Who is Eligible to File a Patent in Philippines
Any PCT applicant may enter the national phase in the Philippines.
This includes:
- An individual
- Corporations
- Research institutions
- Universities
- Other entities.
Foreign (non-resident) applicants are permitted, though under Philippine law, they must appoint a local resident agent for correspondence and representation before IPOPHL.
If the applicant is not the inventor (for example, in the case of an assignment), appropriate proof of entitlement (assignment deed or other documentation) must be filed as required under IPOPHL rules.
Deadline for Patent Filing in Philippines (30-Month Rule)
Under Philippine practice, entry into the national phase must be made within 30 months from the earliest claimed priority date — or, if no priority is claimed, from the international Patent filing date. This is in accordance with IPOPHL’s implementation of PCT national phase entry for the Philippines.
Extension After Expiry of the Deadline
If the 30-month deadline is missed, IPOPHL provides:
one-month extension (i.e., up to 31 months) upon payment of an extension fee equal to 50% of the standard filing fee. This extension is allowed under IPOPHL’s rules (see Rule 35 of the Revised Implementing Rules).
Failure to enter by 31 months (i.e., 30 months plus a 1-month extension) will result in the PCT application being considered withdrawn in the Philippines.
Filing Language for Philippines Patent Application
The official filing language before IPOPHL for PCT national phase entry is:
If the international application was filed in a language other than English, an English translation must be submitted at national phase entry. The translation should cover the specification, claims, abstract, and any textual matter in the Patent drawings.
Required Documents to File a Patent in Philippines
To effect national phase entry in the Philippines, the following must be submitted to IPOPHL:
- A Request for National Phase Entry.
- A copy of the international application as filed (if in English), or an English translation (if filed in another language).
- Any amendments made under PCT Article 19 and/or Article 34 (if applicable) — in English.
- Priority documents (certified copy), if priority is claimed. If these are not yet submitted to WIPO, they must be submitted to IPOPHL within six (6) months from National Phase Filing. Otherwise, the priority claim may be disregarded.
- Payment of national fees (filing fee, claim/page surcharge if any, priority claim fee, examination request fee). The filing fee and other required national fees must be paid within one month of entry.
- If the applicant is a foreign (non-resident), appointment of a local resident agent is mandatory. A signed Power of Attorney (POA) or other proof of representation is required; IPOPHL may require submission of the POA if not already on file.
Philippines Patent Search and Examination Procedure
The Philippines applies substantive examination for patent applications, including PCT national-phase cases. After national phase entry, the applicant must request substantive examination and pay the examination fee. The IPOPHL then conducts a prior-art search and substantive Patentability Search, inventive step (non-obviousness), industrial applicability, clarity, sufficiency of disclosure, and compliance with statutory requirements under the IP Code.
During the national phase, amendments to specifications, claims, or drawings are permitted before grant, in accordance with Philippine law and Rules.
Examination Process & Office Actions
Upon substantive examination, IPOPHL may issue office actions (examination reports) raising formal or substantive objections, e.g., lack of novelty, inventive step, insufficient disclosure, clarity, or added matter, or statutory exclusions. The applicant must reply within the prescribed time. Under the Philippine rules, the time for reply may be extended for “good and sufficient cause,” but the total reply period (including any extensions) cannot exceed six months.
At any stage before grant (or refusal), the applicant may present amendments to the description, claim, or drawings to overcome objections or adapt to Philippine practice.
Deadline for Request for Examination
Under current IPOPHL practice, the request for substantive examination and payment of the examination fee must occur within six (6) months from the date of national phase entry. Failure to do so will cause the application to be deemed withdrawn.
Some applicants choose to request examination at the time of entry to avoid missing the deadline.
Publication Process and Legal Impact
After national phase entry, the application becomes part of the Philippine patent docket and — following formalities — will be published in the official IPOPHL gazette (or Patent Register), making it publicly available. Publication provides public notice of the technology and claim scope, enabling competitors to review, monitor, design around, or prepare licensing negotiations. However, publication alone does not confer enforceable rights.
