처리 중

기다려 주십시오...

WIPO - PCT Applicant's Guide PH - 필리핀
필리핀 지식재산청

    [MT] 유용한 정보

    [MT] PCT 신청자 가이드는 국제사무국 에서 수신한 정보를 바탕으로 거의 매주 업데이트됩니다.
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    [MT] 이 문서에서 사용되는 약어 목록 :
    Office: Intellectual Property Office of the Philippines
    IP Code: Republic Act No 8293 otherwise known as the Intellectual Property Code of the Philippines
    PRo-PCT: Philippine Rules on PCT Applications
    Regulations: The Revised Implementing Rules and Regulations for Patents, Utility Models and Industrial Designs (as in force from 16 March 2012)
    IPO Fee Structure: Rules and Regulations Establishing the Fee Structure of the IPO
    [MT] 이 문서에서 사용되는 통화 목록 :
    CHF (스위스 프랑), EUR (유로), PHP (필리핀 페소), USD (미국 달러)
    [MT] 국가 및 사무소 정보 :
    The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
    Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
    Also refer to PCT Contracting States formerly Annex A.
    [MT] 사무실 프로필
    For more technical information about the Office, refer to ePCT Office profile.
    [MT] PCT 예약, 선언, 통지 및 불호환성
    Rule 26bis.3(j),
    Rule 49.6(f),
    Rule 49ter.1(g),
    Rule 49ter.2(h)

    Refer to the full list.
    [MT] 사무실 폐쇄 날짜
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    [MT] 국제 단계

    [MT] 첨부 B - 계약국 또는 정부간 기구에 관한 정보

    [MT] 계약국 :
    필리핀
    [MT] 두 글자 코드 :
    PH
    [MT] 사무실 이름 :
    필리핀 지식재산청
    [MT] 위치 :
    G/F, 2/F, 14/F, 16/F Intellectual Property Center
    #28 Upper McKinley Road
    McKinley Hill Town Center
    Fort Bonifacio
    Taguig City
    1634 Philippines
    [MT] 우편 주소 :
    Same as above
    [MT] 전화 :
    (632) 7238 63 00
    [MT] 메일 :
    pct@ipophil.gov.ph
    mail@ipophil.gov.ph
    [MT] 웹사이트 :
    [MT] 팩스 :
    (632) 8856 92 93
    [MT] 사무소는 팩스 또는 이와 유사한 수단을 통해 문서를 제출하는 것을 허용합니까 (PCT 규칙 92.4 )?
    아니요
    [MT] 우편 당국 이외의 배달 서비스가 사용되는 경우, 분실 또는 지연의 경우, 사무소는 문서를 우편으로 보낸 증거를 받아들일까요 (PCT 규칙 82.1 )?
    아니요
    [MT] 사무소는 출원자가 우선권 문서에 대한 WIPO 디지털 액세스 서비스 (DAS) (PCT 규칙 17.1 (b - bis ) )에 출원을 제공할 수 있도록 준비하고 있습니까?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    아니요
    [MT] 국가의 국민 또는 거주자에 의해 제출 된 국제 출원에 대한 권한 수신 사무소 (s) :
    IB,
    PH
    [MT] 국가법률이 외국 특허청에 국제출원을 제한하는가?
    Refer to the Office
    [MT] 지정 된 권한 ( 또는 선출 ) 사무실 ( 이 국가 ) :
    Refer to corresponding National Phase.
    PH
    [MT] PCT를 통해 사용할 수 있는 보호 유형 :
    Patents,
    Utility models (a utility model may be sought instead of a patent)
    [MT] 사무실에서 허용하는 결제 방법 :
    Over The Counter - Applicants are advised to go to the Office as no e-payment methods for the International Applications are available as of the moment.
    Bank Transfer - For those from far away provinces, especially R&D and education institutions, that request if they can do the payments bank-to-bank. Permission if first asked from the cashier/finance section.
    [MT] 국제 유형 검색에 대한 국가법에 따른 가용성 (PCT 제15조) :
    None
    [MT] 국제 발표 이후 임시 보호 :
    In accordance with PCT Article 29(1), as far as the protection of any rights of the applicant under Section 46 of the IP Code is concerned, the international publication in English of an international application shall have the same effect as a publication in the IPO Gazette (under Section 44 of the IP Code and its implementing rules and regulations), provided that notice of the international publication and copy of the international application have been transmitted, pursuant to Section 46.2 of the IP Code, by the applicant to the actual unauthorized user of the invention claimed in the international application.
    If the language in which the international publication has been effected is a language other than English, the protection of any rights of the applicant under Section 46 of the IP Code shall be applicable only from such time as a translation into English has been published in the IPO Gazette (under Section 44 of the IP Code and its implementing rules and regulations), and such translation into English has been transmitted, pursuant to Section 46.2 of the IP Code, by the applicant to the actual unauthorized user of the invention claimed in the international application.
    Where the international publication has been effected, on the request of the applicant, before the expiration of 18 months from the priority date, the rights provided for under Section 46 of the IP Code shall be applicable only from the expiration of 18 months from the priority date subject to the conditions mentioned in the preceding paragraphs.
    [MT] 이 계약국이 지정되거나 선출된 경우 관심 정보
    [MT] 발명자의 이름과 주소를 명시해야 하는 시기 :
    May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
    [MT] 미생물 및 기타 생물학적 물질의 보관에 관한 특별한 규정이 있습니까?
    Yes, refer to Annex L.

