Philippines Industrial Design

PHILIPPINES INDUSTRIAL DESIGN

1. Legislation:

The Intellectual Property Code of the Philippines (Republic Act No. 8293).
2. Definition:

An industrial design is any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors; Provided, That such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft.

3. Criteria:

Only industrial designs that are new or original shall benefit from protection. Industrial designs dictated essentially by technical or functional considerations to obtain a technical result or those that are contrary to public order, health or morals shall not be protected.

4. Rule of Priority:

Applications for priority have to be made within six months from the earliest filing date of the corresponding foreign application.

5. Duration and Renewal:

A design once registered is valid for a term of 5 years from the date of filing of the application and may be renewed for not more than 2 consecutive periods of 5 years each.

PHILLIPINES INDUSTRIAL DESIGN APPLICATION

1.Searching
This is the first step before an application is made for the registration of a design. Although a prior search is optional it helps in determining the existence of previous designs.

2.Application
Every applicant is required to submit an application to the Intellectual Patent Office in the prescribed form after which a filing date will be issued.

3.Examination
An examination of the design will be conducted after which examination and reports and will be submitted to the applicant within two months from filing date.

4. Registrability Report
Within two months from mailing date of the examination report, the applicant must request for a registrability report from the IPO.

A registrability report contains the citations of relevant prior art documents with appropriate citations as to their degree of relevance which will serve as an aid in determining the validity of the industrial design with respect to the requirement of novelty or newness.

5.Registration
If the application meets all criteria for registration and the IPO fails to receive any action from the applicant, the industrial design shall be deemed registered upon the expiration of 2 months from the mailing date of the search report and a certificate of registration will be issued in due course.

6.Publication
Within six months from registration, the industrial design will be published in the form of a bibliographic data and representative drawing in the IPO Official Gazette, together with the registrability report if one was requested.

7.Protection and Renewal
A design once registered is valid for a term of 5 years from the date of filing of the application and may be renewed for not more than 2 consecutive periods of five years each.

Charges

INDUSTRIAL DESIGN APPLICATION IN PHILIPPINES

Items Official Fees (USD) Professional Fees (USD)
1. Filing Application
- Multiple Application – USD 130 / design
333 200
2. Priority Claim 100 100
3. Issuance of Certificate 110 134
TOTAL 543 434

* Multiple application is available.

Documents Required for Application

BASIC REQUIREMENTS

Documents Legalization/ Notarization Time of Filing
1. Six (6) sets of representations must be drawings or photographs and shall be a size of not more than 160mm X 160mm. No On filing date
2. Power of Attorney Notarization Within 1 month from filing date
3. Deed of Assignment Notarization Within 1 month from filing date
4. Priority Document (if claiming priority) No Within 1 month from filing date

MAINTENANCE FEES OF INDUSTRIAL DESIGN

Items Official Fees (USD) Professional Fees (USD)
Second renewal 197 59
Third renewal 239 72
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