PATENTS

Direct (NON-PCT)

What are the requirements for filing a DIRECT (Non-PCT) patent application?

The application shall contain the following:

  1. A request for the grant of a patent;
  2. A description of the invention;
  3. Drawing(s) necessary for the understanding of the invention;
  4. One or more claims; and
  5. An abstract.

The complete the Request Form, the following information are needed:

  • Name of Applicant (or applicants, if there are more than one)
  • Address of Applicant/s
  • Country of Nationality & Residence of Applicant/s
  • Name of Inventor
  • Address of Inventor
  • Country of Nationality & Residence of Inventor
  • Priority Claim details (if any) i.e., filing date, file number and country of origin

The specifications of the invention (which must be in English) contains the following:

  • Title of the Invention
  • Disclosure and description of the invention
  • Formal Drawings showing the different views of the invention.
  • A brief explanation of the drawings, if any
  • A distinct and explicit claim or claims of the invention which the applicant sought to be protected
  • An abstract

To claim priority rights, the application must expressly state the priority claim and it must be filed within twelve (12) months from the date the earliest foreign application was filed. The applicant must also submit a certified copy of the foreign application together with an English translation filed within six (6) months from the date of filing in the Philippines.

If applicant is a not domiciled in the Philippines, the name and address of the resident agent must be indicated in the Request form and a signed Power of Attorney must be submitted.

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For Direct Route (Non-PCT) application

  • Publication-The direct route (Non-PCT) patent application will be published after 18 months from filing date, after a prior art search has been conducted. The publication will contain the result of the prior art search or all the cited references which may affect the granting of patent.

  • Request for Substantive Examination-Should the applicant decide to continue with the prosecution of the application, he is advised to request and pay the fee for substantive examination six (6) months from the date of publication. If the IPOPHL does not receive such request, the application will be withdrawn/ abandoned.

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