    [MT] 부록 C - 수신 사무소

    [MT] 국민 및 거주자를위한 권한 수신 사무소 :
    필리핀
    [MT] 국제출원을 할 수 있는 언어 :
    If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3).
    English,
    Filipino
    [MT] 언어 - 순서 목록에서 의존적인 자유 텍스트에 대한 허용 언어 :
    English or Filipino; or both
    [MT] 종이로 신청한 경우 수신 사무소가 요구하는 사본 수 :
    1
    [MT] 수신국은 전자 형식으로 국제출원을 제출하는 것을 허용합니까?
    For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 7 January 2016, pages 2 et seq. and 11 May 2023, pages 110 et seq.
    Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).
    Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.
    Yes, the Office accepts electronic filing via ePCT-Filing
    [MT] 수신 사무소는 변환 전 문서의 제출을 허용합니까? 그렇다면 어떤 형식으로 허용합니까? (PCT 관리 지침의 706조)
    Yes, any format
    [MT] 수신국은 참조에 의한 통합을 허용합니까 (PCT 규칙 20.6 )?
    Yes. Matters not initially included in the International Application may be checked with the Priority Claim, assuming that the IA has a priority claim. If there is no Priority Claim, additions may still be submitted as long as they can be proven that the additions were inadvertently omitted upon scanning/uploading.
    [MT] 수령국은 비공식적으로 컬러 도면의 제출을 받아들여 국제사무국 으로 전송합니까?
    아니요
    [MT] 수신 사무소는 우선권 복구 요청을 수락합니까 (PCT 규칙 26bis.3 )?
    아니요
    [MT] 국제조사관할기관 :
    AU,
    EP,
    JP,
    KR,
    PH,
    US
    [MT] 국제 예비심사기관 :
    AU,
    KR,
    PH

    EP,
    JP,
    US

    The Office is competent only if the international search is or has been carried out by that Office.
    Fees payable to the RO:
    [MT] 전송료 :
    4,200 PHP
    [MT] 국제출원 수수료 :
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    1,456 USD
    [MT] 30장 이상 시트당 요금 :
    16 USD
    [MT] 감소 ( 수수료의 일정 아래, 항목 4) :
    [MT] 전자 제출 ( 문자 코드 형식으로 요청 ) :
    219 USD
    [MT] 전자 제출 ( 요청, 설명, 문자 코드 형식의 주장 및 개요) :
    328 USD
    [MT] 검색 수수료 :
    Fee payable in USD
    Refer to
    Annex D(AU)
    Annex D(EP)
    Annex D(JP)
    Annex D(KR)
    Annex D(PH)
    Annex D(US)
    [MT] 우선권 문서 수수료 ( PCT 규칙 17.1 (b) ) :
    2,700 PHP
    [MT] 수신 사무소에서 대리인이 필요합니까?
    No, if the applicant resides in the Philippines
    Yes, if the applicant is a non-resident
    [MT] 누가 대리인으로 행동할 수 있을까요?
    Any patent agent or representative residing in the Philippines upon whom notices or processes for judicial or administrative procedure may be served
    [MT] 변호사의 권한 포기 :
    Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph IP 11.048).
    [MT] 사무실은 별도의 변호사의 위임을 제출해야하는 요구 사항을 포기 했습니까?
    [MT] 별도의 대리인이 필요한 특정한 경우 :
    Where the Office receives a notice or communication from a sub-agent appointed by the agent; or from a new agent appointed by the common representative; or the Office receives a notice or communication from an agent or common representative who is appointed by the applicant in replacement of the agent or common representative previously appointed by the applicant; or the Office receives a notice or communication from an agent or a common representative submitting the names of additional applicants not named in the request form.
    [MT] 사무실은 제출 될 일반 변호사의 위임장의 사본이 필요성을 포기 했습니까?
    [MT] 일반 위임장 사본이 필요한 특정 사례 :
    Where the Office receives a notice or communication from a sub-agent appointed by the agent; or from a new agent appointed by the common representative; or the Office receives a notice or communication from an agent or common representative who is appointed by the applicant in replacement of the agent or common representative previously appointed by the applicant; or the Office receives a notice or communication from an agent or a common representative submitting the names of additional applicants not named in the request form.

