CN 
EN 
In Philippines, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application.
1. 法律法规：
The Intellectual Property Code of the Philippines (Republic Act No. 8293)
2. 专利性标准：
Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be patentable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing.
不可专利的主题：
An invention is not patentable if it contains the following:-
Discoveries, scientific theories and mathematical methods;
Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers;
Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and composition for use in any of these methods;
Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision shall not apply to micro-organisms and non-biological and microbiological processes.
Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing sui generis protection of plant varieties and animal breeds and a system of community intellectual rights protection:
Aesthetic creations; and
Anything which is contrary to public order or morality.
实用新型
Utility models are registrable in the Philippines. A utility model must fulfil the criteria of new and industrial applicability (but not inventiveness). The term is seven (7) years without renewal.
4. 成员资格：
√ – 巴黎公约
√ – PCT
Philippines is a member of the Paris Convention from 1965, whereby applications from convention countries will be subject to the same priority date in Philippines. The application for priority has to be made within six months of the first application in a convention country.
Malaysia is also a member of the PCT since 2006. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Malaysia within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
5. 优先权规则：
“First to invent” is the rule followed by Philippines in determining priority of patent.
6. 期限：
A patent application once registered is valid for 20 years from the date of application.
In Philippines, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application.
1. 法律法规：
The Intellectual Property Code of the Philippines (Republic Act No. 8293)
2. 专利性标准：
Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be patentable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing.
不可专利的主题：
An invention is not patentable if it contains the following:-
Discoveries, scientific theories and mathematical methods;
Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers;
Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and composition for use in any of these methods;
Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision shall not apply to micro-organisms and non-biological and microbiological processes.
Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing sui generis protection of plant varieties and animal breeds and a system of community intellectual rights protection:
Aesthetic creations; and
Anything which is contrary to public order or morality.
实用新型
Utility models are registrable in the Philippines. A utility model must fulfil the criteria of new and industrial applicability (but not inventiveness). The term is seven (7) years without renewal.
4. 成员资格：
√ – 巴黎公约
√ – PCT
Philippines is a member of the Paris Convention from 1965, whereby applications from convention countries will be subject to the same priority date in Philippines. The application for priority has to be made within six months of the first application in a convention country.
Malaysia is also a member of the PCT since 2006. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Malaysia within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
5. 优先权规则：
“First to invent” is the rule followed by Philippines in determining priority of patent.
6. 期限：
A patent application once registered is valid for 20 years from the date of application.
1. 申请
Every applicant is required to an application to with Intellectual Property Office of the Philippines within 12 months of priority date.
2. 审查
After the assignment of a filing date the application will be examined. And a search report be submitted to the applicant.
3. Publication & Substantive Examination
The application will be published within 18 months from the date of filing. Request for substantive examination has to be made within 6 months from the date of publication. Letters of patent will be granted on completion of substantive examination. The invention will be published in the IPO Gazette together with other relevant information.
4. Opposition
Third parties are invited to oppose the applications within the stipulated publication period.
5. Registration
Finally on completion of objections and opposition a Certificate of Registration will be issued subject to the payment of a fee. The duration of registration could take a minimum period of 2 -3 weeks. The registration is effective from date of application.
The following information and/or documents are required to file an application for a patent in Philippines:-
直接国家申请：
1. Request for the grant of a patent:-
a) the name, nationality and address of the applicant;
b) the name, nationality and address of the inventor;
c) 说明书，包括描述、权利要求和必要的图纸；
d) 基本申请的国家和提交详细信息（如果主张优先权）。
2. Appointment of Patent Agent (PF 10)
3. If the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent
4. 没有要求提交从发明人到申请人的转让文件。
PCT National Phase Application
1. A copy of the PCT application in English language (i.e. request form PCT/RO/101);
2. The details of the PCT application (suitably, the bibliographic page as published by WIPO);
3. One copy of the PCT specification as originally filed (in or translated to English);
4. One copy of any amendments filed in the international phase (in or translated to English);
5. An Appointment of Agent form signed by the applicant; and
6. If the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment.
申请费用
项目 | 官方费用 (USD) | 专业费用 (USD) |
|---|---|---|
1. Filing an Invention – Each claim in excess of 5 – USD 12 – Each sheet in excess of 30 – USD 1.30 | 96 | 545 |
2. Preparing Formal Drawings per sheet | 13 | |
3. Claiming Convention priority | 48 | 80 |
4. Request for Examination | 93 | 305 |
5. Publication fee of granted patent | 20 | 168 |
6. Issuance fee | 40 | 168 |
维持费用
项目 | 官方费用 (USD) | 专业费用 (USD) |
|---|---|---|
5th annuity | 2700 | 220 |
6th annuity | 3600 | 220 |
7th annuity | 4500 | 220 |
8th annuity | 5400 | 220 |
9th annuity | 7200 | 220 |
10th annuity | 9000 | 220 |
11th annuity | 11600 | 220 |
12th annuity | 14400 | 220 |
13th annuity | 17000 | 220 |
14th annuity | 20700 | 220 |
15th annuity | 24300 | 220 |
16th annuity | 27800 | 220 |
17th annuity | 31400 | 220 |
18th annuity | 37700 | 220 |
19th annuity | 45300 | 220 |
20th annuity | 54300 | 220 |
基本要求
文档 | 备注 | 提交时间 |
|---|---|---|
Patent specification, claims and extract in English | no legalisation | On filing date or within two months from the date of entry |
Drawings* | if any | 提交时 |
*Note:
(a) The set of drawings must be signed by the applicant or by his attorney or agent;
(b) The set of drawings were must be made in a Bristol board or in a paper that is flexible, strong, white, smooth, non-shiny and durable;
(c) The set of drawings must be made in a pen or by photolithographic which give the satisfactory reproduction characteristics; shading and lines were not present in the sectional view;
(d) The sectional view of the set of drawings must be indicated on the general view by a broken or dotted line;
(e) The space in the heading must be reserved at the right and the signature placed on the left, one figure must be placed upon another or within the outline of another.
(f) The drawing must show every feature of the utility model or industrial design covered by the claim(s), and the figures should be consecutively numbered.
申请专利公约附加文件
文档 | 备注 | 提交时间 |
|---|---|---|
优先权文件 | Certified copy of the basic patent application. | On filing date or 6 months from the date of entry |
授权委托书 | signed; notarization is not required | On filing date or within 2 months from the date of entry |
Assignment of Invention (if the applicant is not the inventor) | No legalization requirement | 1 month from application date |
Additional Documents for Entry of PCT National Phase in Malaysia
文档 | 提交时间 |
|---|---|
English translation of the international application (if it is filed in a language other than English) | 提交时 |
A copy of the International Search Report (form PCT/ISA/210) | On filing date or within 2 months from the date of entry |
A copy of Notification Concerning Submission or Transmittal of Priority Document (form PCT/IB/304) | On filing date or within 2 months from the date of entry. |
Details of the PCT application (suitably, the bibliographic page as published by WIPO). | 提交时 |
International preliminary examination report international search report (chapter 2). | On filing date (if available) or anytime during the pendency of the examination or anytime while the examination is active |
Notification of Recording of a Change; (a) Inventor (b) Name (c) Applicant | On filing date (if available) or anytime during pendency of the application |
One copy of the PCT specification as originally filed (in or translated to English). | 提交时 |
One copy of any amendments filed in the international phase (in or translated to English). | On filing date or anytime while the application is active |
