- PART 1 GENERAL PROVISIONS
- Rule 1. Title
- Rule 2. Definitions
- Rule 3. Application of the PCT and PCT Regulations
- Rule 4. Effect of an International Application.
- Rule 5. Seeking Two (2) Kinds of Protection; Prohibition Against Filing of Parallel Applications
- Rule 6. Delivery Service
- Rule 7. Appointment of Resident Agent or Representative
- PART 2 INTERNATIONAL PHASE
- Rule 8. The IPO as a Receiving Office
- Rule 9. International Search and International Searching Authority
- Rule 10. International Preliminary Examination and International Preliminary Examining Authority
- Rule 11.. Language Prescribed by the Receiving Office
- Rule 12. Translation for the Purposes of International Search
- Rule 13. Documents and Correspondence
- Rule 14. Keeping of Records and Files.
- Rule 15. The International Application
- Rule 16. The R
- Rule 17. The Description
- Rule 18. The Claims
- Rule 19. The Drawings
- Rule 20. The Abstract
- Rule 21. Priority Claim
- Rule 22. Physical Requirements
- Rule 23. Who May File An International Application
- Rule 24. Where to File an International Application
- Rule 25. According of International Filing Date and its Effect
- Rule 26. Transmittal of the International Application
- Rule 27. The International Publication and its Effect
- Rule 28. Demand for International Preliminary Examination
- Rule 29. Manner of Making Corrections.
- Rule 30. Delays in Meeting Time Limits
- Rule 31. Recording of Changes
- Rule 32. Withdrawals
- Rule 33. Certified Copies of the International Application and Priority Document
- PART 3 NATIONAL PHASE
- Rule 34. The IPO as a Designated or Elected Office.
- Rule 35. Entry Into National Phase
- Rule 36. Entry Into the National Phase of an International Application Claiming The Priority of an Earlier Philippine National Application
- Rule 37. Review by IPO as a Designated Office
- Rule 38. Time Limit to Submit the Priority Document
- Rule 39. Procedure for Grant of Patent
- Rule 40. Application of the IPO Fee Structure
- PART 4 FEES DURING INTERNATIONAL PHASE
- Rule 41. Fees to be Collected by the IPO
- Rule 42. Due Dates and Extension of Time Limits for Payment of Fees Collected by IPO.
- Rule 43. Fees for the Benefit of IPO; Form, Manner and Currency of Payment.
- Rule 44. Fees for the Benefit of IB and ISA; Form, Manner and Currency of Payment
- Rule 45. Fees Payable to the IPEA
- Rule 46. Refunds
- Rule 47. Reduction in Fees
- PART 5 FINAL PROVISIONS
PHILIPPINE RULES ON PCT APPLICATIONS
PART 1
GENERAL PROVISIONS
Rule 1. Title.- These rules shall be known as the Philippine Rules on PCT Applications
or “PRo-PCT”.
Rule 2. Definitions. - Unless otherwise specified, the following terms and acronyms
shall be understood as follows:
(a) “Administrative Instructions” means that body of instructions for operating under the
Patent Cooperation Treaty referred to in PCT Rule 89;
(b) “designated Office” means a national patent office or intergovernmental organization of
or acting for the State designated by the applicant under Chapter I of the Treaty;
(c) “designated State” refers to the State in which protection for the invention is desired
on the basis of the international application and which is designated under Chapter I of
the Treaty;
(d) “Director General” means the Head of the Intellectual Property Office of the
Philippines;
(e) “elected Office” means a national patent office or intergovernmental organization of or
acting for the State elected by the applicant under Chapter II of the Treaty;
(f) “elected State” refers to the State in which protection for the invention is desired on the
basis of the international application and which has been elected under Chapter II of
the Treaty;
(g) “IB” and “International Bureau” mean the International Bureau of the World Intellectual
Property Organization as referred to in PCT Article 2(xix);
(h) “International Application” and “PCT Application” mean an application filed under the
Treaty;
(i) “International Searching Authority” or “ISA” and “International Preliminary Examining
Authority” or “IPEA” mean a national patent office or intergovernmental organization as
appointed under the Treaty which processes international applications as prescribed
by the Treaty and PCT Regulations;
(j) “IP Code” means Republic Act No. 8293 otherwise known as the Intellectual Property
Code of the Philippines;
(k) “IPO” or “Office” means the Intellectual Property Office of the Philippines;
(l) “IPO Fee Structure” means the rules and regulations establishing the fees and charges
of the Intellectual Property Office of the Philippines;
(m) “PCT” and “Treaty” mean the Patent Cooperation Treaty;
(n) “PCT-EASY” means the software made available by the International Bureau for
facilitating the preparation of the request part of an international application, and
printing thereof, for filing together with a computer diskette prepared using that
software, containing a copy in electronic form of the data contained in the request and
of the abstract;
(o) “PCT Regulations” means the set of rules, referred to in PCT Article 58 and annexed to
the Treaty referred to as the Regulations Under the PCT;
(p) “Priority Date” for the purposes of computing time limits under the PCT is defined in
PCT Article 2(xi) as follows:
(i) where the international application contains a priority claim under PCT
Article 8, the filing date of the application whose priority is so claimed;
(ii) where the international application contains several priority claims
under PCT Article 8, the filing date of the earliest application whose priority
is so claimed;
(iii) where the international application does not contain any priority claim
under PCT Article 8, the international filing date of such application;
(q) “receiving Office” means a national patent office or intergovernmental organization with
which the international application has been filed;
Other terms and expressions not defined in this rule are to be taken in the sense
of the Treaty and PCT Regulations.