    [MT] 부록 D - 국제조사기관

    [MT] 다음 수령국에 대한 국제조사기관 :
    PH,
    WS

    US
    The Intellectual Property Office of the Philippines is competent provided that it has not received more than 75 international applications in English from the USPTO during any fiscal quarter.
    Fees payable to the ISA:
    [MT] 검색 수수료 (PCT 규칙 16) :
    This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.
    513 CHF
    547 EUR
    600 USD
    The amounts below apply where the applicant is a small entity which refers to any natural or juridical person whose assets are worth not more than one hundred million pesos (P100M); or any entity, agency, office, bureau or unit of the Philippine government including government-owned or controlled corporations, state universities and colleges and government-owned or government-run schools.
    171 CHF
    182 EUR
    200 USD
    [MT] 추가 조사 수수료 (PCT 규칙 40.2 ):
    This fee is payable to the International Searching Authority and only in particular circumstances.
    600 USD
    The amounts below apply where the applicant is a small entity which refers to any natural or juridical person whose assets are worth not more than one hundred million pesos (P100M); or any entity, agency, office, bureau or unit of the Philippine government including government-owned or controlled corporations, state universities and colleges and government-owned or government-run schools.
    200 USD
    [MT] 국제조사보고서에 인용된 문서 사본에 대한 수수료 (PCT 규칙 44.3 ):
    per document 20 USD
    The amounts below apply where the applicant is a small entity which refers to any natural or juridical person whose assets are worth not more than one hundred million pesos (P100M); or any entity, agency, office, bureau or unit of the Philippine government including government-owned or controlled corporations, state universities and colleges and government-owned or government-run schools.
    per document 10 USD
    [MT] 사본을 얻는 방법 :
    The Authority provides applicants with a copy of cited documents in electronic form, free of charge, when transmitting the international search report by e-mail. No copies are provided when the international search report is sent by mail
    Copies are available upon request, free of charge, for designated (elected) Offices, by e-mail at:
    pct@ipophil.gov.ph
    Applicants will be charged the fee mentioned below
    [MT] 국제출원의 파일에 포함된 문서 사본에 대한 수수료 (PCT 규칙 94.1ter ):
    per document 20 USD
    The amounts below apply where the applicant is a small entity which refers to any natural or juridical person whose assets are worth not more than one hundred million pesos (P100M); or any entity, agency, office, bureau or unit of the Philippine government including government-owned or controlled corporations, state universities and colleges and government-owned or government-run schools.
    per document 10 USD
    [MT] 항소 수수료 (PCT 규칙 40.2(e) ):
    400 USD
    The amounts below apply where the applicant is a small entity which refers to any natural or juridical person whose assets are worth not more than one hundred million pesos (P100M); or any entity, agency, office, bureau or unit of the Philippine government including government-owned or controlled corporations, state universities and colleges and government-owned or government-run schools.
    200 USD
    [MT] 늦은 준비 수수료 (PCT 규칙 13ter.1 (c) ):
    200 USD
    The amounts below apply where the applicant is a small entity which refers to any natural or juridical person whose assets are worth not more than one hundred million pesos (P100M); or any entity, agency, office, bureau or unit of the Philippine government including government-owned or controlled corporations, state universities and colleges and government-owned or government-run schools.
    100 USD
    [MT] 검색 수수료 환불 조건 및 환불 금액 :
    Money paid by mistake, without cause, or in excess, will be refunded
    Where the international application is withdrawn or is considered withdrawn, under PCT Article 14(1), (3) or (4), before the start of the international search:
    refund of 100%
    Where the Authority benefits from an earlier search already made by the Authority, depending on the extent to which the Authority benefits from that earlier search:
    refund of 50%
    [MT] 국제 검색에 사용되는 언어 :
    English
    [MT] 국제출원이 이미 본 기관에서 검색한 이전 출원의 우선권을 주장하는 경우, 기관은 이전 검색 결과에 대한 비공식적인 의견을 받아들일 수 있습니까?
    아니요
    [MT] 뉴클레오타이드 및/또는 아미노산 순서 목록을 제공하기 위해 허용되는 물리적 매체의 유형 :
    CD-R,
    DVD-R
    [MT] 검색되지 않을 주제 :
    The subject matter specified in items (i) to (vi) of PCT Rule 39.1, with the exception of any subject matter searched under the patent grant procedure in accordance with the provisions of national patent law of the Philippines
    [MT] 변호사의 권한 포기 :
    Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph IP 11.048).
    [MT] 독립적인 변호사의 권한대행서를 제출해야 한다는 요구사항을 폐지했습니까?
    [MT] 별도의 대리인이 필요한 특정한 경우 :
    Where the Office receives a notice or communication from a sub-agent appointed by the agent; or from a new agent appointed by the common representative; or the Office receives a notice or communication from an agent or common representative who is appointed by the applicant in replacement of the agent or common representative previously appointed by the applicant; or the Office receives a notice or communication from an agent or a common representative submitting the names of additional applicants not named in the request form.
    [MT] 권한은 변호사의 일반적인 위임장의 사본을 제출해야한다는 요구 사항을 포기했습니까?
    [MT] 일반 위임장 사본이 필요한 특정 사례 :
    Where the Office receives a notice or communication from a sub-agent appointed by the agent; or from a new agent appointed by the common representative; or the Office receives a notice or communication from an agent or common representative who is appointed by the applicant in replacement of the agent or common representative previously appointed by the applicant; or the Office receives a notice or communication from an agent or a common representative submitting the names of additional applicants not named in the request form.

