A patent is an intellectual property that gives its holder the exclusive of making, using, or selling the invention.1 Furthermore, one of the rights conferred by the Intellectual Property Code (IP Code) to the patent holder is the right to restrain, prohibit, and prevent any unauthorized person or entity from making, using, offering for sale, selling, or importing the protected product.2
While the IP Code vests certain rights upon the patent holder, these rights only come into play at the date of patent application.That having been said, this article will help you identify the key steps in patent application.
First-to-File Rule
According to the “First-to-File Rule”, if two (2) or more persons have made the same invention separately and independently of each other, the right to the patent belongs to the person who first filed the application. In other words, the applicant who has the earliest filing date shall be preferred.3
This rule is important since applying for a patent first allows you to have an advantage over your competitors as the law, upon application. gives you the right to make use, sell, offering for sale, or importing your invention to the exclusion of all others.
Applying For a Patent
Now that we have touched upon the benefits of patent application, let us now delve into how you can apply for a patent. There are three (3) things to remember: (a) the requirements for patent application; (b) the processes of patent application; and (c) the fees for the application.
Requirements
The following are the formal requirements for patent registration in the Philippines:
1. A request for the grant of a patent;4
2. Information/Description of your invention,5 namely:
a. Title of the invention;
b. Name, nationality, and address of the applicant;
c. Name, nationality, and address of the inventor(s); and
d. Application serial number, filing date, and country of home application.
3. Specifications and Claims6 together with the Abstract of Disclosure7
4. Information Concerning Corresponding Foreign Application for Patents;8
5. A certified copy of the priority document, together with the English translation (if priority is being claimed);9
6. Signed Power of Attorney in favor of the local agent/representative (if the applicant is not the one filing the patent application)
Process
After the patent application is filed, the Intellectual Property Office shall determine whether the following concur: (a) that there is an express/implicit indication that a Philippine Patent is sought; (b) that there is information identifying the applicant; and (c) that there is a description of the invention and one (1) or more claims in Filipino or English.10
If all of the aforementioned are present, the Office shall grant the “date-of-filing”. Conversely, if the date of filing cannot be granted, the Office shall allow the applicant to correct the deficiencies under its regulations.11 In the case of the latter scenario, the “date-of-filing” shall be the date when all the elements are received. If the deficiencies are not remedied within the time prescribed by the Office, the application shall be considered withdrawn.
Conclusion
To summarize, the patent registration in the Philippines follow these steps:
- Filing of the application for patent registration;
- Examination of the application;
- Substantive Examination;
- If the application is in order, a Notice of Allowability will be issued; and
Once the issuance and publication fees are paid, the Letters Patent12 will be issued.
Do you want to know more about patent applications? Book a consultation with an accredited attorney. You may also email us at admin@pinollaw.com.
1 E.I. Dupont De Nemours and Co. v. IPO, G.R. No. 174379, 31 August 2016
2 Intellectual Property Code of the Philippines, § 71 (a)
3 Intellectual Property Code of the Philippines §29
4 Intellectual Property Code of the Philippines §32(a)
5 Intellectual Property Code of the Philippines §32(b)
6 Intellectual Property Code of the Philippines §36
7 Intellectual Property Code of the Philippines §35
8 Intellectual Property Code of the Philippines §39
9 Intellectual Property Code of the Philippines §31
10 Intellectual Property Code of the Philippines §40
11 https://www.ipophil.gov.ph/intellectual-property-code-implementing-rules-and-regulations/
12 https://www.ipophil.gov.ph/help-and-support/patent/
