Startup Guide: Patent Application

Are you a startup business owner with an invention or idea and thinking of applying for a patent?

An invention or idea that gives any solution to a problem in any area of human activity is eligible for a patent, which is an exclusive right granted to the inventor.

Business owners must think carefully about how patents apply to their industry to protect their innovations and prevent infringement.

Can anyone file for a patent?

According to the Republic Act. No. 8293, otherwise known as the Intellectual Property Code of the Philippines, “any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be patentable. It may be, or may relate to, a product, process, or an improvement of any of the foregoing.”

Any person or authorized personnel may submit a patent application as the applicant. While nonresidents should hire a registered intellectual property agent or patent attorney

How do you apply for a patent?

Before applying for a patent, do your research if there are any existing documents or registered patents similar to yours. You may check them here. 

After doing research and deciding whether you should apply for a patent, you can follow the steps below to start applying for a patent.

Step 1 - Visit the Website https://www.ipophil.gov.ph/ then click “E-Services”

Step 2 - Accomplish the Patent application form and provide substantial details about your patent.

a. Decide on a title or name for your product or process

b. Provide a brief statement of its nature and purposes 

c. Complete a detailed enabling description, like how it works or should be used 

d. Write a detailed claim or claims, which the applicant seeks to be protected. 

e. Provide a concise summary of your invention that should highlight all of its key technical components.

Step 3 - (If applicable) Provide drawings of the invention with a brief explanation.

Step 4 - Once the application form is accomplished and submitted, wait for a confirmation email and a statement of account.

Step 5  - Pay for the filing fee, which will depend on the amount of your asset, but you can use the guide below. You may settle the payment through PayMaya, Debit, or Credit card.

Fees for filing include a 1% legal research fund (LRF)

You can find the complete table here.

Note that the process for your patent will start from the day you settle the filing fee–which you must pay within one (1) week. If not, you’ll have to apply in the same process again. 

In cases when two or more applications are submitted for the same invention–The applicant with the earliest filing date or earliest priority date is the one who is entitled to the patent.

How long is the filing process? 

After the filing process, it will usually take two (2) to three (3) years or eighteen (18) months from the application filing date. The patent will then undergo a thorough examination, and once approved, it will be electronically published in the IPO e-gazette.

This will allow third parties the chance to submit written feedback about the patentability of the invention, to which the applicant may respond.

After Publication

Within six (6) months from the date of publication, the applicant must also submit a request for a substantive examination. The application is presumed withdrawn if such a request is not made.

The patent will be examined, and a Patent Examiner will evaluate its patentability. Once rejected, the applicant is given a chance to present a defense or make changes to the application. 

When the IPO issues a patent, it will be valid for twenty (20) years. The owner is given complete authority to use or sell the invention and is not allowed to transfer the right to anyone else unless it is to a third party, which will have to be agreed upon by both parties. 

If you find the entire process of filing a patent challenging, you may contact one of our legal experts to consult about the things you can do to make the process easier.