IPO Fee Structure Rules and Regulations

“Bureau” refers collectively to the IPO bureaus: Legal Affairs, Patents, Trademarks, Documentation/Information/Technology Transfer, MIS and EDP, and Administrative/Financial/HR.
“Director” and “Director General” denote the heads or officers-in-charge of these bureaus and the entire IPO, respectively.
“Examiner” is an Intellectual Property Rights Specialist in Patents or Trademarks bureaus.
“Fees” are charges for IPO services and goods, imposed on direct recipients.
Other terms include IP Code (Republic Act No. 8293), IPO Gazette, and IRR (implementing rules and regulations).

Small entity: natural/juridical persons with assets ≤ P20 million, and all Philippine government entities and government-owned/controlled corporations.
Big entity: anyone not qualifying as a small entity.
Entities are presumed big unless a written statement is submitted to assert small entity status.
Small entities receive a 50% fee reduction unless otherwise stated.
Reduction claims must be made at payment with a one-time written statement per application or case.
Changes in entity status do not entitle retroactive refunds or fee increases.

All fees must be paid in advance before the IPO renders services or supplies materials.
Fees are due on or before prescribed due dates; if unspecified, due upon request submission or filing.
Payment accepted in Philippine currency via cash, money order, bank drafts, or checks.
Date of payment: cash on receipt; for other instruments, upon receipt and honor on first presentment covering full amount.
Payments accepted only during regular business hours at IPO cashier.
If payment insufficient or unpaid, IPO may allow up to two months from notice mailing for full payment; no refunds of prior partial payments.
Documents must be submitted during regular working hours.

A mandatory legal research fund is imposed, amounting to 1% of the fee paid but not less than P2.00 per fee.
Lawful public or private entities, Philippine or foreign, may donate to IPO with Director General approval.
Excess payments without error by IPO are deemed donations.
Fees or payments made in error attributable to IPO are refundable unless waived and deemed donations.

General fees apply across all IPO bureaus.
Recordal/annotation of patent and trademark assignments from small to big entities, when filed before publication or opposition, shall be published no earlier than the relevant publication event.
Certification, certified copies, printouts, conference fees, publications, reconstitution of records, and recordal of assignments have specified fees.
Small entities pay reduced fees where applicable.

Pre-examination fees include filing fees, excess sheet/claim surcharges, priority requests, divisional applications, and conversion fees.
Examination fees cover extensions to file responses, substantive examination, revival, and amended page preparation.
Post-examination fees apply for issuance of letters patent, amendments, petitions for surrender or corrections.
Annual fees increase progressively from the 5th to the 20th year.
Additional annual fees apply for claims exceeding five.

Similar fee structure as invention patents tailored to utility models and industrial designs.
Fees include filing, excess sheets or claims, priority request, divisional application, conversions, examination, registration issuance, amendments, cancellations, extension of term petitions, etc.

Special schedules cover pre-examination, examination, post-examination including re-issuance, reinstatements, extension of terms, and annual fees.
Annual fees depend on patent issuance date and increase yearly.

Fees encompass filing per class, claims for priority, color, distinctiveness, priority examination requests, extensions, divisional applications, revival, suspension, amendments, registration issuance, transfers, petitions, renewals, declarations of actual use, and other motions.

Inter partes cases include oppositions, petitions for cancellation, compulsory licensing, motions, postponements, and transcript requests.
Administrative complaints include complaint filing, motions for attachment, injunction, cease and desist orders, destruction orders, amendments increasing damages, motions, postponements, hearings outside IPO premises, and transcript costs.
Small entity fee reduction does not apply to administrative complaints.

Fee structure to be reviewed as necessary; fees may only be increased once every two years by up to 15%, unless higher rates mandated by law or directives.
Fees paid under the former Bureau before these Rules' effectivity are deemed fully paid if made timely.
Fee payments due at Rules effectivity extended until September 30, 2000, without surcharge; payments after until November 30, 2000, with surcharge.
Previous conflicting rules and fee regulations are repealed.
Invalidity of any provision does not affect the remainder of the Rules.
Certified copies of the Rules to be furnished to government institutions including the University of the Philippines Law Center, Office of the President, Congress, Supreme Court, and the National Library.
These Rules take effect immediately upon adoption.