Invention Patent Application

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FRIAS FRIAS and ASSOCIATES LAW OFFICE

attorneys-at-law
___________________________________________________________________________________________________________________________

Unit E, No. 31, Aguirre Ave., BF Homes, Paranaque City, Philippines


Tel. No.: (632) 659.3252

PATENT REGISTRATION
PROCESS:

Average processing time: 3 years and 9 months

1. Application for Grant of Philippine Patent


a. Filing Fee
i. Small Entity – Php2,000.00
ii. Big Entity – Php4,320.00
b. If application is complete – an acknowledgement letter shall be
issued and shall include the:
i. Application number
ii. Filing date
iii. Name of Applicant
iv. Title of Invention
v. Filing fees to be paid (Statement of Account)

2. Formality Examination of Applications


a. After the filing the patent application, the application will be
forwarded to the Bureau assigned to the respective examining
division
b. Considerations in formality examination:
i. The payment of fees that have not been paid during the
filing of the application
ii. Completeness and accuracy of contents of the request of a
grant of patent
c. For applications based on a foreign application, the examiner will
check the following:
i. If the country of origin allows similar privileges to Filipino
citizens
ii. If the local application expressly claims priority or multiple
priority
iii. If the application was filed within 12 months from the date
of the earliest foreign application
iv. If application number, filing date and country of origin of
the foreign application correspond to the information in the
request form
v. If disclosure of foreign application corresponds to the
Philippine application
vi. If fees have been fully paid
vii. Submission of abstract if not submitted during filing of
application
3. Prior Art Search
a. Examiner shall search for prior art as disclosed in patents and
other published documents
b. The Search Report shall be prepared before the publication of the
application, preferably at the 16 th month from the date of filing
and shall be published together with the application after the
expiration of 18 months from the filing date

4. Publication
a. Philippine patent application published 18 months after filing

5. Substantive Examination
a. Conducted to determine whether a patent application meets the
requirement of patentability provided by the Intellectual Property
Code
b. A written request for substantive examination filed within 6
months from the date of publication

6. Decision to grant patent registration or decision of refusal


a. 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

7. Publication of grant of patent registration


a. The grant of patent application must be published in the
Intellectual Property Office gazette within 6 months from grant of
patent registration

SCHEDULE OF FEES

Pre-Examination

Filing fee - Invention 2,000.00 4,320.00

For each sheet in excess of thirty (30) 18.00 36.00

Sequence listings for INV in excess of 4000 pages 0.60 2.40

For each claim in excess of five (5) 180.00 360.00

Request for right of priority per priority claim 1,000.00 2,160.00

Request for extension of time to file priority documents 740.00 1,560.00

Early Publication: Request for Publication before


6,600.00 6,600.00
the expiration of 18 months from filing date or priority date

Publication Fee 920.00 960.00


Examination

Request for extension of time to file Response - first 360.00 720.00

Request for extension of time to file Response - second 390.00 780.00

2,010.0
Substantive Examination 4,200.00
0

2,500.0
Early Substantive Examination 5,000.00
0

Revival Fee 570.00 1,200.00

Revival Fee for Non-Payment of the Request for Substantive


920.00 960.00
Examination Fee

Request for Accelerated Substantive Examination⁴ 500.00 1,000.00

6,600.0 13,320.0
Accelerated Substantive Examination Fee
0 0

Type of Fee Small Entity Big Entity

Post-Examination

Issuance of Letters Patent certificate (Invention) 600.00 1,200.00

Amendment or correction in the Certificate of Patent 300.00 600.00

Any amendment or any correction of mistake in the


Certificate of Patent of formal and clerical nature 360.00 720.00
without fault of Office

Any amendment or any correction in the


860.00 1,800.00
Certificate of Patent of substantive nature

1st Assignment of application from small to big


5,500.00 plus publication fee
entity

1st Assignment of issued patent from small to big


7,200.00 plus publication fee
entity 

350.00 plus 700.00 plus


Any other Assignment or document affecting title publication publication
fee fee

2nd Publication Fee 920.00 960.00

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