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Philippines: Community Review Process explained




On September 10, the Intellectual Property Office (IPOPHL) launched the Community Review Process open to all industry associations. This is in line with its objective to promote transparency and facilitate the flow of information in granting patents, utility model and industrial design registrations.

Under Rule 801 of the revised implementing rules for patents, an application, including all related documents, which has not yet been published, shall not be available for inspection without the consent of the applicant. After publication, any interested party may inspect the complete description, claims and drawings as filed with the IPOPHL. In addition to publishing the application in the E-Gazette which is available to the public, the IPOPHL takes it one step forward under Rules 802 and 1700, by notifying the concerned community, identified as an industry association in the Philippines, of such publication involving patents, utility models and industrial designs.

Under Rule 803 for patents, third parties may file their written observations concerning the patentability of the published invention including matters pertaining to novelty, inventive step, and industrial applicability citing relevant prior art, within six months from the date of publication or the date of the request for substantive examination whichever comes later. In the case of utility models and industrial designs, under Rule 1701, any person within 30 days from publication may present his written adverse information by way of a sworn statement, concerning the novelty or industrial applicability of the utility model or industrial design. Any of the parties can request a conference with the IPOPHL for better understanding. Comments, observations and adverse information received by the IPOPHL in proper form shall form part of the records of the file wrapper of the subject application and shall be considered by the IPOPHL in the examination of the application. The IPOPHL shall notify the parties of its decision, if and when the patent is granted, after issuance of the patent certificate.

Editha R Hechanova

Hechanova & Co., Inc.
Chemphil Bldg.
851 Antonio Arnaiz Avenue
Makati City 1223, Philippines
Tel: (63) 2 812-6561
Fax: (63) 2 888-4290
editharh@hechanova.com.ph 
www.hechanova.com.ph


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