Whether the Philippine invention patent application can be type-converted

Submitted by 页之码 on

yes. The patent type can be converted from invention to utility model at any time before the patent application is granted/rejected. The converted patent application has the same filing date as the original application, and can only be converted once, and a conversion fee is required.

专利申请流程

  • 7 years

  • Filing Language: Filipino/English

    Necessary documents:

    1. Exterior Design Picture (Six Views)
    2. A Brief Description

    Attachments (if any):

    1. Power of Attorney
    2. small entity declaration
    3. Certified Priority Document
    4. Declaration of Ownership/Certification of Employment/Assignment of priority
    5. Assignment for Patent Right Transfer
    6. Comparative documents/results of other countries
  • The initial protection period is 5 years, the renewal period is once every 5 years, and the maximum protection period can reach 15 years.

  • yes. A utility model can be converted into an invention at any time before granted/rejection, and the converted patent application has the same filing date as the original application, and can only be converted once and a conversion fee is required.

  • Filing Language: English/Filipino

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Sequence Listing (PDF format and TXT format)
    2. Microorganism preservation certificate and its English translation
    3. Microorganism Survival Certificate and Its English Translation
    4. Power of Attorney
    5. small entity declaration
    6. Certified Priority Document
    7. Declaration of Ownership/Certification of Employment/Assignment of priority
    8. Assignment for Patent Right Transfer
    9. Notification issued by CNIPA notify the applicant the application has passed through the security review
    10. Comparative documents/results of other countries

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entering the Philippine national phase 19/28/34/41 Amendments
    4. Sequence Listing (PDF format and TXT format)
    5. Microorganism preservation certificate and its English translation
    6. Microorganism Survival Certificate and Its English Translation
    7. Power of Attorney
    8. small entity declaration
    9. Declaration of Ownership/Certification of Employment/Assignment of priority
    10. Assignment for Patent Right Transfer
    11. Comparative documents/results of other countries
  • IPOPHIL conducts formality examination and substantive examination of utility model patent applications, but only needs to meet the standards of novelty and practicality, and does not require inventive step.

  • IPOPHIL conducts formality examination and substantive examination for invention patent applications. After completing the formality examination and prior art search, the applicant needs to enter the public procedure within 18 months from the filing date/priority date, and enter the substantive examination procedure if there is no objection. The applicant shall submit a request for substantive examination within 6 months from the date of publication of the application or within 6 months from the date of entering the national phase at the latest. If the requirements are met, the patent application will be authorized.

  • yes. The patent type can be converted from invention to utility model at any time before the patent application is granted/rejected. The converted patent application has the same filing date as the original application, and can only be converted once, and a conversion fee is required.

  • no

  • 1-2 years