    Annex E - International Preliminary Examining Authority

    [MT] 다음 수령국에 대한 국제 예비심사기관 :
    PH,
    WS

    US
    The Intellectual Property Office of the Philippines may act as International Preliminary Examining Authority only if the international search is or has been carried out by it.
    Fees payable to the IPEA:
    [MT] 예비심사 수수료 (PCT 규칙 58) :
    This fee is payable to the International Preliminary Examining Authority.
    300 USD
    The amount below applies where the applicant is a small entity which refers to any natural or juridical person whose assets are worth not more than one hundred million pesos (P100M); or any entity, agency, office, bureau or unit of the Philippine government including government-owned or controlled corporations, state universities and colleges and government-owned or government-run schools.
    150 USD
    [MT] 추가 예비심사 수수료 (PCT 규칙 68.3 ):
    This fee is payable to the International Preliminary Examining Authority and only in particular circumstances.
    400 USD
    The amount below applies where the applicant is a small entity which refers to any natural or juridical person whose assets are worth not more than one hundred million pesos (P100M); or any entity, agency, office, bureau or unit of the Philippine government including government-owned or controlled corporations, state universities and colleges and government-owned or government-run schools.
    200 USD
    [MT] 처리 수수료 (PCT 규칙 57.1 ):
    This fee is payable to the International Preliminary Examining Authority. It is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    219 USD
    [MT] 국제 예비심사보고서에 인용된 문서 사본에 대한 수수료 (PCT 규칙 71.2 ):
    per document 20 USD
    The amount below applies where the applicant is a small entity which refers to any natural or juridical person whose assets are worth not more than one hundred million pesos (P100M); or any entity, agency, office, bureau or unit of the Philippine government including government-owned or controlled corporations, state universities and colleges and government-owned or government-run schools.
    per document 10 USD
    [MT] 사본을 얻는 방법 :
    The Authority provides applicants with a copy of cited documents in electronic form, free of charge, when transmitting the international preliminary examination report by e-mail. No copies are provided when the international preliminary examination report is sent by mail
    Copies are available, free of charge, for elected Offices, upon request by e-mail at:
    pct@ipophil.gov.ph
    Applicants will be charged the fee mentioned above
    [MT] 국제출원의 파일에 포함된 문서 사본에 대한 수수료 ( PCT 규칙 94.2 ) :
    per document 20 USD
    The amount below applies where the applicant is a small entity which refers to any natural or juridical person whose assets are worth not more than one hundred million pesos (P100M); or any entity, agency, office, bureau or unit of the Philippine government including government-owned or controlled corporations, state universities and colleges and government-owned or government-run schools.
    per document 10 USD
    [MT] 항소 수수료 (PCT 규칙 68.3(e) ):
    400 USD
    The amount below applies where the applicant is a small entity which refers to any natural or juridical person whose assets are worth not more than one hundred million pesos (P100M); or any entity, agency, office, bureau or unit of the Philippine government including government-owned or controlled corporations, state universities and colleges and government-owned or government-run schools.
    200 USD
    [MT] 늦은 준비 수수료 (PCT 규칙 13ter.2 ) :
    200 USD
    The amount below applies where the applicant is a small entity which refers to any natural or juridical person whose assets are worth not more than one hundred million pesos (P100M); or any entity, agency, office, bureau or unit of the Philippine government including government-owned or controlled corporations, state universities and colleges and government-owned or government-run schools.
    100 USD
    [MT] 예비시험 수수료 환불 조건 및 환불 금액 :
    Money paid by mistake, without cause, or in excess, will be refunded
    In the cases provided for under PCT Rule 58.3:
    refund of 100%
    If the international application or the demand is withdrawn before the start of the international preliminary examination:
    refund of 100%
    [MT] 국제 예비시험에 허용되는 언어 :
    English
    [MT] 검사되지 않을 주제 :
    The subject matter specified in items (i) to (vi) of PCT Rule 67.1, with the exception of any subject matter examined under the patent grant procedure in accordance with the provisions of national patent law of the Philippines
    [MT] 국제 예비 심사 기관으로서 행동하는 기관의 권한에 관하여 어떤 제한이 있습니까?
    아니요
    [MT] 변호사의 권한 포기 :
    Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph IP 11.048).
    [MT] 독립적인 변호사의 권한대행서를 제출해야 한다는 요구사항을 폐지했습니까?
    [MT] 별도의 대리인이 필요한 특정한 경우 :
    Where the Office receives a notice or communication from a sub-agent appointed by the agent; or from a new agent appointed by the common representative; or the Office receives a notice or communication from an agent or common representative who is appointed by the applicant in replacement of the agent or common representative previously appointed by the applicant; or the Office receives a notice or communication from an agent or a common representative submitting the names of additional applicants not named in the request form
    Has the Authority waived the requirement that a copy of a general power of attorney be submitted?
    Yes
    Particular instances in which a copy of a general power of attorney is required:
    Where the Office receives a notice or communication from a sub-agent appointed by the agent; or from a new agent appointed by the common representative; or the Office receives a notice or communication from an agent or common representative who is appointed by the applicant in replacement of the agent or common representative previously appointed by the applicant; or the Office receives a notice or communication from an agent or a common representative submitting the names of additional applicants not named in the request form

    Annex L - Deposits of Microorganisms and Other Biological Material

    Requirements of designated and elected Offices
    Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
    For a list of these institutions refer to:
    Notifications related thereto may be consulted under:
    Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
    Time (if any) earlier than 16 months from priority date by which applicant must furnish:
    — the indications prescribed in Rule 13bis.3(a)(i) to (iii):
    At the time of filing (as part of the application)
    — any additional indications:
    At the time of filing (as part of the application)
    Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:
    To the extent available to the applicant, relevant information on the characteristics of the microorganism
    Additional information
    Deposits may be made for the purposes of patent procedure before the Intellectual Property Office of the Philippines with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

