The island nation of the Philippines is located in Southeast Asia. The archipelago contains a staggering 7101 islands and its capital, Manila, is located on the island of Luzon. The Philippines is home to some 90 million people. Its gross domestic product is about US$443.1 billion with a per capita of US$5,000.
THE PHILIPPINES PATENTS SYSTEM
| Major international treaties signed |
Patent Co-operation Treaty
Paris Convention
Budapest Treaty
Agreement on Trade Related Aspect of Intellectual Property Rights (TRIPS) |
| Costs of obtaining a patent |
Please contact us at philippines@mirandah.com |
| Average time to obtain a patent |
About 36 months for the PCT national phase filings
About 52 months for the Convention and Direct filings
About 6 months for Utility Models24-48 months from filing in the Philippines |
| Official language for patent prosecution |
English |
| Non-patentable subject matter |
- Discoveries, scientific theories and mathematical method
- Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers
- Methods of medical treatment for the human or animal body for surgery
- Plant varieties or animal breeds
- Aesthetic creations
- Anything that is contrary to public order or morality
|
| Grace period for pre-filing sale or public disclosure |
Up to 12 months before the first filing |
|
Major prosecution events (calculated from priority or filing date) |
| Event |
PCT-National Phase |
Non-PCT |
| Request for Search |
12 months |
18 months |
|
Request for Examination |
34 months |
21 months |
| National Phase Entry |
30 months |
N.A. |
| Payment for Annual Fees |
48 months |
48 months |
| Renewal (after grant) |
Every year |
Every year | |
| Extension of deadlines |
(i) 1 month for responding to Office Actions
(ii) 18 months for Search and Examination events
(iii) 2 months for most other deadlines
|
| Pharmaceutical Data Exclusivity Laws |
Not available |
| Parallel Imports |
Allowable |
| Term of patent |
20 years |
| Patent term extension |
Not available |
| Restoration of lapsed Patent |
No specific provisions are present. However, in case the application is pending Examination, an application can be revived by filing a Petition for Revival within 4 months from the date of the Notice of Abandonment |
| Search and Examination |
Local Examination of patents is not compulsory. Search and Examination reports established in other countries or during PCT International phase can be relied upon for the purpose of patent grant in the Philippines. |
| Other forms of patents (e.g. petty/innovation patents) |
Utility model |
| Useful links |
www.mirandah.com
www.ipophil.gov.ph |
ENFORCEMENT OF PATENTS
| Infringement offence |
Civil and Administrative
Criminal (in certain cases) |
| Any specialized courts for IP |
Yes |
| Outline of the enforcement steps |
(i) Notice of Cease and Desist
(ii) Action for Infringement |
| Relief against groundless threats |
Not available |
| Declaration of non-infringement |
Not available |
| Preliminary injunctions |
Available |
| Time frame for various legal actions |
Infringement proceeding: 12-24 months |
| Alternative dispute resolution |
Mediation |
| Availability of damages and other relief for infringement |
| (i) |
Injunction |
|
| (ii) |
Loss of revenue |
|
| (iii) |
Account of profits |
|
| (iv) |
Attorney’s fees and other expenses for litigation |
| |
Disclaimer: The information provided above is intended to serve as a general guideline and is not intended as legal advice. The information is correct at the time of printing.