OFFICE ORDER NO. 128 .
Series of 2003
Subject: RESTRUCTURING THE FEE STRUCTURE OF THE INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES
WHEREAS, Republic Act No. 8792, otherwise known as the Electronic Commerce Act, directs all government agencies to promote the use of electronic documents or electronic data messages in government and to the general public, and, accordingly, the Intellectual Property Office of the Philippines (IPOPhil) embarked on computerization under its 2000-2004 Information Systems Strategic Plan such as the on-line searchable trademark database which is available on the IPOPhil website and the development of the on-line filing system for trademark which will be deployed in 2004 as well as the automation of its other systems;
WHEREAS, the IPOPhil must continue the streamlining of its procedures which includes the modernization of human resource capabilities, automation of systems, enhancement of working conditions and the establishment and maintenance of a customer-oriented performance management system;
WHEREAS, the rates of fees in the Rules and Regulations Establishing the Fee Structure of the Intellectual Property Office, known as the “IPO Fee Structure”, were based on rates promulgated by the then Bureau of Patents Trademarks and Technology Transfer in 1994 and adjusted using conditions that existed prior to the Asian financial crisis which started in mid 1997, and have not been reviewed for more than three years since their effectivity on 04 July 2000 certain provisions of which need to be updated to help recover the IPOPhil’s cost to operate, perform its services and furnish materials effectively and efficiently;
WHEREFORE, pursuant to the provisions of the Intellectual Property Code, the following rules and regulations restructuring the fees and charges of the IPOPhil, superceding for the purpose the Rules and Regulations Establishing the Fee Structure of the IPO (IPO Fee Structure), are hereby promulgated:
PART I
DEFINITIONS
Section 1. Title. These Rules shall be known and referred to as the “IPOPhil Fee Structure”.
Section 2. Definition of terms and acronyms. Unless otherwise specified, the following terms and acronyms shall mean or refer to:
- (a) “Bureau” refers to any or all of the bureaus of the IPO namely:
- • Bureau of Legal Affairs or BLA
- • Bureau of Patents or BOP
- • Bureau of Trademarks or BOT
- • Documentation, Information and Technology Transfer Bureau or DITTB
- • Management Information Systems and EDP Bureau or MIS-EDPB
- • Administrative, Financial and Human Resource Development Services Bureau or AFHRDSB
(b) "Director" refers to any or all of the Directors or Officer-in-Charge of the bureaus of the IPOPhil
(c) "Director General" refers to the Director General of the IPOPhil
(d) "Examiner" refers to an Intellectual Property Rights Specialist in the Bureau of Patents or Bureau of Trademarks
(e) "Fees" refer also to charges and costs; refer to costs imposed on direct recipients of public goods and services provided and performed by the IPOPhil in the exercise of its functions
(f) "IP Code" means Republic Act No. 8293 or the Intellectual Property Code of the Philippines
(g) "IPOPhil" or "Office" refers to the Intellectual Property Office of the Philippines created by the IP Code
(h) “IPO Gazette” refers to the IPOPhil’s own publication where all the matters required to be published under the IP Code shall be published and, unless otherwise specified, shall include any form thereof including electronic form or e-gazette
(i) “Publication fee” refers to publication in the IPO Gazette
(j) “IRR” refers to rules and regulations (including any and all amendments) promulgated by the IPOPhil
SECTION 3. Small and big entity; Presumption; Reduction. — For purposes of assessment and payment of fees:
(a) A small entity is:
1. Any natural or juridical person whose assets are worth Twenty Million Pesos (P20M) or less; or,
2. Any entity, agency, office, bureau or unit of the Philippine government including government-owned or controlled corporations, state universities and colleges and government-owned or government-run schools.
(b) A big entity is any natural or juridical person other than a small entity as defined above.
(c) Any natural or juridical person is presumed to be a big entity unless a written statement to the contrary is submitted by such natural person or the duly authorized representative of such juridical person.
(d) A youth filer is any natural person who has not reached his or her twenty second (22nd) birthday at the time of filing his or her application.
Youth filer also refers to a group of natural persons all of whom have not reached their twenty second (22nd) birthday at the time of filing their application.
(e) A youth filer shall pay fees at the rate listed under the column SMALL and shall pay only fifty percent (50%) of the prescribed fee where the schedule provides for a single rate.
This applies to all the fees in connection with the application and, if registered, the maintenance, extension or renewal of registration and all the fees in connection with any case before the Office or any IPOPhil Bureau where the application, or if already registered, the registered intellectual property is directly involved; PROVIDED that ownership of the application or registration remains with the youth filer; Provided, Further, that in case of any assignment, transfer or any other change in the owner of the application or registration, the age requirement specified in section 3 (d) is met by all the subsequent assignees, transferees, or additional applicants or registrants.
(f) Where the schedule of fees provides for rates under the BIG and SMALL columns, a big entity shall pay the fee at the rate under the BIG column while a small entity shall pay the fee at the rate listed under the SMALL column.
Where the schedule provides for a single rate, that rate shall apply to both a big entity and a small entity.
(g) A youth filer may claim to pay the rate under the SMALL column and the fifty percent (50%) reduction of rate at the time of filing the application by submitting a statement that he or she has not reached his or her twenty-second (22nd) birthday. If the youth filer is a group, all of them shall, individually or together, submit the statement.
