Renewal fees in the Philippines must be paid by certain dates. In this section, you will find a description of how these renewal due dates are calculated, both the very first renewal due date and all subsequent renewal due dates.
The first renewal is paid 48 months after the publication date to the Intellectual Property Office of the Philippines (IPOPHIL). This renewal must be paid regardless of whether the patent has been granted or not.
For example, if the publication date is 2022-01-20, then the first renewal must be paid by 2026-01-20.
After the first renewal has been paid, all subsequent annuities must be paid annually on the anniversary of the publication date. The due date should be the month and date corresponding to the publication date.
For example, if the publication date was on November 9, then all subsequent annuities will be due on November 9 each year.
In the Philippines, there are other types of intellectual property besides patents. These include utility models and designs.
We are currently working on articles which will explain the rules for the renewal of these types of intellectual property. If you need any help renewing these and are looking for a cost-efficient solution, get in touch with us.
In Philippines you pay a fee per individual claim above 5 claims in addition to the base renewal fee.
For example, if you are to pay annuity 5, you will have to pay the base renewal fee plus the claim fee multiplied by the number of claims above five. For the purpose of this example, we will assume that the patent has 11 claims, which will result in the following calculation: Base Renewal Fee PHP 3,272.40 + (Claim Fee PHP 424.20 x 6) = PHP 5,817.6.
There are no annuities due in Philippines before the patent is published. Once the patent has been published, annuities must be paid annually in accordance with the rules described above under the section Due Dates.
The renewal fee in the Philippines can be paid up to 3 months before the renewal due date. It is important to note that the renewal fee cannot be paid earlier than this. Any payments made before the opening of the payment window will result in the payment being rejected.
Yes, it is possible to renew a Filipino patent after its renewal due date. If you fail to pay the renewal fee before the due date, a grace period of 6 months is given wherein the renewal fees can still be settled. When entering the grace period you will incur a surcharge fee to be settled along with the renewal fee. If you wish to maintain the patent, both the renewal fee and the surcharge fee will have to be settled.
For example, if a patent has a renewal due date of 2021-05-31 and the due date is missed, the patent will enter the grace period from 2021-06-01. After this point both the renewal fee and the surcharge fee will need to be settled by 2021-11-30. Failure to pay these fees before the surcharge due date will result in the patent lapsing.
No, local representation is not necessary in order to carry out a renewal in the Philippines. Anyone can renew a patent in the Philippines if they submit the payment in accordance with the national regulations.
A patent will stay in force for 20 years in the Philippines from the filing date if successfully renewed in accordance with the rules described above. If the patent is not renewed, it will lapse by the end of the grace period measured from the latest renewal due date.