIREMENT FOR PATENTABILITY
NOVELTY
INVENTIVE STEP
INDUSTRIAL APPLICABILITY
INVENTIVE STEP
An invention involves an inventive step, if having regard to prior art
it is not obvious to a person skilled in the art

OBVIOUSNESS

Not beyond normal progress of technology

Follows plainly or logically from the prior art
Does not require any skill or ability beyond that to be expected of the person skilled in the art
SKILLED PERSON
Ordinary practitioner who is Aware of common general knowledge in specific art
Has access to everything disclosed as the state of the art
Observes developments in related technical field
Who may apply for a Patent?
Natural person
Juridical person
a body of persons, a corporation, a partnership, or other legal entity recognized by law
Requirements for Filing a Patent

1. Request for the Grant of Patent

2. Description of the Invention (Specification and Claim/s)
3. Drawings necessary for the Invention (if any)
4. Filing Fee
CONTENTS OF THE SPECIFICATION

1. Title of the Invention

2. Abstract of the Disclosure
3. Background of the Invention
4. Summary of the Invention
5. Brief Description of the Drawings
6. Detailed Description
7. Claim/s
Who prepares the Patent Application?

Applicant or Inventor
First obtain practical ideas as to how specification and claims are drafted by perusal and study of patents
previously granted on related invention in the IPP Library or to any IP website.
Category: Patents
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ABOUT UTILITY MODELS
A Utility Model is a protection option, which is designed to protect innovations that are not sufficiently inventive to meet the
inventive threshold required for standard patents application. It may be any useful machine, implement, tools, product,
composition, process, improvement or part of the same, That is of practical utility, novelty and industrial applicability. A utility
model is entitled to seven (7) years of protection from the date of filing, with no possibility of renewal. Normal 0 false false

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Utility model registration is intended to accommodate local industries, small businesses or entities by providing an industrial
property right that is relatively inexpensive, quick, easy to obtain and suited to innovations having short commercial life.
Utility model registration is a useful tool in supporting the first to market place advantage. It promotes progress of technology
and encourages innovation among small to medium businesses and the local industry.
It is inexpensive and easy to obtain, however it can't be enforced until after examination has been carried out and the
registration is certified. A utility model is examined to determine if it meets the requirements embodied in the existing Utility
Model law and its Implementing Rules and Regulations (IRR). It need not undergo substantive examination before it is
certified.
You can apply for Utility Model registration directly with the IP Philippines. An application for registration should contain a
duly accomplished request for registration as prescribed by the Bureau, specification or description containing the following:
(a). title; (b) technical field; (c). background of the Utility Model; (d) brief description of the several views of the drawings, if
any; (e) detailed description; (f) claim or claims; (g) drawings, if any; and (h) abstract of the disclosure.
About Industrial Design
An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional
features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. Industrial
designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to
watches, jewelry, and other luxury items; from house wares and electrical appliances to vehicles ; from textile designs to
leisure goods. To be protected under most national laws, an industrial design must be non-functional. This means that an
industrial design is primarily of an aesthetic nature and any technical features of the article to which it is applied are not
protected.
When an industrial design is protected, the owner the person or entity that has registered the design is assured an
exclusive right against unauthorized copying or imitation of the design by third parties. This helps to ensure a fair return on
investment. An effective system of protection also benefits consumers and the public at large, by promoting fair competition
and honest trade practices, encouraging creativity, and promoting more aesthetically attractive products.
Protecting industrial designs helps economic development, by encouraging creativity in the industrial and manufacturing
sectors, as well as in traditional arts and crafts. They contribute to the expansion of commercial activities and the export of
national products. Industrial designs can be relatively simple and inexpensive to develop and protect. They are reasonably
accessible to small and medium-sized enterprises as well as to individual artists and craftsmen, in both industrialized and
developing countries.

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.
MAINTAINING YOUR PATENT
All issued invention patents are subject to maintenance fees or annual fees, which must be paid to maintain the patent in
force.
For patents filed under RA 8293(new law) the annual fee shall be paid upon the expiration of four years from the date
the application was published pursuant to section 44, and on each subsequent anniversary of such date.
Payment of the annual fee may be made 3 months before the due date.
If the annual fee is not paid, the patent application shall be deemed withdrawn or the patent shall be considered as lapsed
from the day following the expiration of the period within which the annual fee was due.
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.

For patents filed under RA 165 (old law) The first annual fee on a patent for invention shall be due and payable on the
expiration of four years from the date of issue of the patent. Annual fees of subsisting patents shall be due and payable on
the fifth and each subsequent anniversary of the date of issue until the term of the patent expires.
If any annual fee is not paid within the prescribed time, a notice of non-payment shall be published by the patent office in
the official gazette, and the patentee shall have six months from the date of the actual publication to pay the fee, together
with the surcharge required for the delayed payments. If the patentee does not pay the annual fee and the surcharge within
six months, the letters patent lapses.
A lapsed patent may be reinstated within two years from the date on which the first unpaid annual fee was due, upon
payment of all annual fees then due, of the surcharge for reinstatement, and of all expenses for publication in the official
gazette.
Category: Patents