Philippines

Philippines

Official language: Tagalog and English

Population: 100 million (2014)

Economic snapshot: 6% per year economic growth

IP snapshot: 117% increase in local originating filings (2000–2014)

 

STRUCTURE OF ECONOMY:

Agriculture (fruit, rice, sugar), Shipbuilding and repair, Automotive manufacturing, Aerospace engineering, Electronics (DSP chips, mobile phones, hard disk drives), Mining and ore processing.

IP CONVENTIONS:

Paris convention, Budapest Treaty, Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, Patent Cooperation Treaty (PCT).

TYPES OF PATENTS:

National invention patents (term: 20 years from filing date), Utility model.

PCT APPLICATIONS:

National Phase Entry deadline is 30 month from priority date (1 month grace), Applications may be filed in English or Tagalog, Applicants and inventors’ names and addresses.

FORMAL REQUIREMENTS AFTER FILING:

Power of Attorney (can be general) submitted within 2 months of filing.

NOVELTY:

Absolute

ACCELERATED/EXPEDITED EXAMINATION:

  1. Relying on granted claims of a selected foreign corresponding application.
  2. ASEAN Patent Examination Co-operation (ASPEC).
  3. PCT-PHH with Japan and US.

NON-PATENTABLE SUBJECT MATTER:

  1. Discoveries, scientific theories and mathematical methods.
  2. Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers (but inventions with a software component may be patentable.
  3. Methods of treatment of humans or animal body by surgery or therapy and diagnostics practiced on human or animal body. New products and compositions for use are exempt.
  4. Second medical use of known drugs and medicines are not patentable.
  5. Mere discovery of a new form or new property of a known drug or medicine which doesn’t enhance the known efficacy of that substance, or the mere use of a known process, unless such known process results in a new product that employs at least one new reactant, 6. Plant varieties, animal breeds, or essentially biological processes for the production of plants and animals. Does not apply to microorganisms and non-biological and microbiological processes. Plant varieties are protectable based on the Plant Varieties Protection Act.