PHILIPPINE INTELLECTUAL PROPERTY 

The Philippines adheres to the Paris Convention for the Protection of Industrial Property Rights, the Berne Convention for the Protection of Literary and Artistic Works, the Patent Cooperation Treaty, the TRIPS Agreement and the WIPO Copyright Treaty, among others. In this light, intellectual property such as copyright, trademark, patent, utility model, industrial design are protected in the Philippines. The governing law is Republic Act No. 8942, otherwise known as the Intellectual Property Code of the Philippines.

Registration of applications for trademark, patent, utility model, industrial design and patent cooperation treaty applications as well as copyright deposit are filed with the Philippine Intellectual Property Office (IPO).

Since the Philippines is a signatory to numerous treaties protecting intellectual property rights, claims of convention priority or priority dates are acknowledged and respected, provided that they are claimed within twelve (12) months from the date of the earliest foreign application (for patents and utility models) or within six (6) months from the date of the earliest foreign application (for trademarks and industrial designs).

The term of protection for trademark, patent, utility model, industrial design and patents under the Patent Cooperation Treaty (“PCT”) are as follows:
1. TRADEMARK – Ten (10) years and may be renewed for periods of ten (10) years each
2. PATENT – Twenty (20) years from filing date of application without renewal
3. UTILITY MODEL – Seven (7) years from filing date of the application without renewal
4. INDUSTRIAL DESIGN – Five (5) years from filing date of the application and may be renewed for not more than two (2) consecutive periods of five (5) years each
5. PCT – Twenty (2) years from the international filing date

Modern markets are not anymore limited to local consumers. Businesses are becoming global and cater to both local and foreign markets. As a result thereof, trademarks, brand name, trade secrets, inventions and designs are exposed to a larger market. Hence, the need to secure protection for these intellectual properties. We may be able to help. We are a full-service law firm in the Philippines specializing in intellectual property law and duly accredited by the Philippine Intellectual Property Office. E-mail us at info@ndvlaw.com or visit our website www.ndvlaw.com 

Philippine Intellectual Property Services

Nicolas & De Vega Law Offices is a duly authorized resident representative accredited by the Philippine Intellectual Property Office. Through the combined experience and legal expertise of its Philippine intellectual property lawyers, the firm boasts of an exceptional intellectual property law practice not only in the Philippines but also in the international sphere. The Philippine intellectual property lawyers of the firm have handled the registration, prosecution, and maintenance of a countless number of marks for Philippine and foreign individuals and multinational corporations. The firm also handles the registration, prosecution and maintenance of patents, industrial designs, and utility models.

Under this practice area, the Philippine lawyers, attorneys and paralegals of Nicolas & De Vega Law Offices offer the following legal services:
1. Filing of applications, prosecution, maintenance and registration of trademarks, patents, industrial designs and utility models with the Philippine Intellectual Property Office
2. Copyright deposit and protection
3. Entering the national phase under the Patent Cooperation Treaty (PCT)
4. Maintenance of trademarks, patents, industrial designs and utility models in the registry of the Philippine Intellectual Property Office through periodic filing of declarations of actual use, maintenance affidavits and other documents which may be required by the Philippine Intellectual Property Office
5. Registration of food, cosmetics and drugs with Food and Drugs Administration (FDA)
6. Securing License to Operate (LTO) for pharmaceutical companies, suppliers, manufacturers, exporters, importers, distributors and retailers
7. Legal representation in Opposition and Cancellation actions with the Philippine Intellectual Property Office, patent, trademark and copyright infringement cases, unfair competition and other violations of the Intellectual Property Code which may be filed by or against the client with the regular courts
8. Registration of Technology Transfer Agreements, product and service licensing agreements.
9. Enforcement of Intellectual Property rights, including availment of extraordinary remedies of Injunction, Mandamus among others
10. Legal advice and legal representation in civil, criminal, and administrative cases which may be filed in relation to a violation of the Intellectual Property Code

For more information about our intellectual property services in the Philippines, visit our website www.ndvlaw.com or e-mail us at info@ndvlaw.com.

Philippine Intellectual Property Lawyers & Experts

Nicolas & De Vega Law Offices boast of its highly efficient, professional and skilled team of lawyers and experts in the field of intellectual property law.

Atty. Norieva D. de Vega 

Head, Intellectual Property Department, Philippine Intellectual Property Lawyer

Atty. Krisanto Karlo E. Nicolas

Senior Partner, Philippine Intellectual Property Lawyer

Atty. Joeben T. de Jesus 

Partner, Philippine Intellectual Property Lawyer

Atty. Melissa Roe R. Mendoza

Junior Associate, Philippine Intellectual Property Lawyer

Edward Ignacio

Philippine Intellectual Property Legal Assistant

Raul M. Damuy

Philippine Intellectual Property Head Paralegal

Liezl B. Glorioso

Philippine Intellectual Property Asst. Head Paralegal

Ruben O. Gregorio 

Philippine Intellectual Property Paralegal

Mary Joy Ladrona

Philippine Intellectual Property Asst. Paralegal

Intellectual Property Information

The information provided below is for informational purposes only and not intended to be legal advice. Please consult a lawyer for your concerns.

