How To File A Patent?  

When you discover an idea, new technology, or breakthrough by your work or resources, it is critical to safeguard it. If such intellectual property is not secured, it can be copied or exploited by others. The most common type of protection is to file a patent application with the Philippine Intellectual Property Office’s Bureau of Patents (IPO).  

A patentable invention is defined by Republic Act No. 8293, often known as the Philippine Intellectual Property Code, as “any technical solution to a problem in any sector of human activity that is new, involves an innovative step, and is industrially relevant.” It could be a product, a method, or an improvement on any of the aforementioned.”  

When the IPO grants a patent, it provides the owner with the exclusive right to utilize the invention and prevents others from using, selling, or manufacturing it for the patent. Once issued, a patent is valid for twenty (20) years.

It is both simple and difficult to apply for a patent with the IPO. Because the procedure is quite clear and uncomplicated, it is simple. Difficult because the specifications maybe complicated and necessitate specialist knowledge or skills.

It is vital to assess whether your product is patentable before filing a patent application. According to the IP Code, your product must provide a technical solution to a problem. Ballpens, televisions, band-aids, and other inventions have all been patented. It is vital to assess whether your product is patentable before filing a patent application. According to the IP Code, your product must provide a technical solution to a problem. Ballpens, televisions, band-aids, and other inventions have all been patented.  

Furthermore, innovation must meet the following criteria:  

  1. It must be new or original (it must not have been made or used before)  
  2. It must include a creative element (it must not be obvious to a person of ordinary skill in the field concerned)  
  3. It must be industrially applicable (it must be susceptible to use in some way)  
  4. Not all inventions can be patented, which is important to note. The following items are not patentable according to the IP Code:  
  • Discoveries, scientific theories, and mathematical methods;  
  • Schemes, rules, and methods of performing mental acts, playing games or doing business, and programs for computers;  
  • Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and composition for use in any of these methods;  
  • Plant varieties or animal breeds or essentially biological processes for the production of plants or animals. This provision shall not apply to micro-organisms and non-biological and microbiological processes.  
  • Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing sui generis protection of plant varieties and animal breeds and a system of community intellectual rights protection:  
  • Aesthetic creations; and  
  • Anything contrary to public order or morality.  

If your product satisfies the elements of an invention and is not forbidden above, you must now prepare the proper documentation to be filed with the IPO. They are as follows:  

  1. Request for the Grant of Patent (this is a form provided by the IPO)  
  2. Description of the Invention (Specifications and Claims)  
  3. Formal Drawings  
  4. Filing Fee (Filing Fee=P1,800; Each sheet over 30= P15 per sheet; Each claim over 5= P150 per claim; Request for Substantive Examination= P1,750)  

The Procedure For Obtaining a Patent

The patent filing procedure can be time-consuming and costly, so get started as soon as possible if you want to get a patent. Even receiving your first notification from the USPTO can take 13 to 18 months, and the entire procedure — from filing to issue — can take up to 30 months.

The following are the steps you should complete before filing a patent application for your innovation, according to the USPTO:

  1. Check to see whether your invention has already been patented.
  2. Choose the patent that applies to your invention.
  3. Make a decision on whether or not to file both domestically and globally.
  4. Choose if you want to file the patent yourself or hire an attorney to do it for you.

After you’ve completed these procedures, you’re ready to submit your online application to the USPTO. To get started, you’ll need to apply for a customer number and a digital certificate, as well as pay any costs that may apply.

Following the filing of your electronic application, the USPTO will review it and decide whether or not to grant it. If your patent application is originally denied, you may need to file reconsideration requests and appeals. If your application is granted, you will be responsible for paying the USPTO’s issue and publication fees, as well as maintenance payments at regular intervals after the patent is granted.

How To File A Patent?  

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