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Patent System in Philippines |
The island nation of the Philippines is located in Southeast Asia. The archipelago contains a staggering 7101 islands, total land area of 300,000 sq.km and coast line of 34,000 km, the longest in the world. Its capital, Manila, is located on the island of Luzon. The Philippines is home to some 101.8 million people. Its gross domestic product is about US$351.4 billion with a per capita of US$3,500.
| Legal basis |
1987 Philippine Constitution effective from 2 February, 1987
Republic Act No. 8293 Intellectual Property Code effective from 1 January, 1998
Republic Act No. 9168, Plant Varieties Protection Act effective from 7 June, 2002
IP Philippines Memorandum Circulars and Orders |
| Major international treaties signed |
Patent Co-operation Treaty
Paris Convention
Budapest Treaty
Agreement on Trade Related Aspect of Intellectual Property Rights (TRIPS)
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| Costs of obtaining a patent |
Please contact us at
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| 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 Models about 24-48 months from filing in the Philippines
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| Official language for patent prosecution |
English
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| 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
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| Grace period for pre-filing sale or public disclosure |
Up to 12 months before the first filing
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Major prosecution events (calculated from priority or filing date)
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| Event |
PCT-National Phase
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Non-PCT |
| Request for Search |
12 months |
18 months |
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Request for Examination
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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 |
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| Extension of deadlines |
(i) 2 months for responding to Office Actions
(ii) 18 months for Search and Examination events
(iii) 2 months for most other deadlines
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| 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 mailing 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
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ENFORCEMENT OF PATENTS
| Infringement offence |
Civil and Administrative
Criminal (in certain cases) |
| Any specialized courts for IP |
Yes
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| Outline of the enforcement steps |
(i) Notice of Cease and Desist
(ii) Action for Infringement
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| 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
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| Alternative dispute resolution |
Mediation
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| Availability of damages and other relief for infringement |
| (i) |
Injunction |
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| (ii) |
Loss of revenue |
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| (iii) |
Account of profits |
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| (iv) |
Attorney’s fees and other expenses for litigation
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Application and Registration Of Ptent From 1998 to 2010
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|
Domestic
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Foreign
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Total
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Domestic
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Foreign
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Total
|
|
1998
|
163
|
3280
|
3443
|
|
|
|
|
1999
|
144
|
3217
|
3361
|
|
|
|
|
2000
|
154
|
3482
|
3636
|
8
|
566
|
574
|
|
2001
|
135
|
2470
|
2605
|
7
|
1082
|
1089
|
|
2002
|
149
|
769
|
918
|
12
|
1112
|
1124
|
|
2003
|
141
|
1801
|
1942
|
13
|
1160
|
1173
|
|
2004
|
157
|
2538
|
2695
|
18
|
1434
|
1452
|
|
2005
|
210
|
2762
|
2972
|
4
|
1638
|
1642
|
|
2006
|
223
|
3038
|
3261
|
5
|
1191
|
1196
|
|
2007
|
225
|
3248 |
3473
|
2
|
1785
|
1787
|
|
2008
|
216
|
3097 |
3313
|
41
|
797
|
838
|
|
2009
|
172
|
2825
|
2997
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22
|
1657
|
1679
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2010
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167
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3224 |
3391
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13
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1140
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1153
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2011
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90
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1482
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1572
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3
|
574
|
577
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Total
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2346
|
37233 |
39579
|
148
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14136
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14284
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Disclaimer: The information provided on this website is intended to serve as a general guideline and is not intended as legal advice. Although we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness and accuracy with respect of the website or the information. Please contact us for further information.
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