QuestionsQuestions (IPOPHL MEMORANDUM CIRCULAR NO. 16-012 Series of 2016)
Section 7 of Republic Act No. 8293 (IP Code) empowers the Director General to manage and direct IPOPHL functions, including the establishment of fees for filing, processing, and other services/materials provided by the Office.
To address inflation and rising operational costs, support additional mandates/services and developmental programs, and reduce or abolish redundant fees.
IPOPHL complied with the requirements of DOF-DBM-NEDA Joint Circular No. 1-2013 (implementing rules for the rationalization of rates of fees and charges).
It takes effect on 01 January 2017, after publication in a newspaper of general circulation and posting on the IPOPHL website.
All fees must be collected in advance of any service to be rendered or materials to be furnished; IPOPHL may not act on a pending transaction/request unless the prescribed fee is paid in full and on or before the due date.
A big entity pays the fee in the ‘BIG’ column, while a small entity pays the fee in the ‘SMALL’ column. If the schedule provides a single rate, it applies to both.
Any natural or juridical person is presumed to be a big entity unless a written statement to the contrary is submitted. A small entity may claim the ‘SMALL’ rate at filing by submitting the written statement once per application/case.
IPOPHL may assess the party, and no document shall be released without payment of the assessed amount (subject to applicable IP Code/IRR provisions).
A youth filer pays the ‘SMALL’ rate; if the schedule has a single rate, the youth filer pays only 50% of the prescribed fee. The discount applies as long as ownership remains with the youth filer, and for any assignment/transfer, the age requirement must be met by all subsequent assignees/transferees/additional applicants.
For cash: the date of receipt of the amount due in full. For money order/cheque/bank draft: the date of receipt, provided the payment is honored upon first presentment and covers the amount due in full.
Payment shall be made not later than 4:00 PM when a fee is due, but submission of documents must be not later than 5:00 PM. Transactions occur during 8:00 AM–5:00 PM, with an extra 4:30 PM cutoff for submissions requiring fee payment (in the text under Section 7).
Subject to the IP Code/IRR, IPOPHL may give an opportunity to fully pay or may issue notice. Failure to pay the full amount shall not result in any refund of any amount already paid.
All fees/charges are subject to LRF at 1% of the fee paid, but not less than PHP 2.00. IPOPHL must furnish the University of the Philippines Law Center reports on its collection and remittance of the LRF.
Fees/excess amounts paid without fault on IPOPHL’s part are deemed a donation. If due to IPOPHL error, the applicant may request refund within 30 days from payment; otherwise or if not meritorious, it inures to IPOPHL as donation.
Examples include: document retrieval fees (2–3 days: PHP 207/box for both; express 1 day: PHP 560/box for both), request for reconstitution of records (PHP 900), and appeal fees (PHP 3,300).
Pre-examination includes the invention filing fee, additional charges for excess pages/claims/sequence listings, request for right of priority per priority claim, request for extension of time to file priority documents, divisional application fee, and conversion from utility model to invention; plus other related items listed under the pre-examination heading.
Old rates apply if the due date is prior to 01 Jan 2017, or if an extension to pay was granted before 01 Jan 2017 with a due date on/after 01 Jan 2017 (or due falls on a non-working day with next working day on/after 01 Jan 2017). New rates apply if the applicant/party is assessed due to failure to file proof/evidence confirming small entity/youth filer status, notwithstanding prior payment/extension.
A change from big to small entity does not result in refund of previously paid amounts. A change from small to big entity does not result in increase of fees already paid, unless/when the recordal of change occurs (as stated in Section 5.3).