Philippines Patent Filing Guide | Process, Fees & Renewal

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Patents – Reference Guide + Fee Schedule (Philippines)

Patents – Reference Guide + Fee Schedule (Philippines)

PCT National Phase Entry

Deadlines: 30 months from the earliest priority date or international filing date, extendable by one month with late entry fee (50% of filing fee).

Documents: National Phase Entry Application Form (recommended), English translation or English copy of the international application, and copies of Art. 19/34 amendments if applicable; Power of Attorney if not resident; assignment and inventor info if not yet furnished; sequence listing if applicable.

Priority Document: Must be filed at WIPO within 16 months of the priority date; if not, must be filed with Philippine Patent Office within six months from national entry with extension fee and surcharge.

Conventional Priority Entry

Deadlines: Within 12 months from the earliest priority (basic application) date. No extension possible.

Documents: Request/petition for grant, applicant and inventor details, Specification (title, abstract, description, at least one claim, and drawings if needed) in English or Filipino.

Priority Document: A Certified copy of the foreign (priority) application plus English translation (if not in English) due within six months from Philippine filing, with possible extension up to a total of 6 months on good cause and fee.

Utility or Simple Patent 

Deadlines: 12 months from the earliest foreign filing to claim priority in the Philippines.

Documents: Request for Registration of a Utility Model, description, drawings if any, at least one claim, abstract; if claiming priority, then priority details at filing and followed by submission of certified copy and translation.

Priority Document: A Certified copy and English translation within six months from Philippine filing for UM priority claims. No extension available.

Other Requirements

Languages: Patent applications must be filed in English or Filipino.

Power of Attorney: A Power of Attorney is required if the applicant is not resident and within 1 month.

Declaration of Inventorship/Assignment Deed: Declaration of inventorship information forms part of the filing content. assignment of rights to the applicant (if applicant is not the inventor) should be recorded using the Assignment of Application.

Family Patent Information: No such requirement.

Substantive Examination Request: Require a request for substantive examination and fee. Must be filed within 6 months from national entry. Acceleration is possible via PPH/ASPEC if eligible.

Patent Validity: Patent term is 20 years from the filing date in Philippines.

Annual Maintenance: First annual fee is due upon expiration of 4 years from the publication date of the application in the E-Gazette. For PCT national-phase cases, from the international publication date. Subsequent annual fees due on each anniversary of the publication date; payment can be made within 3 months before due date.

Working Statement: Does not require working statement.

Reference Guide                                                    Patents The Process

Step 1: FilingThere are various types of applications: direct (Paris?Convention) invention application, PCT national phase, and divisional applications carved out from restriction requirements, and simple patent filing. Voluminous applications exceeding 250 pages may be filed manually; otherwise filings are electronic
Step 2: Publication18 months from the filing or priority date.

Step 3: Request for Examination

Standard substantive examination within 6 months; acceleration is available through programs such as PPH/ASPEC after publication.

Step 4: Response to Examination

Two months from mailing date of an office action to respond with only one 2?month extension is available.

Step 5: Hearings (if any)

Examiner interviews and formal hearings in prosecution after final objections; hearings may be set on request or by the Office. Post?hearing written submissions must be filed within the period specified by the Office
Step 6: DecisionGrant proceeds after compliance with any final formalities (e.g., payment of grant/issuance and publication fees) and the patent takes effect upon Gazette publication. If refused, remedies include appeal within 2 months from the decision date.
Step 7: RenewalFirst annual fee due upon expiration of 4 years from the international publication date (PCT) or national publication date (direct). Fee due annually on each anniversary. Payment can be made within three months before due and a six?month grace period with surcharge is available after each due date. Lapsed patent may be reinstated within two years from the date the first unpaid annual fee

Fee Schedule (PHILIPPINES)                          Patents                       

PARTICULARS OFFICIAL FEE (USD)Professional Fee (USD)
Filing fee (covering first 5 claims)95640
Per claim in excess of five (5) claims (for invention and utility model)8N/A
Per sheet in excess of 30 sheets1N/A

First publication fee (design, invention & utility model (Direct Route/Paris Convention)