(h) A small entity may claim to pay the rate listed under SMALL column at the time of filing the application or case by submitting the written statement referred to in paragraph (c) of this section. Said written statement shall be submitted only once for each application or case.
(i) The change in status or any assignment or other transfer from big entity to small entity shall not result in any refund whatsoever of any payment made prior to the submission of the written statement referred to in Section 3 (c). A change in status, assignment or other transfer from small entity to big entity shall not result in any increase of fees paid prior to the recordal of the change, assignment or other transfer.
SECTION 4. Electronic Filing, Reduction. Applications filed via electronic means pursuant to the applicable IRRs shall be entitled to twenty percent (20%) reduction of rates of the following fees only:
Reference
Code |
Type of Fee |
E-FILING REDUCED FEES |
INVENTION BIG SMALL
201 |
1.1. Filing Fee |
2,800.00 |
1,400.00 |
202 |
1.2. For each sheet in excess of thirty (30) |
24.00 |
12.00 |
203 |
1.3. For each claim in excess of five (5) |
240.00 |
120.00 |
204 |
1.4. Request for right of priority |
1,400.00 |
720.00 |
UTILITY MODEL AND INDUSTRIAL DESIGN
301 |
1.1. Filing Fee |
2,400.00 |
1,200.00 |
302 |
1.2. For each sheet in excess of thirty (30) |
24.00 |
12.00 |
303 |
1.3. For each claim in excess of five (5) in Utility Model |
160.00 |
80.00 |
304 |
1.4. For each embodiment in excess of one (1) in Ind. Design |
1,300.00 |
600.00 |
305 |
1.5. Request for right of priority |
1,300.00 |
600.00 |
TRADEMARK
501 |
1.1 Filing Fee (per class) |
1,728.00 |
864.00 |
502 |
1.2 Claim for Convention Priority (per class) |
1,300.00 |
600.00 |
503 |
1.3 Claim of color, claim of distinctiveness (per class) |
400.00 |
200.00 |
504 |
1.4 Request for Priority Examination |
4,160.00 |
2,080.00 |
All other fees shall be based on the prescribed rates without reduction except only fifty percent (50%) reduction that a youth filer may claim as herein provided.
PART II
GENERAL PROVISIONS
SECTION 1. Fees payable in advance. — All fees shall be collected in advance of any service to be rendered or materials to be furnished. The Office may not act on any pending transaction or request unless the prescribed fee is paid in full and on or before the due date.
SECTION 2. Due date for fees. — Fees shall be paid on or before the due date prescribed in the IP Code or IRRs. Where no due date is specified, the fees shall be due upon submission or filing of the request for the service or material incurring the fee.
SECTION 3. Payment of fees. — Fees shall be paid in cash, money order, bank drafts and/or cheques in Philippine currency. Payment of fees for on-line transactions shall be in the form prescribed by the applicable IRRs.
SECTION 4. Date of payment. — Fees shall be considered to have been paid as follows:
(a) In case of cash payment: the date of receipt in cash of the amount due in full.
(b) In case of money order, cheque or bank draft payment: the date of receipt of the money order, cheque or bank draft provided that the same is honored upon first presentment and provided that the payment covers the amount due in full.
(c) Payment in the form prescribed for on-line transaction: the date specified in the applicable IRRs.
SECTION 5. Time and place of payment. — Payment transactions shall be made during regular working days and business hours from Monday to Friday 8:00 a.m. to 12:00 p.m. and 1:00 to 5:00 p.m. to the IPOPhil cashier only. Payment for on-line transactions shall be made in accordance with the applicable IRRs. Where any official response, pleading or other document or paper is to be submitted for which a fee is required, the payment shall be made not later than 4:00 pm and submission shall nevertheless be made not later than 5:00 p.m.
SECTION 6. Non-payment or Insufficiency of the amount paid. — Subject to the IP Code or the applicable IRR, the Office may give the person making the payment the opportunity to fully pay the fee or any deficiency within a maximum period of two (2) months from mailing date of the notice. Failure to pay the full amount shall not result in any refund whatsoever of any amount already paid. On-line transactions shall be paid in full in accordance with the applicable IRR.
SECTION 7. Time and place for submission of documents. — Any official response, pleading or other document or paper, whether or not a fee is due, shall be submitted to the Office during regular working days and business hours from Monday to Friday, at 8:00 a.m. to 12:00 p.m. and 1:00 to 5:00 p.m. Where a fee is due, the same must be paid not later than 4:00 pm and submission shall nevertheless be made not later than 5:00 p.m.
SECTION 8. Legal Research Fund. — All fees and charges shall be subject to the payment of the legal research fund required by Presidential Decree No. 200 at the rate of one percent (1%) of the fee paid but not less than Two Pesos (Php 2.00).
SECTION 9. Donation to the IPO. — Any lawful Philippine or foreign, natural or juridical, public or private, including international or intergovernmental entity, may donate to the IPOPhil subject to the approval of the Director General and/or a duly designated officer.
All fees or excess amounts paid to the IPOPhil without mistake on the part of the Office shall inure to the benefit of, and shall be deemed as donation to, the Office. All donations may be certified by the duly authorized personnel of the IPO for any and all lawful purposes.