Philippines - Patent

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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. Legislations:
The Intellectual Property Code of the Philippines (Republic Act No. 8293) 

2. Patentability Criteria:
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. 

Non-Patentable Subject Matter: 
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.



3. Utility Innovations:
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. Membership:
√ – Paris Convention
√ – 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. Rule of Priority:
“First to invent” is the rule followed by Philippines in determining priority of patent. 

6. Duration:
A patent application once registered is valid for 20 years from the date of application.

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