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.
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 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;
A registered trademark is valid and in force for a period of ten (10) years, and may be renewed at every ten (10) year interval. However, mark owners are required to submit a declaration of actual use (with supporting evidence) to demonstrate that the mark has been put to genuine use. Failure to comply with the requirement will result in the withdrawal of the registered mark. The declaration of actual use is due to be filed within:
However, if the trademark owner is unable to satisfy the declaration of actual use requirement on the basis of non-use of the mark, the Registry then permits the filing of a declaration of non-use of the mark to maintain registration. The declaration of non-use may be filed if the following conditions are satisfied:
We generally recommend that colour not be claimed in a trademark, thus allowing the owner to use the trademark in the future in any combination of colours they see fit. However, if the colour or colours included in the trademark are the central, predominant and recognisable feature (more so than the design itself), claiming colour is recommended.
If the applicant wishes to file multiple trademark applications in the Philippines, how many Power of Attorneys are required?
Only one Power of Attorney is required per applicant and the same can be used for multiple trademark applications.
We would require an executed Power of Attorney (no notarization or legalization required) at the time of filing the application. We may proceed with a scanned copy of the same, on the understanding that the original will be provided as soon as possible (preferably within 3 months).