1. Philippine Trademark                                 

The IPO allows the filing of trademarks which are not yet in use in the Philippines (intent to use). However, notarized Declarations of Actual Use with proofs of use must be filed within three (3) years from filing date and within one (1) year from the fifth anniversary of the date of registration of the mark.

The following documents or information must be submitted to the IPO in filing a trademark application:
1. Trademark Application Form which should state the following information:
a) Name, address and nationality of the applicant;
b) Trademark
c) Detailed description of the trademark and device.
d) Transliteration and translation of the mark, if any
e) Goods or services and their respective International Class
f) Claim of color, if any
d) If there is a claim of the priority date, the name of the country where said application was filed, the date and serial number of the foreign trademark application and a certified copy of the priority application, with English translation
e) Name, address and details of the local trademark agent or resident representative.

2. Simply signed Special Power of Attorney executed by the authorized representative of the applicant designating a Philippine Firm as its attorney-in-fact and agent for the application

3. Formal Drawings and facsimiles of the mark.

It must be emphasized that in order for a foreign entity or individual to file and prosecute its trademark application with the Philippine Intellectual Property Office, it must appoint a local or Philippine agent or representative. 

2. Philippine Patent

The Philippines also follows the rule of absolute novelty for patents. Consequently, the existence of any prior art anywhere in the world within a period of twelve months prior to the filing of the Philippine application will defeat novelty and patentability.

The requirements for filing a new patent, utility model and industrial design application are as follows (Only the first three items are necessary in order to acquire a filing date. The others may be submitted after):
1. Request for the Grant of a Philippine Patent, which shall contain a petition for the grant of the patent, the name and other data of the applicant, the inventor and the agent and title of the invention, utility model or industrial design;
2. Description of the invention, utility model or industrial design;
3. Claims;
4. Abstract of the invention or utility model consisting of a concise summary of the disclosure preferably not more than one hundred fifty (150) words;
5. Special Power of Attorney executed by the authorized representative of the applicant designating a Philippine Firm as its attorney-in-fact and agent for the application;
6. Duly notarized Deed of Assignment executed by the inventor in favor of the applicant.
7. If the applicant is claiming convention priority, a certified copy of the foreign application, together with an English translation thereof;
8. Formal Drawings. The drawings must conform to the Rules issued by the IPO 

3. PCT - Entering the National Phase                                 

Patent Cooperation Treaty (PCT) Applications – Entering the National Phase
The Patent Cooperation Treaty ("PCT") entered into force in the Philippines on 17 August 2001. In order to enter the national phase and get a date of entry, the applicant must furnish IPO not later than 30 months from priority date the English translation of the international application if it was filed in a language other than English; or a copy of the international application if it was filed in English and the applicant has not received Form PCT/IB/308. If the applicant has received Form PCT/IB/308, there is no need to give the IPO a copy of the international application. However, the applicant must signify to IPO through writing that the particular identified international application is entering the national phase. It must be noted that the 30-month period may be extended by one (1) month subject to the payment of an extension fee equal to 50% of the filing fee.

Moreover, the following documents must be submitted:
1. Description as filed;
2. Claims as filed and, where applicable, as amended under PCT Article 19;
3. Amendments to the claims under PCT Art. 19, where applicable;
3. Amendments to the description, claims or drawings under PCT Article 34, as contained in the annexes to the international preliminary examination report, where applicable;
5. Formal drawings must comply with Rule 11.3 of the PCT Regulations
6. Abstract;
7. If priority date is claimed, then the PCT Notification Concerning Submission of Transmittal of Priority Document (Form PCT/IB/304). If such document cannot be submitted, then a certification from the national office concerned stating the following data regarding the application the priority of which is claimed:
a. Name of the applicant;
b. Filing date;
c. Application number; and
d. Title of the application.
The certification, and its English translation if not in English, together with the payment of the fee for extension of time to submit the priority document and the surcharge for late payment must be submitted to the IPO within six (6) months from the date of entry into the national phase without need of notice. The certification and its English translation if not in English do not require legalization. Failure of the applicant to comply with the foregoing shall be ground to disregard the priority claim.

8. PCT Request Form;
9. Request for National Phase Entry;
10. Special Power of Attorney executed by the authorized representative of the applicant designating a Philippine Firm as its attorney-in-fact and agent for the subject application;
11. Duly notarized Deed of Assignment executed by the inventor in favor of the applicant;
12. Request Form PCT/IPO/501 (optional but recommended); and
13. Request Form PCT/RO/101 (may not be translated into English).

It must be emphasized that in order for a foreign entity or individual to file and prosecute its patent application with the Philippine Intellectual Property Office, it must appoint a local or Philippine agent or representative.

4. Philippine Industrial Design                                 

The Intellectual Property Code of the Philippines defines an industrial design as any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors; provided that such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft. Simply put, it is that aspect of a useful article which is ornamental or aesthetic.