Rule 3. Application of the PCT and PCT Regulations. – In all matters not specifically
provided for under these Rules, the provisions of the Treaty, PCT Regulations and PCT
Administrative Instructions shall apply in the processing of an international application during
the international phase of the application. In the event of conflict between these rules and
those of the PCT, the provisions of the latter shall apply.
The international phase covers the period from the filing of the application in
accordance with the PCT until the application enters the national phase.
Rule 4. Effect of an International Application. - 4.1. An international application,
which has been accorded an international filing date in accordance with the Treaty and
PCT regulations, shall have the effect of a national application for a patent or utility model,
respectively, regularly filed with the Intellectual Property Office as of the international filing
date, which date shall be considered to be the actual filing date in the Philippines. (PCT Article
11(3))
4.2. Subject to Review by the IPO under Rule 36, an international application that is
withdrawn or considered withdrawn under the Treaty and PCT Regulations, before the
applicant has entered the national phase in the Philippines as provided in Part 3 of these
rules, that international application is likewise withdrawn or considered withdrawn in the
Philippines. (PCT Article 24)
Rule 5. Seeking Two (2) Kinds of Protection; Prohibition Against Filing of Parallel
Applications. - In respect of the Philippines as a designated or elected State, an applicant
cannot seek two (2) kinds of protection for the same subject, one for utility model
registration and the other for the grant of a patent whether simultaneously or consecutively.
(PCT Article 43, IP Code Section 111)
Rule 6. Delivery Service. – Where the applicant sends a document or letter through
mail and that document or letter is lost or reaches the IPO after the expiration of the
applicable time limit under the Treaty and PCT Regulations and these Rules, PCT Rules
82.1(a) to (c) shall apply provided that the delivery service used is registered mail by a postal
authority.
Rule 7. Appointment of Resident Agent or Representative. – (a) An applicant who is
not a resident of the Philippines shall appoint and maintain an agent or representative
residing in the Philippines upon whom notices or processes for judicial or administrative
procedure may be served relating to the international application filed with the IPO as a
receiving, designated or elected Office. An applicant who is a resident of the Philippines may
likewise appoint and maintain an agent or representative residing in the Philippines for the
same purpose. The list of registered resident agents or representatives is available in the IPO
website.
(b) Where the international application is filed with the IPO as a receiving Office, the
appointment of an agent must be effected in the Request form, signed by all applicants, or in
a separate power of attorney submitted to the IPO where the Request form is signed by the
appointed agent in accordance with PCT Rule 90.4. The separate power of attorney does not
require legalization or notarization.
(c) For purposes of the procedure before the IPO as a designated or elected Office, the
manner of appointing an agent or representative shall comply with the requirements
prescribed in the implementing rules and regulations of the IP Code.
PART 2
INTERNATIONAL PHASE
Rule 8. The IPO as a Receiving Office. – 8.1. The IPO shall act as a Receiving
Office only for applicants who are residents or nationals of the Philippines. (PCT Article
2 (xii) and (xv), PCT Article 10, PCT Rule 19)
8.2. The IPO, when acting as a Receiving Office, will be identified by the full
title “Philippine Receiving Office” or by the abbreviation “RO/PH.” (Section 107(b) of the
PCT Administrative Instructions)
8.3. Without prejudice to the national security and interests of the Republic of the
Philippines, the IPO shall perform all acts connected with the discharge of duties of a
Receiving Office under the Treaty and PCT Regulations. The functions of the IPO as a