Essential Guide to Patent Application in

Philippines

Protecting Your Innovation with Brealant's Expertise

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.

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

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.

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.

Start Your Patent Application

Blogs and Resources

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