How To File A Patent?

When you create an idea, develop new technology, or make a breakthrough through your work or resources, it is essential to protect it. If intellectual property is left unprotected, others may copy or exploit it. The most common way to secure protection is by filing a patent application with the Philippine Intellectual Property Office (IPO) through its Bureau of Patents.

Under Republic Act No. 8293, also known as the Philippine Intellectual Property Code, a patentable invention is “any technical solution to a problem in any field of human activity that is new, involves an inventive step, and is industrially applicable.” This may include a product, a process, or an improvement on any of these.

Once the IPO grants a patent, the inventor is given the exclusive right to use the invention and to stop others from making, selling, or manufacturing it without permission. A granted patent is valid for twenty (20) years. Filing for a patent is both straightforward and challenging: straightforward because the process is clear, yet challenging because the specifications may be highly technical and require specialized expertise.

Before submitting a patent application, it is crucial to evaluate if your creation is patentable. According to the IP Code, your product must provide a technical solution to a problem. Everyday innovations such as ballpens, televisions, and band-aids have all been patented. To qualify, an invention must meet three criteria:

• Novelty: it must be new or original, not previously made or used.
• Inventive step: it must not be obvious to someone skilled in the field.
• Industrial applicability: it must be capable of practical use.

Not all inventions qualify. The IP Code excludes: discoveries, scientific theories, and mathematical methods; schemes, rules, and methods for mental acts, games, or business, as well as computer programs; medical methods for treating humans or animals; plant varieties or animal breeds, except microorganisms and certain biological processes; aesthetic creations; and inventions contrary to public order or morality.

If your invention satisfies the requirements and is not excluded, you must prepare the necessary documents for filing with the IPO, including:

• Request for the Grant of Patent (IPO form)
• Description of the Invention (Specifications and Claims)
• Formal Drawings
• Filing Fees (P1,800 base fee; P15 per sheet over 30; P150 per claim over 5; P1,750 for Substantive Examination)

The Patent Filing Process

The process can be long and costly, so it is best to file early. The first notice from the IPO may take 13 to 18 months, while the full process from filing to issuance may extend up to 30 months. Steps to take before filing include:

1. Confirm your invention has not already been patented.
2. Identify the appropriate patent type.
3. Decide whether to file only domestically or also in other jurisdictions.
4. Choose whether to file on your own or with the assistance of a patent attorney.

After preparation, you can submit your application online. This requires securing a customer number, obtaining a digital certificate, and paying the required fees. The IPO will then review your application. If rejected, you may file for reconsideration or appeal. If approved, you will need to pay issuance and publication fees, as well as regular maintenance fees to keep the patent enforceable.

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