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If you've filed an international application under the Patent Cooperation Treaty, entering the Philippine national phase is how you actually secure patent protection here. Our team at Brealant manages the national phase entry so your international filing date and priority are preserved.
Legal Definition of National Phase Entry
National phase entry is the process of converting an international PCT application into a national application before IPOPHL, under the IP Code of the Philippines (RA 8293).
Doesn't Guarantee Grant
Entering the national phase starts Philippine examination; it doesn't guarantee the patent will be granted.
Claims May Need Adaptation
Claims accepted internationally can still require adaptation to meet Philippine examination practice.
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Contact
Reach out to Brealant with your PCT application details well ahead of the deadline.
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Search
We review your PCT application and any International Search/Preliminary Examination reports.
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Quote
Receive a service quote for the national phase entry and prosecution.
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Pay
Proceed with secure payment for the selected services.
File
We prepare any required translations, adapt claims if needed, and file the national phase entry with IPOPHL.
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Wait
We request examination and await IPOPHL's response.
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Response
Once accepted, IPOPHL proceeds to grant of the Philippine patent.
The Philippine national phase entry deadline is 30 months from the earliest priority date claimed in the PCT application. Understanding this deadline, and what's required to meet it, is the clearest way to preserve your Philippine patent rights.
The 30-month window is firm, with only very limited restoration options if missed. Brealant tracks PCT priority dates for clients well ahead of the deadline, so Philippine rights are never lost through an administrative oversight.
National phase entry is essential, but it has boundaries
Firm Deadline
The 30-month deadline is generally firm, with only very limited restoration options if missed.
Doesn't Guarantee Grant
Entering the national phase starts Philippine examination; it doesn't guarantee the patent will be granted.
Claims May Need Adaptation
Claims accepted internationally can still require adaptation to meet Philippine examination practice.
Local Representation Required
Non-residents generally need a registered Philippine patent attorney or resident agent to prosecute the application.
Separate Fee Obligations
Once granted, the Philippine patent has its own annual maintenance fee schedule, independent of other jurisdictions.
Brealant reviews your PCT application early enough to address these issues well before the deadline.
Timely national phase entry protects
Your Priority Date
The earliest priority date claimed in your PCT application, preserved for the Philippine filing.
Your Filing Strategy
The option to pursue Philippine protection without having to file a separate application from scratch.
International Search Findings
The benefit of any favourable International Search or Preliminary Examination results.
Your Global Portfolio
Consistency between your Philippine rights and corresponding filings in other jurisdictions.
Brealant makes sure the transition from international to Philippine filing is seamless.
National phase entry follows these stages
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PCT Filing
The international application is filed, establishing the priority date.
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National Phase Deadline
The Philippine national phase entry deadline is 30 months from the earliest priority date.
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Entry & Examination
The national phase application is filed and examination is requested.
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Grant
Once accepted, IPOPHL proceeds to grant of the Philippine patent.
Missing the 30-month national phase deadline generally means losing the ability to obtain patent protection in the Philippines via that application.
Costs cover both the entry itself and subsequent prosecution
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IPOPHL charges an official national phase entry fee, plus subsequent examination fees.
IPOPHL charges an official national phase entry fee, plus subsequent examination fees.
We quote this once we've reviewed your PCT documents, so costs are clear before you commit.
Once national phase entry is filed, Brealant manages the Philippine application through examination and any office actions, keeping it aligned with your broader international patent strategy.
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30 months from the earliest priority date of your PCT application.
Non-residents generally need a registered Philippine patent attorney or resident agent to prosecute the application, which Brealant provides.
Sometimes — claims that were acceptable internationally can require adaptation to meet Philippine examination practice, which we assess on entry.
The application proceeds through Philippine examination like any other patent application, and Brealant manages any office actions that follow.
Restoration options are very limited and not guaranteed, so it's important to instruct Brealant well before the 30-month deadline.
No, English is an official IPOPHL filing language, so a PCT application already in English can generally be entered without translation.
Yes, IPOPHL examiners consider the international search and preliminary examination reports, which can streamline substantive examination, though they don't bind IPOPHL's own decision.
The PCT route gives you up to 30 months to decide on the Philippines while keeping options open for other countries, whereas a direct Paris Convention filing must be made within 12 months of your first application.
In limited circumstances IPOPHL may allow late entry with an additional fee and justification, but this isn't guaranteed — Brealant can assess whether restoration is realistic in your situation.
Costs include the official filing fee plus any excess claims or page fees, along with professional fees for review and filing; we quote this once we have your PCT application details.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business.
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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