Amended Philippine implementing rules and regulations for patents in 2022
The Intellectual Property Office of the Philippines (IPOPHL) has issued a Revised Implementing Rules and Regulations (IRR) for Patents, Utility Models, and Industrial Designs that went into effect on 20 September 2022.
Amended Philippine implementing rules and regulations for patents
The following are a few significant amendments to the IRR to keep in mind:
- At the time of filing, a general or particular power of attorney is now necessary. If a power of attorney is not included with the application when it is filed, it can be considered invalid.
- General powers of attorney are no longer required to be notarized, and e-signatures are now accepted.
- The description now must include a summary of the invention, and if one is lacking, the application may be rejected for being insufficient.
- A filing date won’t be assigned to an application that is considered insufficient. The day when all conditions for a complete application have been satisfied is the filing date.
- Multiple dependent claims, claims directed to genus, species, and Markush-type claims will all be subject to claim fees, and excess claim fees must be fully paid at the time of submission.
- If any deficit claim fees are not fully paid during the grace period, the unpaid claims will be deleted. There is a one-month grace period starting from the notice of the payment deficit.
- Since the original or previous divisional application was granted or canceled, voluntary divisional applications may now be submitted within four months of that date.
- It is now possible to challenge a necessity to separate based on a lack of unity objection when it is rendered final and ask that the four-month window for submitting required divisional applications not begin until the appeal is settled.
- The required divisional application must be submitted within four months of either the date the requirement to divide becomes final or the date the appeal’s decision was given.
- The timeframe to apply is four months from the day the division requirement is made official, or four months from the date of the election, in the event of a required divisional application based on an earlier divisional application.
- Applications for required divisions may be filed with a two-month extension.
- The number of extensions of time for responding to office activities has been reduced from two to one, each lasting two months.
- After the application has been published and a request for examination has been made, it is now possible to seek an accelerated examination.
- Instead of four months, the time limit for submitting an appeal against the refusal of an application has been reduced to two months as of the posting date of the notice of final rejection.
- Instead of four months, the time limit for submitting a petition to reinstate a withdrawn application has been reduced to three months as of the notice’s mailing date.
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