2060
Filing of Request for PPH/ASPECN/A90
Request for Substantive Examination92370 (waived if made at filing)
Response to Office ActionN/A610
Obtaining and Forwarding Letters Patent Certificate/Certificate of Registration25460
Annual Fee 5th year71120
Annual Fee 6th year95120
Annual Fee 7th year119120
Annual Fee 8th year143120
Annual Fee 9th year192120
Annual Fee 10th year240120
Annual Fee 11th year310120
Annual Fee 12th year386120
Annual Fee 13th year456120
Annual Fee 14th year547120
Annual Fee 15th year652120
Annual Fee 16th year747120
Annual Fee 17th year844120
Annual Fee 18th year1013120
Annual Fee 19th year1218120
Annual Fee 20th year1460120


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CHAPTER V - OPPOSITION PROCEEDINGS TO GRANT OF PATENTS

The Indian Patents Act, 1970 provides a robust opposition framework that allows third parties to challenge patent applications and granted patents to ensure only valid inventions receive protection. Section 25 establishes two forms of opposition—pre-grant opposition, which may be filed by any person before a patent is granted, and post-grant opposition, which can be filed by an interested person within one year of grant. These proceedings help prevent wrongful patent monopolies, encourage transparency, and safeguard public interest by scrutinizing novelty, inventive step, patentability, disclosure requirements, and compliance with statutory obligations. The opposition system plays a critical role in maintaining the integrity and quality of the Indian patent regime.

CHAPTER VI - Anticipation

Anticipation is a fundamental concept in patent law that determines whether an invention is truly novel and eligible for patent protection. Under the Indian Patents Act, 1970, an invention may be anticipated if it has been publicly disclosed, published, claimed, or used before the filing or priority date of the patent application. However, Sections 29 to 34 provide important exceptions for disclosures made without the inventor's consent, government testing, scientific exhibitions, public trials, and provisional applications. These provisions help protect genuine inventors from losing patent rights due to unavoidable or permitted disclosures while maintaining the novelty requirements of the patent system.

CHAPTER IV - PUBLICATION, AND EXAMINATION OF APPLICATION

The Indian Patents Act, 1970 establishes a structured framework for the publication and examination of patent applications to ensure only novel and inventive technologies receive patent protection. Sections 11A to 21 govern important aspects such as publication of applications, Request for Examination (RFE), prior art searches, examination reports, divisional applications, and substitution of applicants. Recent amendments have shortened examination timelines and introduced expedited procedures for eligible applicants. Understanding these provisions is essential for inventors, startups, and businesses seeking efficient patent prosecution and successful patent grants in India.

CHAPTER XII - SURRENDER AND REVOCATION OF PATENTS

The Indian Patents Act, 1970 provides comprehensive mechanisms for surrender and revocation of patents to ensure that only valid, lawful, and socially beneficial inventions enjoy patent protection. Sections 64 to 66 outline various grounds for revocation, including lack of novelty, non-patentable subject matter, wrongful obtaining, insufficient disclosure, non-working of patents, and violations of secrecy provisions. The Act also permits post-grant opposition, compulsory licensing-related revocation, and government-led revocation in matters affecting public interest or national security. These provisions act as important safeguards against abuse of patent rights while maintaining a fair balance between innovation, competition, and public welfare.

CHAPTER XVI - WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION

The Indian Patents Act, 1970 ensures that patents serve not only private interests but also the public good. Under Sections 83 to 94, patentees are expected to commercially work their inventions in India and make patented products reasonably accessible to the public. Where patented inventions are not adequately worked, are unaffordable, or fail to meet public demand, the law permits compulsory licensing. The Act also empowers the Controller to modify, terminate, or revoke patent rights in certain circumstances while balancing the interests of inventors, businesses, and society. These provisions are particularly significant in sectors such as pharmaceuticals, healthcare, and essential technologies, where public access is a key policy objective.

Chapter XVIII - Suits Concerning Infringement of Patent

Patent rights are meaningful only when they can be effectively enforced. The Indian Patents Act, 1970 provides a comprehensive legal framework for patent infringement actions, enabling patentees, exclusive licensees, and compulsory licensees to protect their inventions against unauthorized use. The Act outlines the jurisdiction of courts, available remedies such as injunctions, damages, and account of profits, as well as procedural safeguards including burden of proof provisions for process patents. It also recognizes important exceptions such as the Bolar exemption, parallel imports, good-faith infringement, and declaratory actions for non-infringement. Through judicial precedents and statutory protections, the Act balances the rights of patent owners with the interests of businesses, innovators, and the public.

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