What is a patent?

A patent is a grant by the government of the right to stop others from making, using or selling an invention within its jurisdiction for a limited period of time. A patent is granted to protect an article that is essentially better in some way than what was made before, or for a better way of making it.

What can be patented?

Machines, articles of manufacture, methods, (processes), compositions of matter (chemicals, cell lines), any field of human activity which is new or involves an inventive step and is industrially applicable is patentable. An invention shall not be considered new if it forms part of prior art. Special kind of patents cover the appearance of useful objects (industrial design) or a technical solution of a problem in any field of human activity that is new and industrially applicable (utility model).

What cannot be patented?

Discoveries, naturally occurring (unaltered) scientific theories & and mathematical methods, purely mental processes, schemes, playing games, methods of doing business, programs for computers, aesthetic creations, arrangements of printed matter, plant varieties or animal breeds or essentially biological process for the production of plants & animals; inventions solely useful in making atomic weapons or anything contrary to public order or morality, and human beings cannot be patented.

How long is a patent valid?

In the Philippines, invention patents are valid for a term of twenty (20) years from the filing date of the application. This means that the owner of the invention or process essentially has a 20-year monopoly to exclude others from making, using, selling or importing the invention in return for which the owner fully discloses the information. However, a patent shall cease to be in force and effect if any prescribed annual fee is not paid within the prescribed time or if the patent is cancelled in accordance with the provisions of the Intellectual Property Code.

However, for a utility model, the term is seven (7) years without renewal; and for an industrial design, the term is five (5) years plus two (2) renewals of five years each.

Who is entitled to a patent?

The Philippines follows the first-to-file rule in the granting of patents. Essentially, this means that if two (2) or more persons have made the same invention independently of each other, the right to the patent shall belong to the person who filed for such an invention. In other words, where two or more applications are filed for the same invention, the right of the patent shall belong to the applicant who has the earliest filing date or the earliest priority date. The patent belongs to the inventor, his heir or assigns. When two or more persons have made an invention, they will own the patent proportionately (i.e. if there are two inventors, each one is entitled to one-half share). In case where an employee creates an invention during the course of his employment contract, the patent shall belong to the employee, if the inventive activity was not a part of his regular duties even though he uses the time, facilities and materials of his employer. However, if the invention is the result of the employee’s regular duties, it belongs to his employer, unless there was a prior express or implied agreement to the contrary. In the case when an invention is commissioned, the person who commissions the work shall own the patent unless otherwise stipulated in the contract.

What are the requirements of filing a patent?

Basically, the patent application should be in English or Filipino and shall include the following:
1. Request for a grant of patent
2. Specifications containing the following:


3. Priority claim, if any
4. Power of Attorney
5. Filing fees

What will it cost to get a patent?

To get fees on patent services, send e-mail to patentprose@skyinet.net.



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