    National Phase

    Summary of requirements for entry into the national phase

    Time limits applicable for entry into the national phase:
    This time limit can be extended by one month provided the applicant pays an extension fee for late entry into the national phase, equal to 50% of the prescribed filing fee
    Under PCT Article 22(1): 30 months from the priority date
    Under PCT Article 39(1)(a): 30 months from the priority date
    Does the Office permit reinstatement of rights (PCT Rule 49.6)?
    Yes
    Translation of international application required into (one of) the following language(s):
    Must be furnished within the time limit applicable under PCT Article 22 or 39(1)
    English
    Required contents of the translation for entry into the national phase:
    Where the applicant furnishes only a translation of the international application as amended, the Office will invite the applicant to furnish the missing translation of the international application as originally filed. If the translation of the amended part is missing, the Office will not invite the applicant to furnish the missing translation and the amendments will be disregarded
    Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract
    Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)
    Is a copy of the international application required in particular circumstances?
    No, where the international application was filed in a language other than English
    Yes, where it was filed in English and the applicant has not received Form PCT/IB/308
    Does the Office accept color drawings under its national law?
    No
    National fees:
    Must be paid at the time of entry into the national phase or within one month from the time of entry into the national phase. Where the national phase is entered after 30 months but not later than 31 months from the priority date, a surcharge will have to be paid.
    The amount in parentheses is applicable in cases of filing by a “small entity”. A small entity is any natural or legal person whose assets are worth 100 million PHP or less; or any entity, agency, office, bureau or unit of the Philippine government including government-owned or controlled corporations, state universities and colleges and government-owned or government-run schools. At the time of payment, any natural or legal person is presumed to be a big entity unless a written statement to the contrary is submitted by such natural person or the duly authorized representative of such legal person.
    Patents
    Filing fee
    4,320 PHP
    (2,000 PHP)
    Utility models
    Filing fee
    3,600 PHP
    (1,720 PHP)
    Exemptions, reductions or refunds of fees:
    No filing fee is payable if priority of an earlier national application is claimed.
    Special requirements of the Office (PCT Rule 51bis):
    Appointment of an agent if the applicant is not a resident of the Philippines
    If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
    Copy or translation of the international application to be furnished in duplicate
    Where necessary, the Office will invite the applicant to comply with the requirement within a time limit which shall not be less than two months from the date of the invitation.
    Name and address of the inventor if they have not been furnished in the “Request” part of the international application
    Where necessary, the Office will invite the applicant to comply with the requirement within a time limit which shall not be less than two months from the date of the invitation.
    This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
    Instrument of assignment of the international application if the applicant is not the inventor
    Where necessary, the Office will invite the applicant to comply with the requirement within a time limit which shall not be less than two months from the date of the invitation.
    This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
    Instrument of assignment of the priority application where the applicants are not identical
    Where necessary, the Office will invite the applicant to comply with the requirement within a time limit which shall not be less than two months from the date of the invitation.
    This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
    Document evidencing a change of name or person of the applicant if the change occurred after the international filing date and has not been reflected in the PCT pamphlet or in a notification from the International Bureau (Form PCT/IB/306)
    If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
    Furnishing, where applicable, of a nucleotide and/or amino sequence listing in electronic form
    Where necessary, the Office will invite the applicant to comply with the requirement within a time limit which shall not be less than two months from the date of the invitation.
    Who can act as agent?
    Any patent agent or representative residing in the Philippines upon whom notices and processes for judicial or administrative procedure may be served
    Does the Office accept the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1)?
    No
    Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
    No

    The procedure in the national Phase

    PH.01 FORMS FOR ENTERING THE NATIONAL PHASE
    The Office recommends the use of an electronic form for entering the national phase, which is available on the Office’s web site at: https://onlineservices.ipophil.gov.ph/eInventionFile/. This form is used by the Office to identify the application as a national phase entry and to assign an appropriate application number.
    PH.02 CORRESPONDENCE
    Regulations Final Provisions Section 1
    All business with the Office or the Bureau of Patents shall be performed in writing. Actions will be based exclusively on the written record. No attention will be paid to any alleged oral promise, stipulation, or understanding. All letters and other communications must be addressed to the Director of Patents; if addressed to any other officer, they will ordinarily be returned. In every case, a separate letter shall be written in relation to each distinct subject of inquiry. When a letter concerns an application it shall state the name of the applicant, the title of the invention, the application number and the filing date of the application. When the letter concerns a granted patent, it shall state the name of the patentee, the title of the invention, the patent number and date of issuance.
    PH.03 FORM OF SIGNATURES
    Regulations Rule 505
    Where a signature is required, the Office may accept a hand-written signature; or the use of other forms of signature, such as a printed or stamped signature, or the use of a seal, or thumb marks, instead of a hand-written signature, provided that where a seal or a thumb mark is used, it should be accompanied by an indication in letters of the name of the signatory. No attestation, notarization, legalization or other certification of any signature or other means of self-identification referred to in the preceding sentence will be required, except where the signature concerns the surrender of a letters patent.
    PH.04 REPRESENTATION
    IP Code Section 33,
    Regulations Rule 421,
    PRo-PCT Rule 7(a),
    PRo-PCT Rule 7(c)

