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Application for Invention Patent Formality Examination

The application for a grant of Philippine Patent (for Invention) must be filed Upon receipt of the application, the examiner checks if the application
with the Bureau of Patents (BOP) of the Intellectual Property Office (IPO) satisfies the formal requirements needed for the grant of a filing date. The date
through the Receiving Section/Counter of the Administrative, Financial and of filing is very important under the present “first-to-file” system because it
Human Resource Development Services Bureau (AFHRDSB) located at the serves to determine, in case of a dispute with another applicant for the same
ground floor of the IPO Building. To obtain a filing date, the following has to be invention, who has the right to the patent.
submitted:
a) Properly filled-out Request Form for a Grant of Philippine Patent;
b) Name, address and signature of applicant(s); for non-resident
applicant, the name and address of his/her/their resident agent; and
c) Description of the invention and one or more claims.

It is advised that any drawing/s necessary to understand the subject Search


invention should be submitted at the time of filing so that there would not be a
possible change in filing date due to late submission/filing of said drawing/s .
(Rule 602 of the IRR)The other formal requirements, which are not needed to
obtain a filing date, but maybe included at the time of filing are:
a) A filing fee (for big or small entities) which maybe paid during
application filing or within one month from the date of filing. The
application shall be deemed automatically cancelled/withdrawn in case A
of non-payment of such fees;
b) Drawing(s) necessary to understand the invention;
c) An abstract; and
d) If the priority of an earlier filed application is being claimed, the details
of the claim, i.e. filing date, file number and country of origin.
A

Publication of Unexamined
Request for Substantive Examination
Application in the IPO Gazette Substantive examination is conducted
upon request.
The request for substantive examination of the application must be
Publication of Unexamined Application After the formality filed within six (6) months from the date of the publication. The application is
examination, search and the classification of the field of technology to which considered withdrawn if no request is made within that period. If the examiner
the invention is assigned, the application together with the results of the search finds reason to refuse the registration of the application, i.e. the application is
(which contains a list of published patent applications or issued patents for not new, inventive or industrially applicable, the Bureau shall notify the
inventions, which are identical or equivalent to those claimed by the applicant of the reason for refusal/rejection giving the applicant the chance to
application), will be published in the IPO Gazette (after the expiration of 18 defend or amend the application.
months from the filing date or priority date). After the publication of the
application, any person may present observations in writing concerning the
patentability of the invention. Such observation shall be communicated to the
applicant who may comment on them.

Granted
Substantive
B Examination

Refused

C
B

Decision to Grant a Patent

If the examiner finds no reason for refusal of the application, or if the


notice of reason for refusal is satisfactorily complied with by amendment or
correction, the examiner issues a decision to grant the patent registration.
Otherwise, the examiner refuses the application.

Publication of Patent in the IPO


Gazette

Issuance of Patent Certification

End
C

Applicant is notified for reason of


refusal

If the examiner finds no reason for refusal of the application, or if the


notice of reason for refusal is satisfactorily complied with by amendment or
correction, the examiner issues a decision to grant the patent registration.
Otherwise, the examiner refuses the application.

Opinion Rejected Final Refusal by Examiner


and/or
Amendment

Granted

Granted Appeal to Rejected


1 Director of D
Patents
D Rejected

Final Refusal by Director Court of


Granted
1
Appeals

Rejected

Appeal to Granted
Director 1 Refusal
General

Final Refusal Appeal to Granted


Supreme 1
Court

Refusal