The Philippines, a hub for electronics, business process outsourcing, and agriculture, offers a vibrant market with a growing consumer base. Protecting intellectual property (IP) is essential to combat trademark squatting, prevent patent infringement, and ensure brand integrity in a first- to-file system. Our firm provides expert IP services to safeguard your trademarks and inventions in the Philippines.

Trademarks

Trademark protection in the Philippines is governed by the Intellectual Property Code of 1997, amended in 2012, administered by the Intellectual Property Office of the Philippines (IPOPHL). The Philippines is a member of the Paris Convention and Madrid Protocol.

Trademark Registration Process

Securing a trademark in the Philippines involves a well-defined process. The key steps include:

1. Trademark Search: Conduct a search through IPOPHL’s database to ensure the mark is not already in use or registered.

2. Filing the Application: Submit the trademark application to IPOPHL, providing details such as the mark, the class of goods/services (based on the Nice Classification), and applicant information. Applications must be in English or Filipino.

3. Examination: IPOPHL examines the application for distinctiveness and non-conflict with existing marks, typically within 6-9 months.

4. Publication: Approved marks are published in the IPOPHL e-Gazette, providing a 30-day opposition period.

5. Opposition Period: During the 30-day window, third parties can challenge the registration if they believe it infringes their rights.

6. Registration: If no opposition is filed or if the opposition is resolved in your favor, the trademark is registered, and a certificate is issued.

The entire process typically takes 12-18 months, depending on oppositions or delays. Our firm ensures an efficient registration experience.

Patents

Patent protection in the Philippines is governed by the Intellectual Property Code of 1997, amended in 2012, administered by the Intellectual Property Office of the Philippines (IPOPHL). The Philippines is a member of the PCT, Paris Convention, and TRIPS Agreement.

● Patentable Subject Matter: Inventions that are new, involve an inventive step, and are industrially applicable are patentable. Exclusions include discoveries, scientific theories, and cannabis-related inventions due to restrictions under the Comprehensive Dangerous Drugs Act of 2002.

● Patent Types: The law covers invention patents, utility models, and industrial designs. Plant varieties are protected separately.

● Duration: Invention patents last 20 years; utility models 7 years, both from the filing date, non-renewable.

● Examination Process: IPOPHL conducts formal and substantive examinations. Applicants can request accelerated examination via ASPEC or GPPH programs, leveraging foreign examination reports.

● International Considerations: PCT filings are supported, with IPOPHL acting as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA). No explicit data exclusivity for pharmaceuticals exists.

Contact Us

Ready to protect your IP in the Philippines? Contact us today for a consultation with our expert IP team. Let us help you secure your brand and inventions in this dynamic market.