    An applicant who is not a resident of the Philippines shall appoint and maintain an agent or representative residing in the Philippines upon whom notices or processes for judicial or administrative procedure may be served relating to the international application filed with the Office. An applicant who is a resident of the Philippines may likewise appoint and maintain an agent or representative residing in the Philippines for the same purpose.
    PH.05 EARLIER NATIONAL APPLICATIONS FROM WHICH PRIORITY IS CLAIMED
    PRo-PCT Rule 36
    Where the international application claims the priority of an earlier Philippine national application, the applicant should elect which one of the two applications shall be further prosecuted. The applicant may indicate his choice in the form for entering the national phase. Otherwise, the Office will invite the applicant, within one month from the date of entry into the national phase of the international application, to elect only one application for further prosecution within two months from the date of the invitation, or within a longer period which the Office may allow, but not to exceed six months from the date of entry into the national phase.
    PH.06 SUBMISSION OF PRIORITY DOCUMENT
    PRo-PCT Rule 38.2
    If the priority document has not been submitted to the International Bureau in accordance with PCT Rule 17.1(a)-b-(b-bis), the applicant shall submit to the Office a certification from the national Office concerned stating the following data regarding the application the priority of which is claimed: name of the applicant, filing date, application number and title of the application. The certification, and its English translation if not in English, together with the payment of the fee for extension of time to submit the priority document, and the surcharge for late payment provided for in the IPO Fee Structure, shall be submitted within six months from the date of entry into the national phase without need of notice. The certification, and its English translation if not in English, do not require legalization. Failure of the applicant to comply with PRo-PCT Rule 38.2 shall be grounds to disregard the priority claim.
    PH.07 STATEMENT CONCERNING CORRESPONDING APPLICATIONS IN OTHER COUNTRIES
    IP Code Section 39,
    Regulations Rule 612,
    Regulations Rule 612.1,
    Regulations Rule 612.2

    The applicant shall, at the request of the (Director of the Bureau of Patents) Office, furnish the date and number of any application for a patent filed by him abroad relating to the same or essentially the same invention as that claimed in the application filed with the Office and other documents relating to the foreign application. The application is considered withdrawn if the applicant fails to comply with the requirement to furnish information concerning the corresponding foreign application, within the specified period.
    Other documents relating to the foreign application may consist of the following:
    (i) a copy of the search reports in English on the corresponding or related foreign application prepared by the European, Japanese or United States Patent and Trademark Offices, by the searching authorities under the Patent Cooperation Treaty or by the office where the first patent application was filed;
    (ii) a photocopy of the relevant documents cited in the search report;
    (iii) a copy of the patent granted to the corresponding or related application;
    (iv) a copy of the examination report or decision on the corresponding or related foreign application; and
    (v) other documents which could facilitate adjudication of the application.
    PH.08 FEES (MANNER OF PAYMENT)
    Regulations Final Provisions Section 2,
    PRo-PCT Rule 43

    The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex PH.I.
    PH.09 ANNUAL FEES
    IP Code Section 55,
    Regulations Rule 1100,
    Regulations Rule 1101,
    Regulations Rule 1102,
    PRo-PCT Rule 39(2),
    IPO Fee Structure,
    Part II General Provisions Sections 1,
    Part II General Provisions Sections 2,
    Part II General Provisions Sections 3,
    Part II General Provisions Sections 4,
    Part II General Provisions Sections 5,
    Part II General Provisions Sections 6

    To maintain the patent application or patent, an annual fee shall be paid upon the expiration of four years from the date of the international publication regardless of the language of publication, and on each subsequent anniversary of such date. Payment may be made within three months before the due date. The obligation to pay the annual fees shall terminate should the application be withdrawn, refused, or cancelled. If an annual fee is not paid within the prescribed time, a notice of non-payment shall be published in the IPOPHLE-Gazette. After publication, a notice shall also be immediately mailed to the patent owner, applicant, or resident agent. Within a grace period of six months from the publication of the notice of non-payment in the IPOPHL E-Gazette, the annual fee plus the prescribed surcharge for delayed payment and the publication fee must be paid in full. In case of failure to pay the annual fee, surcharge, and the publication fee within the grace period, a notice that the application is deemed withdrawn or that the patent is considered as lapsed as of the date following the expiration of the original period within which the annual fee was due, shall be issued and published in the IPOPHL E-Gazette and recorded in the appropriate Register of the Office.
    PH.10 CLAIMS FEES
    Regulations Rule 417,
    IPO Fee Structure,
    Part II General Provisions Section 6

    Any application comprising more than five claims, independent and/or multiple/alternative dependent claims at the time of filing, or claims added after the filing date over and above five, incurs payment of a claims fee. The claims fee shall be payable within one month from the date of entry into the national phase. If the claims fees have not been paid in due time, they may still be validly paid within a grace period of one month following a notice from the Office indicating the failure to pay the claims fee. If the claims fee is not paid within the time limit and the grace period referred to in Rule 417, or the claims fee is not fully paid within the time limit prescribed during substantive examination of the application, the claim or claims concerned shall be deemed withdrawn.
    PH.11 FEE AND TIME LIMIT FOR REQUESTING EXAMINATION
    PRo-PCT Rule 41(b)
    There is no need to file a separate request for substantive examination in the case of international applications, but the substantive examination fee has to be paid at the date of entry into the national phase or within six months thereafter. The international application shall be deemed withdrawn if the substantive examination fee is not paid within six months from the date of entry into the national phase. The applicant may use a form for payment provided by the Office for this purpose.
    PH.12 FEE FOR GRANT
    IP Code Section 50.1,
    IP Code Section 50.2,
    Regulations Rule 1000

