The Intellectual Property Code of the Philippines as amended lays down the procedure for the grant of a patent. The office tasked with such an undertaking is the Intellectual Property Office of the Philippines (IPO).
The process is initiated by an applicant when he or she files an application for the grant of a patent containing the following information:
The date of filing of an application shall be the date when the Intellectual Property Office receives an application containing the following elements:
The application date is important in instances where a patent grant is being contested by two or more persons. Under the first-to-file rule, the applicant who has the earlier filing date shall be the one entitled to the patent. In the event that an application has all of the elements required, it shall be accorded a filing date. Otherwise, the applicant shall be given an opportunity to correct the deficiencies. In the event that such deficiencies have not been corrected after being given the opportunity to do so, the application shall be denied. The applicant shall then be required to pay the required fees in order for the application to be considered.
After the application has been given a filing date and the required fees have been paid, a formal examination shall be made regarding the information required to appear in the application. If after the examination it has been determined that all of the formalities required in an application are present, the application shall be classified according to the claims made. After being included in a particular classification, a search shall be conducted for prior art. A prior art is defined as everything which has been made available to the public anywhere in the world, before the filing date or the priority date of the application claiming the invention and the whole contents of an application for a patent, utility model, or industrial design registration. The presence of a prior art or invention may have adverse effects on an application and may even become the basis for the cancellation of an existing patent. The patent application shall also be published in the IPO Gazette together with a search document established by or on behalf of the Office citing any documents that reflect prior art, after the expiration of eighteen (18) months from the filing date or priority date. After such publication, any interested party may inspect the application documents filed with the Office. Following the publication, any individual may also make written observations concerning the patentability of the invention. Within 6 months from the date of the publication, the applicant must request for a substantive examination from the IPO otherwise his or her application shall be considered as withdrawn.
If all of the requirements of the Act are present, the patent shall be granted provided that all the fees are paid in time. Otherwise, the application shall be deemed withdrawn. In case the application is refused, the applicant may appeal with the Director of the Bureau of Patents. After the grant, the same shall be published in the IPO Gazette together with other related information.