< Back to all publications

Philippines – Amendments to Annual Fee Due Dates for Divisional Patent Applications

In the early part of 2014, the Intellectual Property Office of the Philippines (IPOPHL) issued Memorandum Circular Nos. 14-002 and 14-003 amending the reckoning date of the annual fee due dates for divisional applications (filed via direct route or PCT) to achieve a uniform procedure in the payment of annual fees for patent applications. The amendments synchronize the annual fee due dates of both the parent application and its divisional application effective 3 March 2015, one year after the issuance date of Circular 14-002.

Under the current practice, the reckoning date for the annual fee of divisional patent applications is the publication date of the divisional application in the IPOPHL e-Gazette regardless of whether the divisional application is derived from a direct route patent application or from an international patent application. Starting 3 March 2015, however, annual fees for divisional applications shall be reckoned from the publication date of the parent application. Hence, for divisional applications derived from an international patent application, the annual fee due date shall be based on the international publication date of the parent application while for direct route divisional applications, the annual fee due date shall be reckoned from the publication date of the parent application in the IPOPHL e-Gazette. If the divisional application was filed more than four (4) years after the publication date of the parent application, payment of annual fees for the divisional application shall commence on the following year from the last year paid in the parent application, and on each subsequent anniversary of such date. The tables below illustrate these changes.

                                                            Direct Route Patent Application

Particulars

Parent Patent Application

Divisional Patent Application

Philippines Filing Date

5 January 2010

12 January   2014

Publication Date in the IPOPHL e-Gazette

10 December   2012

Not yet published

ANNUAL FEES

1st

10 December   2016

1st

10 December   2016

2nd

10 December   2017

2nd

10 December   2017

3rd

10 December   2018

3rd

10 December   2018

4th

10 December   2019

4th

10 December   2019

5th

10 December   2020

5th

10 December   2020

6th

10 December   2021

6th

10 December   2021

7th

10 December   2022

7th

10 December   2022

8th

10 December   2023

8th

10 December   2023

9th

10 December   2024

9th

10 December   2024

10th

10 December   2025

10th

10 December   2025

11th

10 December   2026

11th

10 December   2026

12th

10 December   2027

12th

10 December   2027

13th

10 December   2028

13th

10 December   2028

14th

10 December   2029

14th

10 December   2029

 

 

                                                

                                                                 PCT National Phase Application

Particulars

Parent Patent Application

Divisional Patent Application

International Filing Date

10 August   2010

National Phase Entry Date

5 January 2012

20 November   2013

International Publication Date

10 February 2011

Publication Date in the

IPOPHL e-Gazette

20 April 2014

ANNUAL FEES

1st

10 February 2015

No annual fee due yet

2nd

10 February 2016

1st

10 February   2016

3rd

10 February   2017

2nd

10 February   2017

4th

10 February   2018

3rd

10 February   2018

5th

10 February   2019

4th

10 February   2019

6th

10 February   2020

5th

10 February   2020

7th

10 February   2021

6th

10 February   2021

8th

10 February 2022

7th

10 February   2022

9th

10 February   2023

8th

10 February   2023

10th

10 February   2024

9th

10 February   2024

11th

10 February   2025

10th

10 February   2025

12th

10 February   2026

11th

10 February   2026

13th

10 February   2027

12th

10 February   2027

14th

10 February   2028

13th

10 February   2028

15th

10 February   2029

14th

10 February   2029

16th

10 February   2030

15th

10 February   2030

Leave a Reply

Your email address will not be published. Required fields are marked *