PCT National Phase Entry into the Philippines
The Philippines is a member state of the Patent Cooperation Treaty (PCT). Accordingly, an applicant who has filed a PCT international application may seek patent protection in the Philippines by entering the Philippine national phase.
National Phase Entry Deadline
The deadline for entering the Philippine national phase is generally 30 months from the earliest priority date.
- One-Month Extension: In the Philippines, a one-month extension is available upon payment of the prescribed extension fee. Therefore, national phase entry may be made within 31 months from the earliest priority date.
- Strict Limit: This extension is available only up to the 31-month deadline. After the 31-month period has expired, PCT national phase entry into the Philippines is not available.
Best Practice: Applicants should manage the 30-month deadline as the primary deadline, and consider using the extension up to 31 months if the necessary preparations cannot be completed in time.
Required Documents and Information
In general, the following information and documents are required for Philippine national phase entry:
- International application number & International filing date
- Priority information
- Applicant & Inventor information
- Description, claims, abstract, and drawings
- Power of attorney, if required
Note: Additional documents may be required depending on the content of the application and the status of the international phase proceedings.
Language Requirement: Filing in English
PCT national phase applications in the Philippines must be filed in English.
- If filed in English: The application can generally proceed on the basis of the English documents.
- If filed in another language (e.g., Japanese): An English translation of the description, claims, abstract, and any text matter in the drawings must be submitted.
Request for Substantive Examination
In the Philippines, the substantive examination fee may be paid at the time of national phase entry.
- Deadline: If the substantive examination fee is not paid at the time of national phase entry, it must generally be paid within six months from the national phase entry date.
- Risk: If the fee is not paid within the prescribed period, the application may be deemed withdrawn.
Practical Advice: Unless there is a particular reason not to do so, it is generally advisable in practice to pay the substantive examination fee together with the national phase entry filing.
Critical Reminder: Philippine Patent Annuities
One important point to note in the Philippines is that patent annuities may become due before allowance or registration.
- Regional Contrast: In Japan, China, and Korea, annuity payments generally begin after patent registration. In the Philippines, however, annuities are required even while the application is still pending.
- Risk of Inaction: Therefore, it is necessary to manage not only the national phase entry deadline and the substantive examination request deadline, but also annuity deadlines during prosecution. Failure to pay annuities within the prescribed period may result in abandonment of the application or loss of rights.
Our Services
We support PCT national phase entry into the Philippines in cooperation with local Philippine IP professionals. Our main services include:
- Philippine national phase entry filing
- Preparation and submission of required documents
- English translation support
- Request for substantive examination
- Response to office actions
- Management of patent annuity deadlines
- Communication with the Intellectual Property Office of the Philippines
Contact Us
If you are considering obtaining patent protection in the Philippines based on a PCT application, please contact us before the national phase entry deadline.