COUNTRY : REPUBLIC OF PHILIPPNES
CAPITAL : MANILA
LANGUAGE : FILIPINO & ENGLISH
The Philippnes Inntelectual Property office is known as the Intellectual Property Office of Philippnes (IPOPHL)
• Paris Convention for the protection of industrial property
• Patent Co-operation Treaty – PCT.
• Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the purposes of Patent Procedure.
FILING WITH PATENT OFFICE – 12 Months
REQUEST FOR EXAMINATION – Within 6 month from the date of direction
COMPLIANCE OF OFFICE ACTION –
ANY OTHER COMPLIANCE –
IP LAWS IN PHILIPPINES
Philippines follows a combination of Common Law & Civil Law system.
Patents in the Philippines are governed bythe IP code of 1998by the Republic Act No. 8293 and are granted by the Philippines Intellectual Property Office.
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
• Are New or Novel
• Involve an inventive step
• Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of the patent application.
(ii). Inventive Step: An invention is said to contain an inventive step if for ‘a man skilled in the art it does not yield results in an obvious way from the state of the art’.
(iii). Industrial Application: of the invention would be ‘when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture’.
Inventions pertaining to the following:
• Discoveries, Scientific Theories & Mathematical methods.
• Aesthetic creations.
• Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
• Programmes for Computers.
• Inventions contrary to public order & morals.
• Methods of treatment by surgery or therapy on humans and animals.
• Prejudicial to the Interests or Security of the Nation.
(i). Name & Address of the applicant.
(ii). Name & Address of the Inventor.
(iii). Specification comprising a description claims & drawings if any.
(iv). Priority Data if any.
(v). Background of the Invention.
(vi). Abstract of the Disclosure.
(vii). Summary of the Invention.
(viii). Detailed description.
(x) Request for the grant of the patent.