Term of Patent
- Patent term is fixed at 20 years from the application filing date.
- Patent rights cease if mandated annual fees are not timely paid.
- Patents may also be terminated upon cancellation consistent with the Intellectual Property Code and relevant regulations.
Annual Fees: Due Dates and Payment
- First annual fee due at the expiration of four years from the publication date of the application.
- Subsequent annual fees are payable on each anniversary thereafter.
- Payments can be made within three months prior to due dates.
- Annual fee obligation ends if the application is withdrawn, refused, or cancelled.
- For Patent Cooperation Treaty (PCT) national phase entries, the first fee is due four years from the international publication date.
Application Publication Date Definition
- The publication date is when the IPOPHL E-Gazette containing the application is released for circulation.
- For example, if released on January 15, then the first annual fee is due four years later on January 15.
Non-Payment of Annual Fees and Grace Period
- If an annual fee is unpaid by due date, a non-payment notice is published in the IPOPHL E-Gazette.
- The notice is also mailed immediately to the patent owner, applicant, or resident agent.
- A six-month grace period follows publication during which fees, surcharges, and publication fees must be paid in full.
- Failure to pay within the grace period results in the application being deemed withdrawn or the patent considered lapsed.
- A notice of withdrawal or lapse is published and recorded in the Office's registers.
Publication of Industrial Design Applications
- Industrial design applications are published in the IPOPHL E-Gazette after formality examination before registration.
- Immediate publication upon filing is possible if all formal requirements are met:
- Description, claims, and drawings comply with regulations.
- Filing and other required fees are fully paid.
- Priority claim documents are submitted if applicable.
- Any additional formal requirements mandated by the Office are satisfied.
Time for Response and Withdrawal Due to Non-Response
- Time for applicant responses and withdrawal of applications for failure to respond follow rules analogous to patent regulations (Rules 928, 929, 929.1, 930).
- These provisions apply similarly to utility models and industrial designs.
Reconstitution of Application File Wrappers
- Rules on file wrapper reconstitution for patent applications apply mutatis mutandis to utility models and industrial designs.
- This ensures proper restoration or reconstruction of application documentation as regulated under Rule 931 for patents.