Patent Assignment & Recordal in Philippines

Update Ownership on the Patent Register

Whether you're acquiring a patent, restructuring a business, or transferring rights between related entities, the change of ownership needs to be properly documented and recorded with IPOPHL. Our team at Brealant handles the assignment paperwork and the recordal.

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Essential Guide to PatentInfringement in the Philippines

Protecting Your Ownership with Brealant's Expertise

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Legal Definition of Patent Assignment
Assignment, under the IP Code of the Philippines (RA 8293), is the legal transfer of ownership of a patent or patent application from one party to another.
Doesn't Renew the Patent
Assignment and annual fee payment are separate processes — a transferred patent still needs to be maintained on schedule.
Doesn't Change the Claims
You can't use an assignment to alter the granted claims or scope of protection.

A Hassle-Free Patent Assignment & Recordal Journey with Brealant

Contact
Tell Brealant about the patent(s), the parties, and the nature of the transfer.
Search
We confirm the current registration details and ownership status on the IPOPHL register.
Quote
Receive a fixed-fee quote based on the number of patents involved.
Pay
Proceed with secure payment for the assignment service.
File
Brealant prepares the deed and files the recordal request with IPOPHL.
Wait
IPOPHL processes the recordal and updates the register.
Response
You receive confirmation once ownership is updated on the register.

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Clear, Simple Steps to Record Your Assignment

In the Philippines, an assignment is only as strong as its documentation and recordal. A signed deed of assignment, followed by a recordal request to IPOPHL, is the clearest way to make sure the change of ownership is properly reflected and enforceable.

Safeguarding Your Ownership in Philippines — With Brealant by Your Side

An unrecorded change of ownership can create uncertainty about who can enforce or license the patent, and may weaken the new owner's position in a dispute. Brealant keeps the register accurate and the new owner's rights clearly established.

Limitations

What Assignment Recordal Does Not Do

Recordal is important, but it has limits

Doesn't Validate a Bad Deal
Recordal reflects the transfer; it doesn't cure defects in the underlying commercial agreement.
Doesn't Renew the Patent
Assignment and annual fee payment are separate processes — a transferred patent still needs to be maintained on schedule.
Doesn't Change the Claims
You can't use an assignment to alter the granted claims or scope of protection.
Retrospective Effect Is Limited
Recordal protects the new owner going forward; earlier unrecorded dealings may need separate legal advice.
Doesn't Resolve Disputes
If ownership itself is disputed, recordal won't resolve the underlying dispute.

Brealant flags any of these issues during the assignment process so nothing is missed.

What a Patent Assignment Protects

A properly recorded assignment protects

The New Owner's Rights
Clear, documented legal ownership recognised by IPOPHL.
Enforcement Ability
The new owner's standing to take infringement action based on the patent.
Deal Certainty
The commercial transaction — acquisition, restructure, or licence — that the transfer is based on.
Future Dealings
The ability to further assign, license, or use the patent as security without ownership disputes.

Brealant makes sure every assignment is properly documented so these protections are secured.

Timeline for Patent Assignment in the Philippines

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The assignment process typically follows these stages

Instruction
You confirm the patents, parties, and transaction details with Brealant.
Drafting
We prepare or review the deed of assignment.
Execution
The assignor and assignee sign the documentation.
Recordal
We file the recordal request, and IPOPHL updates the register.

Once properly executed documentation is filed, IPOPHL typically records the change of ownership within a few weeks.

Understanding Assignment Costs in Philippines — Simplified with Brealant

Assignment costs are modest relative to the transaction they support

Official Filing Fees
IPOPHL charges a modest official fee per patent to record an assignment.
Professional fees
IPOPHL charges a modest official fee per patent to record an assignment.

These costs are a small part of protecting the value of the IP asset being transferred.

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Continued Support After Your Assignment in Philippines — Supported by Brealant

Once the assignment is recorded, Brealant can take over ongoing annual fee tracking, monitoring, and enforcement for the new owner, so the transition is seamless.

Frequently Asked Questions

Is recording a patent assignment mandatory in the Philippines?

It isn't required for the transfer to be valid between the parties, but recording it is important for the new owner to be recognised and to protect their position against third parties.

Can a patent application be assigned before it's granted?

Yes, both pending applications and granted patents can be assigned.

What documentation is needed for recordal?

IPOPHL requires documentary evidence of the transfer, such as a signed deed of assignment.

Can Brealant coordinate assignments across multiple countries?

Yes, we regularly coordinate Philippine recordals alongside assignments of corresponding patents in other jurisdictions.

How long does patent assignment recordal take?

Once signed documentation is filed, IPOPHL typically records the change of ownership within a few weeks.

What happens if I don't record my patent assignment with IPOPHL?

An unrecorded assignment remains valid between the parties but may not be enforceable against third parties who later deal with the patent in good faith, such as a subsequent purchaser or licensee.

Can a patent be assigned to more than one party as co-owners?

Yes, partial assignments creating co-ownership can be recorded, though co-owners generally need each other's consent to license or further assign the patent unless their agreement says otherwise.

What's the difference between recording an assignment and recording a license?

An assignment transfers ownership of the patent itself, while a license only grants permission to use it — both can be recorded with IPOPHL, but they have different legal effects on who holds the underlying rights.

Is there a government fee to record a patent assignment?

Yes, IPOPHL charges an official recordal fee per application or patent covered, in addition to any professional fee for preparing and filing the recordal.

Can I record an assignment that happened years ago but was never registered?

Yes, a past assignment can still be recorded at any time, provided you can produce the original assignment document or an acceptable substitute.