Patent Application in Philippines

Seamless Patent Protection in the Philippines

Our team at Brealant manages your Philippine patent application end-to-end — from initial search and drafting through to filing and examination — combining attorney expertise with advanced technology so your invention gets the protection it deserves.

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Essential Guide to Patent Application in Philippines

Protecting Your Innovation with Brealant's Expertise

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Legal Definition of a Patent in the Philippines
A patent application under the IP Code of the Philippines (RA 8293) is a request for exclusive rights to a new invention, examined by IPOPHL before grant.
Methods of Medical Treatment
Methods of medically treating human or animal bodies are generally excluded, though related devices and pharmaceutical products may be patentable.
Mere Schemes & Mental Acts
Abstract schemes, rules, or purely mental acts without a technical contribution.

A Hassle-Free Patent Application Journey with Brealant

Contact
Discuss your invention and filing strategy with a Brealant patent attorney.
Search
We conduct a prior art search to assess patentability.
Quote
Receive a service quote tailored to your filing requirements.
Pay
Proceed with secure payment for the selected services.
File
We prepare the specification and lodge your application with IPOPHL.
Wait
Request examination and await IPOPHL's response; timing varies by case.
Response
Once accepted, IPOPHL grants and publishes the patent.

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Clear, Simple Steps to Patentability

To be patentable in the Philippines, an invention must be novel (not previously disclosed anywhere), involve an inventive step (not obvious to a person skilled in the art), and be industrially applicable — generally excluding discoveries, scientific theories, abstract ideas, and methods of medical treatment of humans.

Safeguarding Your Innovation in Philippines — With Brealant by Your Side

A granted Philippine patent gives you the exclusive right to make, use, and sell your invention nationally for up to 20 years, letting you commercialise, license, or enforce against competitors who copy the technology.

Limitations

What Cannot Be Patented in the

Certain subject matter cannot be patented under Philippine law, including

Discoveries & Scientific Theories
Pure discoveries and abstract scientific or mathematical theories.
Methods of Medical Treatment
Methods of medically treating human or animal bodies are generally excluded, though related devices and pharmaceutical products may be patentable.
Mere Schemes & Mental Acts
Abstract schemes, rules, or purely mental acts without a technical contribution.
Non-Novel Inventions
Anything already publicly disclosed anywhere in the world before the filing date.
Obvious Variations
Inventions that don't involve an inventive step over existing technology.

IPOPHL examines every application to ensure it meets these patentability requirements before grant.

What a Patent Protects

A granted Philippine patent protects

The Invention Itself
The specific product, process, or method described and claimed in the specification.
Exclusive Commercial Rights
Your exclusive right to make, use, sell, or import the invention in the Philippines.
Licensing Opportunities
The ability to license the invention to others for royalties or other commercial terms.
Enforcement Standing
Your standing to take infringement action against unauthorised use of the invention.

By partnering with patent experts in the Philippines, you can ensure your innovation is properly protected from filing through to grant.

Timeline for Patent Application in the Philippines

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The application process typically involves

Filing
The application is lodged with IPOPHL, establishing the filing date and priority.
Publication
The application is published roughly 18 months after filing (or the priority date), opening it to third-party observations.
Examination
Substantive examination must be requested within 6 months of publication, or the application is deemed withdrawn.
Grant & Publication
Once accepted, IPOPHL grants and publishes the patent, subject to ongoing annual fees.

Timelines vary with the technology and number of objections, but many applications proceed from filing to grant over roughly 2 to 4 years.

Understanding Patent Application Costs in Philippines — Simplified with Brealant

The cost of a patent application depends on the complexity of the invention

Official Filing Fees
IPOPHL charges official fees at filing, on requesting examination, and, from the 4th anniversary of filing onward, annual maintenance fees.
Professional fees
IPOPHL charges official fees at filing, on requesting examination, and, from the 4th anniversary of filing onward, annual maintenance fees.

These costs represent a valuable investment in securing exclusive rights to your invention.

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Continued Patent Protection in the in Philippines — Supported by Brealant

Once granted, a patent requires ongoing annual maintenance fees and can be actively monitored for infringement. Brealant supports clients through renewal tracking, licensing, and enforcement, so the value of the granted patent is protected over its full term.

Frequently Asked Questions

What's the difference between a standard patent and a utility model in the Philippines?

A standard patent offers up to 20 years of protection following substantive examination; a utility model registers faster, based mainly on formalities, but carries a shorter, non-renewable 7-year term.

How long does a standard patent last in the Philippines?

Up to 20 years from the filing date, subject to paying annual maintenance fees.

How long does the approval process take?

Timelines vary with the technology and number of objections, but many applications proceed from filing to grant over roughly 2 to 4 years.

Does the Philippines have pre-grant opposition for patents?

No — third parties can submit observations during examination, and can later challenge a granted patent's validity through a cancellation petition with IPOPHL.

What documents do I need to apply?

A technical description of the invention, any drawings or diagrams, details of the inventors and applicant entity, and details of any earlier provisional, utility model, or foreign filing, if claiming priority.

Can a company file a patent application, or only the individual inventor?

Either — the inventor can apply, or assign the rights to a company or other entity that then files as the applicant, which is the more common approach for corporate-developed inventions.

Do foreign applicants need a local representative to file in the Philippines?

Yes, a foreign applicant without a Philippine domicile or business must file through a resident agent, which Brealant provides as part of the filing service.

Can I claim priority from an earlier foreign patent application?

Yes, under the Paris Convention you can claim priority from a corresponding application filed in another member country within 12 months of its filing date.

When is my patent application published?

IPOPHL publishes patent applications 18 months from the filing or priority date, after which the application becomes publicly viewable and enforceable rights can begin to accrue.

Can I convert a utility model application into a standard patent application, or vice versa?

Yes, IPOPHL allows conversion between the two application types before final action, which can be useful if you realize a stronger 20-year patent is worth pursuing over a faster 7-year utility model.