Generally, industrial designs are important for handicrafts, jewelry, mobile phones, packaging materials, furniture, electrical appliances, accessories, boxes, architectural structures and other products.

It is important to protect an industrial design because it enables the owner to prevent others from copying or imitating the industrial design without his consent. He can also prevent parties from importing, selling, manufacturing or making products bearing his industrial design.

In order to protect an industrial design, one must file an application with the Philippine Intellectual Property Office. The requirements for filing a new industrial design application are as follows:
1. Filing Letter;
2. Request for Registration of Industrial Design;
3. Specifications, Claims and Formal Drawings;
4. Special Power of Attorney executed by the authorized representative of the applicant designating a Philippine Firm as its attorney-in-fact and agent for the application;
5. If the applicant is claiming convention priority, a certified copy of the foreign application, together with an English translation thereof;
6. Payment of filing fees.

After an industrial design application is filed, it will be subjected to formality examination. If there are no issues or problems, the application will be recommended for publication and thereafter published. If there is no opposition or adverse information within two (2) months from publication, the application will be considered registered as of the date of publication. Finally, a Certificate of Registration will be issued by the Philippine Intellectual Property Office.

It must be noted that the registration of the Industrial Design shall be valid for five (5) years from the filing date of the application. It may be renewed for not more than two (2) consecutive periods of five (5) years each, by paying the renewal fee. Hence, in order to maintain these registrations, the registrant must pay the renewal fees within twelve (12) months preceding the expiration of the period of registration. 

5. Philippine Utility Model                                 

An invention patent is concerned with any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable. Such definition makes it difficult for people to secure an invention patent because most matters or products have already been invented. One may wonder what type of protection can be given to those who have succeeded in improving an existing product or technology. The answer to this is a utility model. Oftentimes referred to as a “petty patent”, a product may be protected as a utility model if it is new and industrially applicable. A utility model may be applied for useful machines, tools, products, processes and the like. More importantly, improvements of such products or even existing inventions can be protected as utility models.

In a world where copying is rampant, it is important to secure protection for a utility model. If no protection is applied for and sought, anyone can just copy, sell, distribute and manufacture such product. This will deprive the real maker of the profits that he should have earned from the sale or distribution of his product.

In order to protect a utility model, one must file an application with the Philippine Intellectual Property Office. The requirements for filing a utility model application are as follows:
1. Filing Letter;
2. Request for Registration of Utility Model;
3. Specifications, Claims, Abstract and Formal Drawings;
4. Special Power of Attorney executed by the authorized representative of the applicant designating a Philippine Firm as its attorney-in-fact and agent for the application;
5. If the applicant is claiming convention priority, a certified copy of the foreign application, together with an English translation thereof;
6. Payment of filing fees.

After a utility model application is filed, it will be subjected to formality examination. If there are no issues or problems, the application will be recommended for publication and thereafter published. If there is no opposition or adverse information within two (2) months from publication, the application will be considered registered as of the date of publication. Finally, a Certificate of Registration will be issued by the Philippine Intellectual Property Office.

It must be noted that the registration of the Industrial Design shall be valid for seven (7) years from the filing date of the application without possibility of renewal.  

6. Philippine Copyright 

The Philippines adheres to the basic postulate that copyright is protected from the moment of creation. Hence, copyrights are merely deposited with the Philippine National Library and/or Philippine Intellectual Property Office.

Under Philippine intellectual property laws, works are protected by the sole fact of creation, irrespective of their mode or form of expression. Registration and deposit with the National Library and/or Philippine Intellectual Property Office is only for the purpose of completing the records of the National Library and the Supreme Court. There is a presumption of authorship when the name of the person is indicated on the work in the usual manner. In addition, copyright shall be presumed to subsist in the work such that an affidavit executed by the author shall be prima facie proof of the matters stated therein.


Similar to the Berne Convention, copyright subsists in original and intellectual creations which are defined by the enumeration of such works. Moreover, derivative works such as dramatizations, translations, adaptations, abridgements, arrangement, collections and compilation of materials and other data are also protected as new works. However, it shall not affect the subsisting copyright on the original works.

Philippine intellectual property laws grant both economic and moral rights to the creator. Nevertheless, there are provisions on fair use similar to those in the Berne Convention and the U.S. Copyright Law.  

Protect your intellectual property.

If you are in need of Philippine intellectual property lawyers or experts, you may visit our website www.ndvlaw.com or e-mail us at info@ndvlaw.com .

Nicolas & De Vega Law Offices is a full-service Philippine law firm. We are at the heart of the Ortigas Center Business District at the 16th Floor, Suite 1607 AIC Burgundy Empire Tower, ADB Avenue, Pasig City, Metro Manila. Our building is in front of Robinson’s Galleria Mall and Crowne Plaza Hotel, along ADB Avenue. There is ample parking in Robinson’s Galleria Mall.

You may call us at the following numbers:
+632 84706126
+632 84706130
+632 84016392
+632 85466126
+632 86960397 

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