Legal framework overview

The Philippine intellectual property system is based on a comprehensive code promulgated in 1998, mainly including:

• Intellectual Property Code (Republic Act No. 8293, as amended by RA 10372 & 11659)

• Trademark Regulations, 2017 (as amended in 2023)

• Patent Regulations, 2020

• Industrial Design Regulations, 2020

Competent authority:

• IPOPHL (Intellectual Property Office of the Philippines)

  • Bureau of Trademarks (BOT)

  • Bureau of Patents (BOP)

  • Bureau of Legal Affairs (BLA)

The Philippines is a member of WIPO, PCT, the Madrid System, the Hague Agreement, the Paris Convention, TRIPS and the ASEAN IP Network.

International cooperation and regional integration

• The Philippines is a member of WIPO, PCT, the Madrid System, the Hague Agreement, the Paris Convention and TRIPS;

• Participates in ASEAN IP cooperation (ASEAN IP Portal);

• Has established PPH and information-sharing arrangements with JPO, USPTO, KIPO and EUIPO;

• Implements the national strategy Philippines IP Master Plan 2020–2030, promoting commercialisation of innovation and digital registration services.

Trade mark system

Filing routes

• National applications may be filed directly with the IPOPHL Bureau of Trademarks (BOT);

• Applicants may also designate the Philippines (since 2012) under the Madrid System (Madrid Protocol).

Classification

• Applies the Nice Classification for goods and services;

• Both single-class and multi-class applications are accepted.

Examination procedure

• Formal examination: around 1–2 months;

• Substantive examination: around 6–9 months;

• Opposition period: any opposition must be filed within 30 days from the date of publication.

Use and renewal

• Initial registration term is 10 years, renewable indefinitely in further 10-year periods;

• A Declaration of Actual Use (DAU) must be filed between the 3rd and 5th year after registration;

• Continuous non-use for 3 years may lead to cancellation.

Examination features

• Examination languages are English or Filipino;

• Focuses on distinctiveness, likelihood of confusion and earlier rights;

• Registration of collective marks and certification marks is possible.

Patent system

Types and terms of protection

• Patent of Invention: protection for 20 years from the filing date;

• Utility Model: protection for 7 years from the filing date, non-renewable.

Examination mechanism

• Patents of invention are subject to substantive examination;

• A request for examination must be filed within 6 months from the filing date;

• Average examination time is around 2–4 years.

International routes

• The Philippines has been a PCT member state since 2002;

• PCT international applications may enter the national phase in the Philippines;

• Examination language is English.

System features

• Applies the “first-to-file” principle;

• Annual fees must be paid to maintain patent rights after grant;

• Pharmaceutical and biotechnology patents require submission of supporting test data;

• Supports accelerated examination via PPH programmes in cooperation with JPO, KIPO and others.

Industrial design protection

Legal basis

• Articles 112–118 of the Intellectual Property Code and implementing rules (RA 8293).

Scope of protection

• The shape, ornamentation, lines, patterns, colours and their combinations applied to a product;

• Applicable to both industrial and handicraft products.

Term of protection

• Protection is granted for 5 years from the filing date and may be renewed four times for further 5-year periods, up to a maximum of 25 years.

Examination procedure

• Examination period is usually around 6–9 months;

• Examination languages are English or Filipino;

• Only formal examination is carried out; creativity is not assessed ex officio.

System features

• A single registration is valid nationwide;

• Multiple designs can be combined in one application;

• Since 2021 the Philippines has been a member of the Hague Agreement and may be designated in international design registrations;