Title
IPOPHL Revised Fee Structure 2017
Law
Ipophl Memorandum Circular No. 16-012 Series Of 2016
Decision Date
Nov 29, 2016
The IPOPHL's Revised Fee Structure of 2017 updates the fee schedule for intellectual property services to address inflation, streamline operations, and support new mandates, with differentiated rates for small and big entities, as well as reduced fees for youth filers.
patent application
fee structure
administrative law
A

Legal basis, consultation, and intent

  • Section 7 of Republic Act No. 8293 confers authority on the Director General to manage functions, including establishing fees for applications and other services.
  • The fee structure is designed to rationalize and streamline the schedule previously implemented in January 2004.
  • The rationalization is intended to address inflation and rising operational costs, support additional mandates and developmental programs/advocacies, and reduce or abolish redundant fees.
  • Compliance with public consultation requirements is tied to DOF-DBM-NEDA Joint Circular No. 1-2013, the implementing rules for Administrative Order No. 31 s. 2012 on rationalization of rates of fees and charges.
  • The Secretary of the Department of Trade and Industry approved the IPOPHL Revised Fee Structure.

Core definitions and classifications

  • “Big entity” means any natural or juridical person whose assets are worth more than P100M, or any person that does not fall under “small entity.”
  • “Small entity” means any natural or juridical person with assets worth not more than P100M, or any government entity/agency/office/bureau/unit of the Philippine government including government-owned or controlled corporations, state universities and colleges, and government-owned or government-run schools.
  • “Youth filer” means a natural person who has not reached 22nd birthday at filing, or a group of natural persons all of whom have not reached the 22nd birthday at filing.
  • “Bureau” refers to BLA, BOP, BOT, DITTB, BCORR, MISB, and FMAS Bureau.
  • “Fees” are costs imposed on direct recipients of public goods and services by IPOPHL, including charges and other costs.
  • “IPOPHL Gazette” is IPOPHL’s publication for matters required to be published under the IP Code, including e-Gazette forms unless otherwise specified.
  • “Publication fee” refers to publication in the IPOPHL Gazette.
  • “IP Code” means Republic Act No. 8293, as amended.
  • “IRR” refers to rules and regulations (including amendments) promulgated by IPOPHL.

Fee payment rules and timing

  • All fees must be collected in advance of any service or materials being furnished.
  • IPOPHL must not act on any pending transaction or request unless the prescribed fee is paid in full and on or before the due date.
  • Fees must be paid on or before the due date prescribed in the IP Code or the IRRs; if no due date is specified, fees are due upon submission or filing incurring the fee.
  • Fees may be paid in cash, money order, bank drafts, cheques in Philippine currency, and other IPOPHL-prescribed modes; on-line transaction fees are paid in the form prescribed by the applicable IRRs.
  • Where the schedule provides “BIG” and “SMALL” rates, big entity pays the BIG column rate, and small entity pays the SMALL column rate; where the schedule has a single rate, it applies to both.
  • Any person is presumed big entity unless a written statement to the contrary is submitted at filing (or case filing) by the person or duly authorized representative.
  • A small entity may claim the SMALL column rate by submitting the written statement only once for each application or case.
  • A change from big entity to small entity does not create any refund of earlier payments; a change from small entity to big entity does not increase fees already paid prior to recordal of the change.
  • An applicant/party paying as small entity may be required to submit proof/evidence confirming status any time prior to grant, registration, finality of decision, or release of documents; failure leads IPOPHL to assess and no document is released until the assessed amount is paid.
  • A youth filer pays fees at the SMALL rate; when the schedule provides a single rate, the youth filer pays 50% (fifty percent) of the prescribed fee.
  • The youth filer 50% rule applies to all fees connected with the application, and if registered, to maintenance, extension, or renewal, and all fees in connection with any case before IPOPHL or a bureau where the application/registered IP is directly involved.
  • The youth filer benefit applies only if ownership remains with the youth filer; for any assignment/transfer/change in the owner, the age requirement must be met by all subsequent assignees/transferees/additional applicants or registrants.
  • A youth filer may claim the youth filer rates at filing by submitting a statement that they have not reached the 22nd birthday; if a group, each member individually or together submits the statement.
  • Fees are deemed paid as follows:
    • Cash: date of receipt of cash of the full amount.
    • Money order/cheque/bank draft: date of receipt, if honored upon first presentment and covering the full amount due.
    • On-line and other modes: date specified in the applicable IRRs.
  • Payment must be made during regular working days and business hours Monday to Friday, 8:00 a.m. to 5:00 p.m. at the IPOPHL cashier.
  • If an official response/pleading/document requires a fee, payment must be made not later than 4:30 p.m. and submission must be made not later than 5:00 p.m.
  • Submission of official responses/pleadings/documents must be made during Monday to Friday, 8:00 a.m. to 5:00 p.m.; if a fee is due, payment must be made not later than 4:00 p.m. and submission not later than 5:00 p.m.
  • Failure to pay full amounts:
    • IPOPHL may give an opportunity to fully pay, and may issue notice.
    • Failure to pay the full amount creates no refund of amounts already paid.
    • On-line transactions must still be paid in full under applicable IRRs.

