Amendments to design and utility model patents

Notices of granted design or utility model patents must be published in the Official Gazette.

Initial patent term is five years from grant date.
Extension for additional five years allowed upon payment and proof of commercial/industrial use or justification of non-use.
Further extension for a third five-year period also allowed under similar conditions.

Patented articles must be marked either as "Philippine Design Patent" or "Philippine Utility Model Patent" with appropriate abbreviations and patent number.

Infringement includes unauthorized copying for trade or industry, including making, using, or selling products bearing the patented design or model.
Identity or substantial identity with patented design/model serves as evidence of infringement.

Petition to cancel patent or claims can be filed within three years from publication of patent grant.
Grounds include lack of novelty or patentability, non-compliance with specification requirements, or fraudulent patent ownership.

True inventor/designer may petition for cancellation if patent was obtained fraudulently.
Successful petitioner can obtain a patent even despite prior knowledge or use, provided application filed within six months after final cancellation.
New patent term fixed: 17 years for inventions, 5 years for designs or utility models from original patent issue date.

Parties may appeal Director's final decisions on patents, interference, cancellation, or compulsory licensing to the Supreme Court.
Petition for review does not stay actions on other pending applications unless directed by the Supreme Court.

Falsely representing an unpatented article as patented is punishable by fines (PHP 100 to PHP 1,000) and/or imprisonment (1 month to 1 year).
Legal actions must be initiated within two years (prescriptive period).

Filing application for invention patent (including publication): PHP 200.
Annual fees starting fifth year: PHP 100 each.
Surcharge for delayed annual fee payment: PHP 25.
Reinstating lapsed patents: PHP 100.
Filing petitions for cancellation: PHP 50 (except Solicitor General).
Filing petition for compulsory license: PHP 100.
Filing application for design or utility model patent (including publication): PHP 75.
Renewal of design or utility model patent: PHP 75.
Surcharge for late renewal: PHP 20.
Other fees as regulated by the Director.