Patent Corporation Treaty: Philippines

What is the Patent Cooperation Treaty (PCT)?

The Patent Cooperation Treaty (PCT) is an agreement for international cooperation, under the Paris Convention. It was developed in the 1970’s, driven by a common desire worldwide to have a streamlined procedure in patent filing.

Although the PCT system does not provide for the grant of an international patent, the system simplifies the process of filing patent applications.

What is the advantage of the PCT system of filing?

One major advantage of this system is that an applicant is afforded a longer time to decide whether or not he will proceed with the filing of his application in a particular country or jurisdiction. In other words, it allows the inventor more time to assess the commercial viability of his invention. It also delays the expenses that are associated with applying for patent protection in other countries.

Is the Philippines a member of the PCT?

The Philippines is the 112th member state of the PCT. All international applications entering the IPO (Philippines) as a designated office must have an international filing date on or after August 17, 2001 and must have the Philippines as a designated state (PH).

How does an applicant enter the national phase in the Philippines?

Under Rule 35 of the PRO PCT, to enter the national phase and to be provided with an entry date, the applicant must provide the IPO with a copy of the PCT international application in English wherein the Philippines is one of the designated states or if the application was filed in another language, its English translation, which shall include a translation into English of:

a) the description (including the Title of the invention) as filed;
b) the claims as filed and, where applicable, as amended under PCT Article 19;
c) the drawings, as filed, if any;
d) the abstract; and
e) amendments to the description, claims or drawings under PCT Article 34, as contained in the annexes to the international preliminary examination report, where applicable.

The said copy of the PCT international application or its English translation must be submitted to the IPO not later than twenty (20) months from the priority date based on PCT Article 22 (as amended by IPO Office order) or not later than thirty (30) months from the priority date based on PCT Article 39(1).

What will it cost to enter the national phase in the Philippines?

For information on the requirements on filing a PCT national phase entry application in the Philippines, and to get fees on patent services, please send e-mail to patentprose@skyinet.net.