Organisation : Intellectual Property Office of the Philippine (IPO)
Facility Name : Apply For Patent Grant Using eInventionfile
Applicable For : Inventors
Country : Philippines
Website : https://www.ipophil.gov.ph/online-filing/
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What is a Patent?
A Patent is a grant given by the government to inventors/applicants in return for disclosing an Invention. It is a legal right to exclusively exploit the invention for the life of the patent. The term of protection for a Patent is (20) years from the date of filing in the Philippines, with no possibility of renewal.
Related / Similar Facility : IPO Philippines Industrial Design (ID) Registration
How To Apply For IPO Patent Grant Using eInventionfile?
You can request for a grant of a patent by filing through our main office or by filing online through the eInventionFile System. eInventionFile System is an Internet-based service of IPOPHL for the online filing of new Patent applications without physically transacting with the IPOPHL office or its satellite offices (IPSOs).
FAQ On IPO Patent Grant Philippines
Frequently Asked Questions FAQ On IPO Patent Grant Philippines
Can I patent an idea of a new invention?
No, an idea of a new invention alone cannot be patented. To qualify for patent protection, an invention has to be applied to a product or process. For an invention to be patentable, it should meet the three criteria: it must be new, involves an inventive step and is industrially applicable.
What is a Patentable Invention?
A Patentable Invention is any technical solution to a problem in any field of human activity which is new, inventive, and useful. An Invention may relate to a product (e.g. machine, device, an article of manufacture, a composition of matter, a microorganism), process or method, (e.g. a method of use, method of manufacturing, a non-biological process, a microbiological process), computer-related inventions, and improvement of any of the foregoing.
Can I obtain a patent for a product design?
It is not possible to obtain patent protection for the mere outward appearance of an article, that is, a shape configuration, pattern or ornamentation because a patentprotects the functional application of a product. Instead, an Industrial Design registration may be a more appropriate option.
However, if the outward appearance has a functional application as opposed to a mere visual purpose, it may be possible to obtain patent protection, subject to the patentability requirements of novelty, inventive step and industrial application.
Can IPOPHL advise me on whether my invention is patentable?
The Office cannot give any legal advice to applicants on any subject, which includes the patentability of an invention. If you have difficulty ascertaining the patentability of your invention or other legal requirements, you should consider seeking professional advice from a patent agent or an IP practitioner.
Why it is important to apply for grant of a patent?
A patent is an exclusive right that gives the inventor the right to exclude others from making, using, or selling the product of his invention during the life of the patent. Patent owners may also give permission to, or license, other parties to use their inventions on mutually agreed terms. Owners may also sell their invention rights to someone else, who then becomes the new owner of the patent.
Can I still commercialize or use my invention without a patent?
Yes, you can commercialize or use your invention without patent protection. However, once your invention is made known to the public, you may not be able to obtain a patent if you decide to apply for protection later because your invention can no longer be considered new.
Additional Simplified Procedure
To apply for an IPO patent grant using eInventionFile in the Philippines, you can follow these steps:
1. Go to the eInventionFile website.
2. Click on the “Create Account” button.
3. Fill out the required information and create an account.
4. Once you have created an account, log in and click on the “File New Application” button.
5. Select the “Patent” option.
6. Fill out the required information about your invention, including the title, abstract, description, claims, and drawings.
7. Upload all necessary documents, including the filing fee receipt, priority document (if applicable), and power of attorney (if applicable).
8. Review your application and submit it.
Here are some additional tips for filing a patent application using eInventionFile:
** Make sure that your invention meets the requirements for patentability: novelty, inventive step, and industrial applicability.
** Conduct a patent search to make sure that your invention is not already patented.
** Prepare a clear and concise description of your invention, including the claims.
** Use high-quality drawings to illustrate your invention.
** Review your application carefully before submitting it.
Once you have submitted your application, the IPOPHL will review it and conduct a prior art search. If your application meets the requirements for patentability, it will be published for opposition. After the opposition period has passed, the IPOPHL will conduct a substantive examination of your application. If your application is approved, the IPOPHL will grant you a patent.
Here are some additional tips for the post-filing process:
** Respond to any requests for information from the IPOPHL promptly.
** If your application is rejected, you have the right to file a request for reconsideration.
** You can also file an appeal with the Court of Appeals if you are not satisfied with the IPOPHL’s decision.