Enforceable rights accrue only after grant. Nonetheless, once the patent is granted, the granted claims (as published and amended) form the basis for enforcement: infringement actions, injunctions, licensing negotiations, market exclusion, or import bans.
Grant Process and Enforceability
After IPOPHL’s examination, if all objections are overcome, the required fees are paid, and any formalities are satisfied, the Office will grant the patent and issue a certificate. Once granted, the patent confers exclusive rights to exclude third parties from making, using, selling, offering for sale, or importing the claimed invention throughout the Philippines, under the IP Code.
These rights are enforceable under Philippine law, giving the patentee access to remedies such as injunctions, damages, and other relief, and forming the basis for licensing or technology transfer agreements. With a granted Philippine patent, multinational businesses, manufacturers, or distributors can secure territorial exclusivity in Southeast Asia — a key commercial leverage.
Validity Term
A Philippine patent has a term of 20 years from the international filing date (for PCT national phase cases), as provided under the Philippine Intellectual Property Code.
No extension beyond 20 years is generally available under current law.
Typical Time to Get a Patent in Philippines
The time to grant in the Philippines depends on a variety of factors, including technical complexity, claim scope, number of office actions, and speed of response. As a rough benchmark, once substantive examination is requested in a timely manner, many applications proceed to grant in approximately 3 to 5 years from national phase entry — though more complex cases may take longer.
Annuities / Maintenance Procedure
Under Philippine law, once granted, the patent owner must pay annual fees (annuities) to keep the patent in force. The first annuity becomes due on the fourth anniversary of the international publication date, covering the fifth year; subsequent annuities are due on each subsequent anniversary. Payment may be made up to three months before the due date.
Failure to pay on time may lead to a lapse. Restoration may be possible under certain IPOPHL rules, but timely maintenance is strongly recommended to preserve enforceability.
Official Government Fees for Philippines Patent Filing (IPOPHL, Philippines)
Below is a summary of the official fees for PCT national phase entry and subsequent prosecution under IPOPHL (in Philippine Peso — PHP). Professional attorney/agent charges are additional and depend on complexity, claim count, and required prosecution work.
| Stage / Event | Fee (Big Entity) | Fee (Small/Individual Entity) | Notes / Surcharges |
| National-phase filing fee (invention) | PHP 4,320 | PHP 2,000 | Submission within a 30-month deadline. |
| Sheet surcharge (per sheet over 30) | PHP 36 | PHP 36 | For large specifications/drawings. |
| Claim surcharge (per claim over 5) | PHP 360 (big) / PHP 180 (small) | – | Excess-claims fees apply at entry. |
| Priority claim fee (if priority claimed) | PHP 2,160 (big) / PHP 1,000 (small) | – | Required if PCT application claims earlier priority. |
| Substantive examination fee (invention) | PHP 4,200 (big) / PHP 2,010 (small) | – | Required if PCT application claims earlier priority. |
| Utility-model filing fee (if applicable) | PHP 3,600 (big) / PHP 1,720 (small | – | If the applicant chooses to convert to/use the Utility Model regime. |
Important notes on fees and payment: filing fees and required surcharges must be paid within one month from national phase entry to secure a valid filing date. Failure to remit full payment results in the application being deemed failed.
Utility Model Protection Availability
The Philippines provides for Utility Model protection (registration of “utility models”) under its IP Code, in addition to invention patents. A PCT national phase applicant may opt for utility-model protection instead of a standard invention patent, or convert an existing application (before grant) into a utility-model application – subject to payment of the applicable fee and compliance with formal requirements.
Utility-model protection may suit certain mechanical or incremental inventions where faster, lower-cost registration is desired, though with a shorter term and potentially more limited scope compared to full patents.
Philippines Patent Office & Official Website
The competent authority is the Intellectual Property Office of the Philippines (IPOPHL). Official resources, forms, guidance, and fee schedules for PCT national phase entry can be found on its website:
Official Website: Philippines Patent office