    If the required fees for grant and printing are not paid in due time, the application shall be deemed to be withdrawn.
    PH.13 AMENDMENT OF THE APPLICATION; TIME LIMITS
    PRo-PCT Rule 41(c),
    Regulations Rule 916,
    Regulations Rule 917,
    Regulations Rule 918,
    Regulations Rule 919,
    Regulations Rule 920,
    Regulations Rule 921,
    Regulations Rule 922,
    Regulations Rule 923,
    Regulations Rule 924,
    Regulations Rule 925,
    Regulations Rule 926,
    Regulations Rule 927

    During the national phase, and at any time before a patent is granted or refused on the international application, the applicant may present amendments to the specification, claims and drawings in accordance with the IP Code and its implementing Rules and Regulations.
    PH.14 REQUIREMENTS FOR APPLICATIONS RELATING TO BIOLOGICAL MATERIALS AND MICROORGANISMS
    Regulations Rule 408(b)
    If the depositary institution and the file number of the culture deposit are not stated in the application at the time of filing the application, the said information shall be submitted within two months from a request by the examiner.
    PH.15 REVIEW UNDER ARTICLE 25 OF THE PCT
    PRo-PCT Rule 37
    The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase of the Guide.
    PH.16 EXCUSE OF DELAYS IN MEETING TIME LIMITS
    Reference is made to paragraphs 6.022 to 6.027 of the National Phase of the Guide.
    PH.17 EXTENSION OF TIME LIMITS
    Regulations Rule 928(b)
    The time limit for reply to an official action requiring a response may be extended only for good and sufficient cause. Any request for such extension must be filed not later than the day on which the response is due. The examiner may grant a maximum of two extensions, provided that the aggregate period granted, inclusive of the initial period allowed to file the response, shall not exceed six months from the mailing date of the official action requiring such response.
    PH.18 REVIVAL OF APPLICATION
    Regulations Rule 929
    An application deemed withdrawn for failure to prosecute may be revived as a pending application within a period of four months from the mailing date of the notice of withdrawal if it is shown to the satisfaction of the Director of the Bureau of Patents that the failure was due to fraud, accident, mistake or excusable negligence. A petition to revive an application deemed withdrawn must be accompanied by showing of a justifiable reason for the failure to prosecute, a complete response, and full payment of the required fee.
    PH.19 PETITIONS AND APPEAL
    IP Code Section 51,
    Regulations Rule 1300,
    Regulations Rule 1301,
    Regulations Rule 1302,
    Regulations Rule 1303,
    Regulations Rule 1304,
    Regulations Rule 1305,
    Regulations Rule 1306,
    Regulations Rule 1307,
    Regulations Rule 1308,
    Regulations Rule 1309,
    Regulations Rule 1310,
    Regulations Rule 1311

    Petitions may be filed with the Director of Patents from any repeated action or requirement of the examiner which is not subject to appeal and in other appropriate circumstances. The final order of refusal of the examiner to grant the patent may be appealed to the Director of the Bureau of Patents.
    PH.20 UTILITY MODEL
    IP Code Section 108,
    IP Code Section 109,
    IP Code Section 111,
    PRo-PCT Rule 5

    In respect of the Philippines as a designated or elected State, an applicant cannot seek two kinds of protection for the same subject, one for a utility model registration and the other for the grant of a patent, whether simultaneously or consecutively.
    Regulations Rule 1405,
    Regulations Rule 1406

    All applications for utility models shall be registered without substantive examination provided that all required fees, including fees for excess claims and publication are paid and all formal requirements set forth in the Regulations are complied with. However, applicants may request the Office to prepare a registrability report in accordance with Rules 1901-1903 before initiating infringement proceedings in respect of the registered utility model. The Office shall conduct a formality examination of the application and a report thereon shall be transmitted to the applicant.
    PH.21 CONVERSION
    IP Code Section 110,
    Regulations Rule 1417,
    Regulations Rule 1418

    At any time before the grant or refusal of a patent, an application for a patent may, upon payment of the prescribed fee, be converted into an application for registration of a utility model, which shall be accorded the filing date of the initial application. It may be converted only once.
    At any time before the grant or refusal of a utility model registration, an application for a utility model registration may, upon payment of the prescribed fee, be converted into a patent application, which shall be accorded the filing date of the initial application.

