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HARAKENZO
WORLD PATENT & TRADEMARK


OSAKA
HEAD OFFICE

DAIWA MINAMIMORIMACHI BLDG.,
2-6, 2-CHOME-KITA, TENJINBASHI,
KITA-KU,OSAKA 530-0041 JAPAN
TEL:+81-6-6351-4384
(Main Number)
FAX:+81-6-6351-5664
(Main Number)
E-Mail:

TOKYO
HEAD OFFICE

WORLD TRADE CENTER BLDG. 21 F,
2-4-1, HAMAMATSU- CHO, MINATO-KU,
TOKYO 105-6121,JAPAN
TEL:+81-3-3433-5810
(Main Number)
FAX:+81-3-3433-5281
(Main Number)
E-Mail:


HIROSHIMA
OFFICE

NOMURA REAL ESTATE HIROSHIMA BLDG. 4 F, 2-23 TATEMACHI, NAKA-KU, HIROSHIMA CITY, HIROSHIMA 730-0032, JAPAN
TEL:+81-82-545-3680
(Main Number)
FAX:+81-82-243-4130
(Main Number)
E-Mail:

To be opened
on March.1.2018

NAGOYA
OFFICE

GLOBAL GATE 9F, 4-60-12 HIRAIKE-CHO, NAKAMURA-KU, NAGOYA-SHI, AICHI 453-6109, JAPAN
TEL:+81-52-589-2581
(Main Number)
FAX:+81-52-589-2582
(Main Number)
E-Mail:


In the background of the HARAKENZO trademark is a global map wherein countries/regions are sized according to the number of patents registered there in 1991.

Privacy policy


Information on Developing Countries
(BRICs, VISTA, et cetera)
Patent engineering staff specialized in patent affairs : Makoto NAGAO
Design/trademark staff specialized in design/trademark affairs : Yuki YAMAZAKI
OSAKA HEAD OFFICE TEL
OSAKA HEAD OFFICE FAX
E-mail
: + 81-6-6351-4384
: + 81-6-6351-5664
:
     
     

Republic of the Philippines



Basic Information

Name: Republic of the Philippines

Capital: Manila

Area: 299, 404 square kilometers (approximately 80 percent of the area of Japan), comprised of 7,901 islands.

Population: 92.34 million (2010 Philippine Census)

Patent Office Homepage:http://www.ipophil.gov.ph/ (English)




Patent Law

Progress in number of applications and number of registered patents (from 2005 to 2016) ※source: Intellectual Property Office of the Philippines website

No. of Applications No. of Registrations
Year Non Resident (Foreign) Resident (Domestic) Total Non Resident (Foreign) Resident (Domestic) Total
2005 2,731 210 2,941 1,660 15 1,675
2006 3,036 227 3,263 1,258 54 1,312
2007 3,282 193 3,475 1,988 126 2,114
2008 3,099 210 3,309 868 150 1,018
2009 2,724 175 2,899 1,685 98 1,783
2010 3,224 167 3,391 1,058 26 1,084
2011 2,969 190 3,159 1,125 26 1,151
2012 2,803 180 2,983 1,386 18 1,404
2013 2,885 205 3,090 2,039 29 2,068
2014 3,024 263 3,287 1,999 23 2,022
2015 3,039 284 3,323 2,009 24 2,033
2016 442 47 489 283 5 288

Basic Information

  • Language: English or Filipino
  • Items excluded from protection (Article 22 of the IP Code)

・ discoveries, scientific theories, mathematical methods and designated pharmaceutical products

・ performance of mental acts

・ schemes, rules, and methods for playing games or conducting business

・ computer programs

・ methods for treating the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body

・ plant varieties, animal breeds, or essentially biological process for the production of plants or animals

・ aesthetic creations

・ anything which is contrary to public order or morality


* Designated pharmaceutical products
...mere discoveries of new forms of properties of already-known substances that do not improve the already-known effects of the said substances, mere discoveries of some new properties or new uses of already-known substances, or the mere use of already-known methods. However cases which allow the manufacture of new products in which the already-known method includes at least one type of new reactant are not excluded.


