The Philippines: Examination guidelines for ICT and computer related inventions

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

The Philippines: Examination guidelines for ICT and computer related inventions

On January 17 2018, the Intellectual Property Office of the Philippines issued its Guidelines on the Examination of Information Communications Technology (ICT) and Computer Implemented Inventions (CII), as a result of increasing demand for patent protection in these fields. In the past, patent examiners applied the general guidelines for patent examination, but difficulties encountered by patent examiners resulting in inconsistent decisions on patent grants and refusals necessitated the issuance of separate examination guidelines. These guidelines do not have the force of law but are meant to assist the examiners in determining whether the claimed inventions comply with the substantive law (Sections 21 and 22 of the Intellectual Property Code of the Philippines (IP Code) and its Implementing Rules 201 and 202).

ICT refers to all electronic means to access, create, collect, store, process, receive, transmit, present and disseminate information. CII are inventions involving computers, computer networks or other programmable apparatus where prima facie one or more of the features are realised by means of a program or programs. The guidelines apply to the examination of patent applications for inventions in the ICT field such as information systems, communication systems, telecommunications, radio communications, computer implemented systems, software related systems, data mining systems, computer information networking systems, computer operating systems, embedded systems, data warehousing systems, network and data security systems, multimedia design systems, content delivery systems, digital broadcasting, graphic representation devices, website development platforms, application development platforms, system development platforms, cloud computing infrastructure, ubiquitous computing frameworks, mobile computing systems, internet of things (IoT) infrastructure, virtual infrastructure, electronic commerce systems, electronic services systems, electronic workflow frameworks, object modelling systems, image or video processing systems, photonics systems, machine learning systems, artificial intelligence systems, distributed systems, robotic systems, sensing devices and big media modelling systems.

Section 21 of the IP Code defines an invention capable of being patented as any technical solution to a problem in any new field of human activity which involves an inventive step and is industrially applicable, and may be or may relate to a product, a process or an improvement thereof. Section 22 lists inventions that are non-patentable, and those which relate to ICT and CII are further explained in Rule 202. Under this rule, the following are excluded from patent protection:

a) discoveries, scientific theories, mathematical methods, a law of nature, a scientific truth or knowledge of such;

b) abstract ideas or theories, fundamental concepts, apart from the means or processes for carrying out the concepts to produce a technical effect;

c) schemes, rules, and methods for performing mental acts and playing games;

d) method of doing business, such as a method or system for transacting business without the technical means for carrying out the method or system;

e) programs for computers.



Hechanova

Editha R Hechanova

Hechanova & Co., Inc.

Salustiana D. Ty Tower

104 Paseo de Roxas Avenue

Makati City 1229, Philippines

Tel: (63) 2 812-6561

Fax: (63) 2 888-4290

editharh@hechanova.com.ph 

www.hechanova.com.ph

more from across site and SHARED ros bottom lb

More from across our site

Heath Hoglund, president of Via LA, discusses how it sets royalty rates and its plans to build on growth in China
Stobbs stands accused of interfering with the administration of justice after Brandsmiths’ client was subjected to an interim injunction for unjustified threats
The firm, known for its prosecution expertise, discusses its plans following the appointment of a UK-based patent litigation head and two new partners
Ed White at Clarivate provides an exclusive insight into the innovation power clusters reshaping Europe and the Middle East’s IP landscape, and why quality is the new currency of invention
In the first in a new podcast series celebrating the tenth anniversary of IP Inclusive, we look back at the network’s origins and discuss its mission
Rebecca Schwarz at Haynes Boone shares how her team secured victory for biopharma client RedHill in a licensing dispute involving a developmental cancer drug
News of a breakaway firm launching in Germany and a spike in vaccine-related patent applications were also among the top talking points
A flurry of hiring activity among UK firms suggests they are confident of mounting a serious challenge at the UPC
With the submission deadline approaching, we sat down with our research team to provide top tips on how to make your firm stand out
EA, owner of video games including Madden and The Sims, will be sold to a consortium including Saudi Arabia’s Public Investment Fund and a firm owned by Donald Trump’s son-in-law
Gift this article