Understanding Patents and Utility Models in the Philippines: A Simple Guide

In the Philippines, the two common types of protection for inventions are patents and utility models. While both offer legal rights to inventors, they serve slightly different purposes and come with distinct advantages. Here, we break down the essentials of patents and utility models to help you understand which option might be best for your invention.

What is a Patent?

A patent grants an inventor the exclusive right to use, make, sell, or distribute an invention for a specific period, usually 20 years from the filing date. To qualify for a patent in the Philippines, an invention must meet three key criteria:

1. Novelty: The invention must be new and not publicly known or used anywhere in the world before the filing date.

2. Inventive Step: The invention must involve an inventive step, meaning it is not obvious to someone skilled in the relevant field.

3. Industrial Applicability: The invention must be capable of being used in some industry, be it agriculture, medicine, manufacturing, or any other field.

What is a Utility Model?

A utility model is a form of intellectual property protection that is similar to a patent but is more suitable for inventions that may not meet the higher standard of inventiveness required for patents. In the Philippines, a utility model is sometimes referred to as a "petty patent" and generally offers protection for simpler, less complex inventions.

Utility models are granted for a period of 7 years without the possibility of renewal. Unlike patents, utility models do not undergo a substantive examination, which makes them faster and less expensive to obtain. However, the invention must still be new and industrially applicable.

Key Differences Between Patents and Utility Models

• Inventiveness: Patents require a higher level of inventiveness compared to utility models.

• Examination Process: Patents undergo a thorough examination by the Intellectual Property Office of the Philippines (IPOPHL) to assess novelty, inventive step, and industrial applicability. Utility models, on the other hand, do not require substantive examination, making them quicker to obtain.

• Term of Protection: Patents offer protection for up to 20 years, while utility models provide protection for only 7 years with no possibility of renewal.

• Cost and Time: Obtaining a utility model is usually less expensive and quicker than obtaining a patent, making it ideal for small and medium-sized enterprises (SMEs) with limited resources.

When Should You Choose a Patent?

Opt for a patent if your invention:

• Is highly innovative and presents a significant technological advance.

• Has a potentially high commercial value that justifies the time and cost of a patent application.

• Requires a longer protection period (up to 20 years).

When Should You Choose a Utility Model?

Consider a utility model if your invention:

• Is a minor improvement or adaptation of an existing product.

• Has a short market life, and you want quick protection to gain a competitive advantage.

• Is less complex and does not meet the stringent requirements for a patent.

Filing a Patent or Utility Model in the Philippines

The filing process for both patents and utility models in the Philippines starts with preparing and submitting an application to the IPOPHL. The application must include a detailed description of the invention, claims defining the scope of protection, and any necessary drawings or diagrams.

For patents, the IPOPHL will conduct a substantive examination to verify if the invention meets all the legal requirements. This examination process can take several years.

For utility models, there is no substantive examination, and the process is generally faster, taking only 6 to 12 months from filing to grant.

Legal Framework and References

The primary law governing patents and utility models is the Intellectual Property Code of the Philippines (Republic Act No. 8293). This law outlines the requirements, processes, and protections available for different types of intellectual property. The Intellectual Property Office of the Philippines (IPOPHL) is the government agency responsible for handling IP applications and ensuring compliance with the law.

For more details, you can refer to the following resources:

• IPOPHL Official Website

• Intellectual Property Code of the Philippines (RA 8293)

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