    Annexes

    Annex PH.I - Fees
    Patents
    Pre-examination:
    — Filing fee
    No filing fee is payable if priority of an earlier national application is claimed (PRo-PCT Rules 35(b) and 40(a)).
    big entity 4,320 PHP
    small entity 2,000 PHP
    — For each sheet in excess of thirty (30)
    big entity 36 PHP
    small entity 18 PHP
    — For each claim in excess of five (5)
    big entity 360 PHP
    small entity 180 PHP
    — Request for right of priority
    big entity 2,160 PHP
    small entity 1,000 PHP
    — Request for extension of time to file priority documents
    big entity 1,560 PHP
    small entity 740 PHP
    — Divisional application (for each division)
    big entity 4,320 PHP
    small entity 2,000 PHP
    — Conversion from utility model to patent
    big entity 1,440 PHP
    small entity 690 PHP
    — Additional fee for late entry into the national phase
    big entity 2,160 PHP
    small entity 1,000 PHP
    Examination:
    — Request for:
    — Extension of time to file response:
    — First
    big entity 720 PHP
    small entity 360 PHP
    — Second
    big entity 780 PHP
    small entity 390 PHP
    — Substantive examination
    big entity 4,200 PHP
    small entity 2,010 PHP
    — Revival
    big entity 1,200 PHP
    small entity 570 PHP
    — Revival fee for non-payment of the substantive examination fee
    big entity 960 PHP
    small entity 920 PHP
    — Preparation of amended page(s) of the master copy of the specification and/or claims, per page
    big entity 70 PHP
    small entity —
    Post-examination:
    — Amendment or correction in the letters patent (plus publication fee)
    big entity 600 PHP
    small entity 300 PHP
    — Petition for:
    — Any amendment or any correction of mistakes in a letters patent of formal and clerical nature without fault of Office
    big entity 720 PHP
    small entity 360 PHP
    — Any amendment or any correction in a letters patent of a substantive nature
    big entity 1,800 PHP
    small entity 860 PHP
    Annual fees:
    — for the 5th year
    big entity 3,240 PHP
    small entity 1,550 PHP
    — for the 6th year
    big entity 4,320 PHP
    small entity 2,000 PHP
    — for the 7th year
    big entity 5,400 PHP
    small entity 2,580 PHP
    — for the 8th year
    big entity 6,480 PHP
    small entity 3,100 PHP
    — for the 9th year
    big entity 8,640 PHP
    small entity 4,140 PHP
    — for the 10th year
    big entity 10,800 PHP
    small entity 5,170 PHP
    — for the 11th year
    big entity 13,920 PHP
    small entity 6,670 PHP
    — for the 12th year
    big entity 17,280 PHP
    small entity 8,280 PHP
    — for the 13th year
    big entity 20,400 PHP
    small entity 9,770 PHP
    — for the 14th year
    big entity 24,840 PHP
    small entity 11,900 PHP
    — for the 15th year
    big entity 29,160 PHP
    small entity 13,970 PHP
    — for the 16th year
    big entity 33,360 PHP
    small entity 15,980 PHP
    — for the 17th year
    big entity 37,680 PHP
    small entity 18,050 PHP
    — for the 18th year
    big entity 45,240 PHP
    small entity 21,670 PHP
    — for the 19th year
    big entity 54,360 PHP
    small entity 26,040 PHP
    — for the 20th year
    big entity 65,160 PHP
    small entity 26,040 PHP
    — Annual fee for each claim in excess of five (5) [5th to 20th year] due and payable at the same time as the applicable Annual Fee listed above.
    big entity 420 PHP
    small entity 210 PHP
    — Notice and publication of non-payment of annual fee (minimum; approximately 1/8 page)
    big entity 360 PHP
    small entity 360 PHP
    Utility models
    Entity
    Pre-examination:
    — Filing fee
    big entity 3,600 PHP
    small entity 1,720 PHP
    — For each sheet in excess of thirty (30)
    big entity 36 PHP
    small entity 18 PHP
    — For each claim in excess of five (5)
    big entity 240 PHP
    small entity 120 PHP
    — Request for right of priority
    big entity 1,800 PHP
    small entity 860 PHP
    — Divisional application (for each division)
    big entity 3,600 PHP
    small entity 1,720 PHP
    — Conversion from patent to utility model
    big entity 660 PHP
    small entity 330 PHP
    — Additional fee for late entry into the national phase
    big entity 1,800 PHP
    small entity 860 PHP
    Examination:
    — Request for:
    — Extension of time to file response:
    — First
    big entity 720 PHP
    small entity 360 PHP
    — Second
    big entity 780 PHP
    small entity 390 PHP
    — Registrability report
    big entity 1,320 PHP
    small entity 630 PHP
    — Revival
    big entity 1,200 PHP
    small entity 570 PHP
    — Preparation of amended page(s) of the master copy of the specification and/or claims, per page
    big entity 84 PHP
    small entity 84 PHP
    Post-examination:
    — Amendment or correction to the registration (plus publication fee)
    big entity 600 PHP
    small entity 300 PHP
    — Petition for:
    — Any amendment or any correction of mistakes in a registration of formal and clerical nature without fault of Office
    big entity 600 PHP
    small entity 300 PHP
    — Any amendment or any correction of mistakes in a registration of substantive nature
    big entity 800 PHP
    small entity 400 PHP
    How can payment of fees be effected?
    The payment of the fees has to be effected in Philippine pesos (PHP). Fees shall be paid on or before the due date prescribed in the IP Code or the rules and regulations. Where no due date is specified, the fees shall be due upon submission or filing of the request for the service or material incurring the fee. Fees shall be paid in cash, money order, bank drafts and/or cheques in Philippine currency. Payments in the form of money order, bank drafts and/or cheques shall be made payable to the Intellectual Property Office of the Philippines
    Fees shall be considered to have been paid as follows:
    (a) in case of cash payment: the date of receipt in cash of the amount due in full.
    (b) in case of money order, cheque or bank draft payment: the date of receipt of the money order, cheque or bank draft provided that the same is honored upon first presentation and provided that the payment covers the amount due in full.
    Subject to the IP Code or the applicable Regulations, the Office may give the person making the payment the opportunity to fully pay the fee or any deficiency within a maximum period of two months from the mailing date of the notice. Failure to pay the full amount shall not result in any refund whatsoever of any amount already paid.
    Forms
    The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
    Historical version applicable from 1 4월 2025 , printed on 10 1월 2026