  • Duration (Article 54 of the IP Code): 20 years (no system for an extension of the duration available)


The process from application to registration





Disclosures that are not disadvantageous (Article 25 of the IP Code)

If conditions 1. and 2. below are fulfilled, the disclosure of information below does not become a reason for lack of novelty.

  • 1. The disclosure of information was included in a patent application within 12 months prior to the application date or the priority date.
  • 2. The following cases apply to the aforementioned application:
      (a) the disclosure was carried out by the inventor(s),
      (b) the disclosure was carried out by the Intellectual Property Office, and
        i ) was described in another patent application made by the inventor(s) and needed to be disclosed by the Intellectual Property Office, or
        ii) was described in a patent application made without knowledge or consent of the inventor(s) by a third party which had gained the information directly or indirectly from the inventor(s)
      (c) the disclosure was carried out by the aforementioned third party


Publication (Article 44 of the IP Code)

  • Publication after 18 months from the application date or priority date
  • Publication together with a search report which cites documents that indicate prior art


Substantive examination (Article 48 of the IP Code)

  • Within 6 months from the publication date


Amendments ※source: homepage of the IP Information Database on Developing Countries, etc.

Patent applications can be amended at the examination stage it no new matter is included (Article 49 of the IP Code).

  • The period for response is usually 2 months.
  • Up to two time extensions are available. However, the total of the original period of response and the extended period cannot exceed 6 months (Regulation 929). Fees for time extension are necessary.


Divisional Applications ※ source: homepage of the IP Information Database on Developing Countries, etc.

  • Before a new application is withdrawn, abandoned, or granted a patent, it is possible to file a divisional application. However, it is stipulated that the content of the divisional application must not exceed the content of the new application. (Regulation 611)
  • Divisional applications for inventions that were not selected after an order related to a violation of unity are allowed (1) within 4 months after issuance of the written order or (2) within an additional time period granted within the up to 4 months (Article IP 38 of the IP Code).


PPH Pilot Program

  • The trial phase of the PPH pilot program with the JPO was extended for 3 years on March 12, 2018 (further extensions are possible).
  • PPH Pilot Program came into effect from July 1, 2017 between the Intellectual Property Office of the Philippines (IPOPHL) and the EPO (the first enforcement period: three years)
  • PPH is now available between the IPOPHL and each of the JPO (Japan), the USPTO (U.S.) and the KIPO (South Korea).


ASPEC (ASEAN Patent Examination Co-operation) program

* Reference URL:https://www.globalipdb.jpo.go.jp/application/6142/




  • ・ The ASPEC program aims for ASEAN member states (AMS) to cooperate in substantive examinations of patent applications. Participation in this program allows results of search and substantive examination of your patent application to be shared between the AMS that are participating in the program (hereinafter referred to as the "participating states"), including Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, The Philippines, Singapore, Thailand, and Viet Nam.
  • ・ The ASPEC program operates in the English language in the IP offices of all the participating states. Filing a request for participation in the ASPEC program does not require documents translated into the local languages of the participating states.
  • ・ If at least one claimed invention of your patent application has been placed into condition for allowance as a result of substantive examination performed in one of AMS (except for Myanmar), then you can file a request for participation in the ASPEC program in the participating states.
  • ・ Filing a request for participation in the ASPEC program in the first and second AMS IP offices is free of charge. However, local search and examination fees at the IP offices of the participating states still apply.



(Reference) Average period of time from filing of a patent application to registration of the patent application * see the Invention 2017 No.10

  • All applications: approximately 5 years and 11 months
  • Foreign application: approximately 5 years and 11 months
  • Domestic application: approximately 5 years and 10 months


Note: This average was calculated from 50 patent rights registered in 2015 or later.
Foreign application means an application which was filed by an Applicant who lived in a country other than the Philippines.
Domestic application means an application which was filed by an Applicant who lived in the Philippines.



Others

  • The Intellectual Property Office of the Philippines (IPOPHL) became the International Searching Authority (ISA) and the International Preliminary Examining Authority (IPEA) on October 5, 2017.


