How to register an Industrial Design
in the Philippines

An industrial design in the Philippines is defined an ornamental or aesthetic aspect of an article that may consist of three dimensional features such as shape or surface of an article, or of two dimensional features, such as patterns, lines or color.
            Industrial designs in the Philippines are preferred to be protected through its registration in the Intellectual Property Office. The registration will give the owner of the industrial design an assurance of an exclusive right against unauthorized copying, or imitation of the design. Philippine laws on registration of industrial designs ensure fair competition and fair trade practices.
            An application for registration of an industrial design shall be written in Filipino or English and shall be filed either directly to the Bureau or by post and addressed to the Director. The application shall contain the following:

1. A request for the grant of the patent- this shall contain the petition for the grant of the registration, the applicant’s name and address; title of the industrial design; designer’s name; if the request is with a claim for convention priority, it shall contain the file number, country of origin and the date of filing in the said country where the application was first filed; it shall also contain the name and address of the resident agent/representative (if any); and the signature of the applicant or resident agent/representative.
2. A description of the industrial design;
3. Drawings necessary for the understanding of the industrial design;
4. One or more claims
5. Abstract which contains a concise summary of the industrial design;
6. Deed of Assignment in cases where the application is in the name of a person other than the designer.     

The application is subjected to a formal examination. Publication in the Intellectual Property Office Gazette follows as soon as amendments to the application are approved and an application for publication is duly filed. If there is no opposition to the application, the application shall be confirmed for registration and eventually issued a certificate of registration. A third party is allowed to request for a Registrabililty Report. In case there is opposition, the application shall be submitted to the Bureau of Patents Director, who will in turn decide on the matter. The decision of the Director may be appealed to the Director-General who will finally settle the matter.

The grant of registration will be published in the IPO Gazette within 6 months. Industrial design registration shall last for five years from the period of application, renewable for not more than two consecutive periods of five years each and upon payment of renewal fees.