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the application is not new, inventive or industrially applicable, the Bureau shall notify the applicant of the reason for refusal/rejection giving the applicant the chance to defend or amend the application. Decision to Grant Patent Registration or Decision of Refusal If the examiner finds no reason for refusal of the application, or if the notice of reason for refusal is satisfactorily complied with by amendment or correction, the examiner issues a decision to grant the patent registration. Any interested party may inspect the complete description, claims, and drawings of the patent on file with the Office. Appeal (a) Every applicant may appeal to the Director of Patents the final refusal of the examiner to grant the patent within two (2) months from the mailing date of the final refusal.
The application shall be deemed automatically cancelled/withdrawn in case of non-payment of such fees; (b) Drawing(s) necessary to understand the invention; (c) An abstract; and (d) If the priority of an earlier filed application is being claimed, the details of the claim, i.e. The date of filing is very important under the present “first-to-file” system because it serves to determine, in case of a dispute with another applicant for the same invention, who has the right to the patent. Publication of Unexamined Application After the formality examination, search and the classification of the field of technology to which the invention is assigned, the application together with the results of the search (which contains a list of published patent applications or issued patents for inventions, which are identical or equivalent to those claimed by the application), will be published in the IPO Gazette (after the expiration of 18 months from the filing date or priority date).
After the publication of the application, any person may present observations in writing concerning the patentability of the invention.
Application for Invention Patent The application for a grant of Philippine Patent (for Invention) must be filed with the Bureau of Patents (BOP) of the Intellectual Property Office (IPO) through the Receiving Section/Counter of the Administrative, Financial and Human Resource Development Services Bureau (AFHRDSB) located at the ground floor of the IPO Building.
To obtain a filing date, the following has to be submitted: (a) Properly filled-out Request Form for a Grant of Philippine Patent; (b) Name, address and signature of applicant(s); for non-resident applicant, the name and address of his/her/their resident agent; and (c) Description of the invention and one or more claims.