The first annuity is due four (4) years from the date the application was published. Further, on each subsequent anniversary of such date, payment may be made within three (3) months before the due date.
What are the terms of protection for a patent, utility model or an industrial design in the Philippines?
The term of a patent shall be twenty (20) years from the filing date of the application, subject to the payment of annuities.
The term of a utility model is seven (7) years, without any possibility of renewal.
The term of an industrial design is five (5) years from the filing date of the application. It may be renewed for not more than two (2) consecutive periods of five (5) years each, by paying the renewal fee.
Under current practice, the Philippines Patent Office allows a 1 month extension to the stipulated 30th month national phase entry due date. No further extension shall be granted.
What are the requirements and timings to file PPH (Patent Prosecution Highway) to accelerate substantive examination in the Philippines?
The request for accelerated examination via PPH should ideally be filed along with the request for examination proper, or shortly after. The Request for Substantive Examination (RSE) must be filed within six (6) months from the date of national phase entry.
In order to proceed with accelerated examination, the following documents are required:
• Copies of all office actions (relevant to substantial examination for patentability in the foreign patent office) which were issued for the corresponding applications relied upon by the foreign patent office;
No. At least one good / service will validate the use of the entire class. However, the proprietor needs to prove the use for each class in case of multi-class application.
No. Applicant can prove the use of the mark anytime within three years from the filing date of the application.
Is it necessary to have physical presence/outlet in Philippines in order to fulfil the ‘use’ requirement?
In the absence of a physical local presence/outlet, online use is acceptable provided that consumers from the Philippines can avail the goods / services from the website. Applicant can submit website address in lieu of physical outlet and submit relevant website print-outs bearing the mark as proofs of use.