A utility model is a protection option designed to protect innovations that are not sufficiently inventive to meet the inventive threshold required for standard patents application. Utility model registration is intended to accommodate local industries, small businesses or entities by providing an industrial property right that is relatively inexpensive, quick, easy to obtain and suited to innovations having short commercial life.
A utility model is entitled to 7 years of protection from the date of filing, with no possibility of renewal.
Useful machine, implement, tools, product, composition, process, improvement or part of the same, that is of practical utility, novelty and industrial applicability.
Unlike an invention, a utility model need not have an inventive step. Also, it is not subject to substantive examination but is only subject to formality examination. Finally, the term of the utility model is only 7 years from filing versus 20 years for an invention.
The same provisions as provided for in Rule 202 of the IRR (i.e “Non-Patentable Inventions”) are also applicable to non-registrable utility models:
An applicant must submit the following:
The Request Form (IPOPHL has a prescribed form) must contain the following:
A Power of Attorney appointing a resident agent is required if the applicant is not domiciled in the PhilippinesRead More
A utility model application filed by any person who has previously applied for the same utility model in another country which by treaty, convention, or law affords similar privileges to citizens of the Philippines, shall be considered as filed as of the date of filing the foreign application, provided, that: