Requirements To Apply For A Patent And How Much Is The Cost To Apply Here In The Philippines

When you develop an idea, technology, or innovation through your work or resources, it is crucial to protect it. Without proper protection, others may copy or exploit it. The most common form of protection is to apply for a patent with the Bureau of Patents of the Intellectual Property Office of the Philippines (IPOPHL).

Under Republic Act No. 8293, or the Intellectual Property Code of the Philippines, a patentable invention is defined as “any technical solution to a problem in any field of human activity that is novel, involves an inventive step, and is industrially applicable.” This may cover a product, a process, or an improvement of either.

A granted patent gives the owner the exclusive right to use the invention and prevents others from making, selling, or using it without permission for the term of the patent. In the Philippines, patents are valid for twenty (20) years from the filing date.

Applying for a patent can be both straightforward and challenging. The procedure itself is clear, but the requirements can be highly technical and may require specialized knowledge. Before filing, it is important to assess whether your creation qualifies as a patentable invention. It must provide a technical solution to a problem, be novel (not previously disclosed), involve an inventive step (not obvious to a person skilled in the field), and be industrially applicable (capable of practical use).

However, not all innovations can be patented under the IP Code. Exclusions include:

• Discoveries, scientific theories, and mathematical methods;
• Schemes, rules, and methods for mental acts, business, or computer programs;
• Plant varieties and animal breeds, as well as essentially biological processes for producing them (though microorganisms and microbiological or non-biological processes may be patentable);
• Aesthetic creations; and
• Inventions contrary to public order or morality.

For products that focus on appearance rather than function, an industrial design registration may instead be pursued. This protects the unique visual aspects of a product, such as its shape, pattern, or style.

If your invention meets the requirements and does not fall within the exclusions, you will need to prepare the necessary documents for filing with IPOPHL:

• Request for the Grant of Patent (IPOPHL form)
• Description of the invention (specifications and claims)
• Formal drawings
• Abstract, background, summary, detailed description, and claims
• Payment of fees (₱1,800 filing fee; ₱15 per sheet beyond 30 pages; ₱150 per claim beyond five; ₱1,750 substantive examination fee).

The claims are especially important as they define the scope of protection. After filing, IPOPHL conducts a formality examination and publishes the unexamined application in the IPOPHL e-Gazette after 18 months. Within six months from publication, the applicant must request substantive examination. If no request is filed, the application is deemed withdrawn.

During substantive examination, a Patent Examiner evaluates the invention’s patentability. If objections arise, the applicant may respond with amendments or arguments. If approved, the decision to grant will be issued, published in the IPOPHL Gazette, and a Letters Patent will be released as proof of ownership.

The entire process typically takes two to three years from the filing date, including the publication period. Costs include the government filing and examination fees (approximately ₱5,000–₱10,000, depending on claims and pages), plus professional fees if you appoint an agent.

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