Legal Research Fund and payment errors

  • All fees and charges are subject to the Legal Research Fund (LRF) required by Presidential Decree No. 200 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.
  • All fees or excess amounts paid without fault on IPOPHL’s part are deemed as a donation to the Office.
  • If fees/excess amounts are paid due to IPOPHL error, the applicant/party may file a refund request with the Financial Management and Administrative Services Bureau within 30 days from the payment date.
  • If no request is filed within 30 days, or if the request is found not meritorious, the fees/excess amounts inure to IPOPHL and are deemed a donation.

General fees and publication-related charges

  • Section 12 establishes general fees applicable to services/materials furnished by all IPOPHL bureaus and offices.
  • The schedules expressly list the following general/publication and processing-related fees:
    • IPOPHL Publications: At cost for both Small Entity and Big Entity.
    • Document Retrieval Fee (2-3 days): PHP 207.00/box for both.
    • Document Retrieval Fee (express - 1 day): PHP 560.00/box for both.
    • Request for Reconstitution of Records: PHP 900.00 for both.
    • Certification: PHP 370.00 for both.
    • Certified True copy: PHP 500.00 for both.
    • Computer print-out (per printed sheet): PHP 20.00 for both.
    • IPOPHL Box (annual): PHP 3,000.00 for both.
    • Photocopy (domestic) (per printed sheet): PHP 3.50 for both (with prevailing rate to be determined and announced from time to time).
    • 12-month subscription to E-Gazette: PHP 12,600.00 for both.
    • Appeal to the Bureau Director from refusal/rejection/examiner’s action/final orders or decisions: PHP 3,300.00 for both.
    • Appeal to the Director General from the Bureau Director decision: PHP 5,500.00 for both.
    • Other motions: PHP 300.00 (Small) and PHP 700.00 (Big).
    • Request for Deferment of Publication: PHP 1,000.00 (Small) and PHP 2,000.00 (Big).
  • Enforcement action fees include filing a Verified Enforcement Complaint by the IPR Holder at PHP 2,000.00 for both.

Patent fees (invention)

  • Section 13 sets fees for invention patents.
  • Pre-examination fees include:
    • Filing fee (invention): PHP 2,000.00 (Small) and PHP 4,320.00 (Big).
    • For each sheet in excess of thirty (30): PHP 18.00 (Small) and PHP 36.00 (Big).
    • Sequence listings for INV in excess of 4000 pages: PHP 0.60 (Small) and PHP 2.40 (Big).
    • For each claim in excess of five (5): PHP 180.00 (Small) and PHP 360.00 (Big).
    • Request for right of priority per priority claim: PHP 1,000.00 (Small) and PHP 2,160.00 (Big).
    • Request for extension of time to file priority documents: PHP 740.00 (Small) and PHP 1,560.00 (Big).
    • Divisional application (for each division): PHP 2,000.00 (Small) and PHP 4,320.00 (Big).
    • Conversion from Utility Model to Invention: PHP 690.00 (Small) and PHP 1,440.00 (Big).
    • Early Publication (request for publication before expiration of 18 months from filing date or priority date): PHP 6,600.00 for both.
  • Publication fee for invention: PHP 920.00 (Small) and PHP 960.00 (Big).
  • Examination fees include:
    • Request for extension of time to file Response - first: PHP 360.00 (Small) and PHP 720.00 (Big).
    • Request for extension of time to file Response - second: PHP 390.00 (Small) and PHP 780.00 (Big).
    • Substantive Examination: PHP 2,010.00 (Small) and PHP 4,200.00 (Big).
    • Early Substantive Examination: PHP 2,500.00 (Small) and PHP 5,000.00 (Big).
    • Revival fee: PHP 570.00 (Small) and PHP 1,200.00 (Big).
    • Revival fee for non-payment of 1st Publication Fee: PHP 920.00 (Small) and PHP 960.00 (Big).
    • Request for Accelerated Substantive Examination: PHP 500.00 (Small) and PHP 1,000.00 (Big).
    • Accelerated Substantive Examination Fee: PHP 6,600.00 (Small) and PHP 13,320.00 (Big).
  • Post-examination fees include:
    • Issuance of Letters Patent certificate (invention): PHP 600.00 (Small) and PHP 1,200.00 (Big).
    • Amendment or correction in the Certificate of Patent: PHP 300.00 (Small) and PHP 600.00 (Big).
    • Formal/clerical correction without fault of Office: PHP 360.00 (Small) and PHP 720.00 (Big).
    • Substantive correction: PHP 860.00 (Small) and PHP 1,800.00 (Big).
    • 1st Assignment of application (small to big entity): PHP 5,500.00 plus publication fee.
    • 1st Assignment of issued patent (small to big entity): PHP 7,200.00 plus publication fee.
    • Any other assignment/document affecting title: PHP 350.00 plus publication fee (Small) and PHP 700.00 plus publication fee (Big).
    • 2nd Publication Fee: PHP 920.00 (Small) and
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