Utility Model Law

Progress in number of applications and number of registrations (from 2005 to 2016) ※source: Intellectual Property Office of the Philippines website

No. of Applications No. of Registrations
Year Non Resident (Foreign) Resident (Domestic) Total Non Resident (Foreign) Resident (Domestic) Total
2005 30 527 557 21 287 308
2006 20 527 547 31 552 583
2007 26 400 426 36 732 768
2008 30 527 557 38 435 473
2009 15 512 527 20 356 376
2010 32 594 626 21 283 304
2011 38 649 687 15 373 388
2012 29 692 721 22 396 418
2013 32 651 683 21 443 464
2014 19 758 777 25 532 557
2015 45 753 798 37 492 529
2016 8 108 116 12 102 114

Basic Information

  • Language: English or Filipino
  • Items excluded from protection

=> The same as patent.

  • Duration: 7 years


The process from application to registration:





(Reference) Average period of time from filing of a utility model application to registration of the utility model application * see the Invention 2017 No.10

  • All applications: approximately 10 months
  • Foreign application: approximately 1 year and 10 months
  • Domestic application: approximately 8 months
  • Note: This average was calculated from 20 utility model rights registered in 2015 or later.





Design Law

Progress in number of applications and number of registrations (from 2001 to 2010) ※ source: Intellectual Property Office of the Philippines website

Number of applications (cases) Number of registrations (cases)
Year Foreign Domestic Total Foreign Domestic Total
2001 316 382 698 241 152 393
2002 335 448 783 530 352 882
2003 343 667 1,010 544 457 1,001
2004 476 536 1,012 45 329 374
2005 619 646 1,265 332 426 758
2006 486 475 961 306 293 599
2007 434 431 865 865 468 1,333
2008 581 640 1,221 721 493 1,214
2009 320 458 778 213 309 522
2010 415 432 847 324 318 642

Duration: five years from the filing date

(However, with payment of a renewal fee, up to two extension periods of five years each may be granted).


The process from application to registration:





Trademark Law

Progress in number of applications and number of registrations (from 2001 to 2010) ※ source: Intellectual Property Office of the Philippines website

Number of applications (cases) Number of registrations (cases)
Year NS Foreign Domestic Total Foreign Domestic Total
2001 0 4,536 5,125 9,661 3,145 477 3,625
2002 2 4,740 6,281 11,023 3,091 661 3,756
2003 5 4,969 6,847 11,821 2,563 611 3,177
2004 1 5,272 6,870 12,143 5,099 1,694 6,798
2005 1 5,681 7,047 12,729 6,816 3,208 10,024
2006 2 6,169 8,323 14,494 7,634 5,030 12,666
2007 0 6,391 8,687 15,078 10,195 7,433 17,629
2008 1 6,978 8,874 15,853 7,286 6,588 13,875
2009 3 6,079 8,833 14,915 5,408 4,903 10,311
2010 1 7,076 9,744 16,821 5,974 5,806 11,780

Duration: 10 years from issuance of registration certificate (renewal is possible upon filing of a renewal application every 10 years).

Notes of caution after obtaining a right:

*Both a Declaration of use and evidence of use must be submitted within three years from the filing date

* Both a Declaration of use and evidence of use must be submitted between the 5th and the 6th year from the registration date.

In a case when the above-mentioned Declaration of use and evidence of use are not submitted, the registration is canceled.


The process from application to registration:





Patent&Trademark Attorney


Chief of Free IP-Counseling Center
Patent&Trademark Attorney
Specialist
Makoto NAGAO
Makoto NAGAO Majored in applied physics, faculty of science
Area of expertise: Mechanics, Physics and Information technology

With my experience and knowledge acquired here, I will try my best to be good assistance for clients to obtain rights as desired, for inventions, which are results of clients’ earnest efforts.

Tokyo Legal Department Trademark Division Manager / Legal Department
Patent&Trademark Attorney
Researcher
Yuki YAMAZAKI
Yuki YAMAZAKI Born 1987
Majored in Law
Specialties: Design & Trademark

The environment surrounded by intellectual property is increasing daily on a worldwide scale. Bearing that in mind while always in accordance with the expectations of the client, I will work hard to grow and improve my skills.
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