Before discussing why professional assistance is crucial, it is important to understand who a patent attorney is and their role before the Intellectual Property Office of the Philippines (IPOPHL).

A patent attorney is a lawyer trained in securing and protecting inventors’ rights under intellectual property laws. In the Philippines, only registered patent agents and attorneys are authorized to represent clients before the IPOPHL. Their main task is to help inventors obtain valid patents for inventions that are new, useful, and inventive (non-obvious). Beyond filing applications, they also provide legal advice on patent, trademark, and copyright issues, and help enforce IP rights once granted.

Why Inventors Need Patent Attorneys

1. Understanding Philippine Patent Law

Patent law in the Philippines is governed by the Intellectual Property Code of 1997 (R.A. 8293) and IPOPHL rules. These rules are highly technical, especially regarding how to draft patent claims and compare inventions against “prior art.” A single mistake in claim wording can cause rejection or limit protection.

Example: In Godinez v. Court of Appeals (G.R. No. 97343, 1992), although involving copyright, the Court emphasized the importance of proper documentation and technical compliance when securing IP rights. Patent attorneys help inventors avoid such pitfalls in patents.

2. Navigating the Process

A Philippine patent application must undergo several stages:

• Formality Examination
• Publication in the IPO Gazette
• Substantive Examination (must be requested within 6 months of publication)
• Grant or Refusal

Patent attorneys ensure applications meet IPOPHL’s strict requirements, including inventor’s declarations, application data sheets, and payment of correct fees. Errors such as paying the wrong fee or missing deadlines can derail the entire application.

3. Drafting and Preparing the Application

Patent attorneys have experience preparing hundreds of applications. They know how to highlight the inventive step of an invention and ensure claims are broad enough for protection but specific enough to be granted.

Case in point: Many local inventors filing pro se (without an agent) face rejections due to poor claim drafting. Attorneys minimize this risk by applying tested strategies.

4. Advising on Types of Protection

In the Philippines, the most common patent is a Utility Patent, which protects how an invention works. There are also:

• Invention Patents (20 years)
• Utility Models (7 years, easier to obtain, for incremental innovations)
• Industrial Designs (aesthetic features of products)

Patent attorneys can advise whether your idea qualifies as a full patent, utility model, or design registration—helping you save time and money.

5. Enforcement and Legal Advice

Owning a patent is not the end of the journey. Attorneys assist in licensing agreements, negotiations, and infringement cases.

For example, in Pearl & Dean (Philippines), Inc. v. Shoemart, Inc. (G.R. No. 148222, 2003), the Supreme Court stressed that IP rights are enforceable only if properly secured. Patent attorneys provide strategies to enforce rights and stop infringers.

6. Saving Time for Inventors

Inventors should focus on improving their creations rather than spending years mastering patent law. A patent attorney takes care of legal complexities while still considering the inventor’s input throughout the process.

Conclusion

Every inventor in the Philippines needs professional patent guidance to ensure their rights are properly protected. The IPOPHL process is technical and requires precision at every stage. A skilled patent attorney will:

• Draft and file applications correctly
• Identify the right type of protection
• Provide legal strategies for enforcement and licensing
• Save inventors from costly mistakes

At Brealant, we assist inventors with professional filing support at accessible rates, while other major firms like Federis and Hechanova offer premium services. Whether you are seeking a utility model, design registration, or a full patent, expert legal guidance is indispensable.

⚠️ Disclaimer: Brealant provides access to independent attorneys and self-service tools. It is not a law firm and does not provide legal advice. The final decision on granting patents rests solely with the IPOPHL.

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