Procedures, Registration Requirements and Examination Process for Industrial Design Applications in the Philippines

Procedures, Registration Requirements and Examination Process for Industrial Design Applications in the Philippines

To protect the design of a product in the Philippines, an application for the registration of an industrial design must be filed with the Intellectual Property Office of the Philippines (IPOPHL).

The Philippine industrial design system protects the visual and ornamental appearance of a product, rather than its technical or functional features. Protection may be considered for a wide range of designs, including general industrial products, packaging containers, furniture, household appliances, vehicles, fashion products, graphical user interface (GUI) designs, and architectural works.

1. Designs Eligible for Protection

In the Philippines, the ornamental or aesthetic appearance embodied in a product or article may be protected as an industrial design.

An industrial design may consist of, for example:

  • The shape or configuration of a product
  • Patterns, lines, or colors
  • A combination of shape, pattern, and color
  • The overall appearance of a product

Typical examples of subject matter that may be eligible for protection include:

  • Household appliances, electronic devices, and machinery
  • Motor vehicles and their parts
  • Furniture, daily-use products, and packaging containers
  • Clothing, bags, accessories, and jewelry
  • Screen designs, graphical user interfaces (GUIs), user interfaces (UIs), and icons
  • Buildings and other structures

※Whether a particular design is registrable depends on various factors, including whether the article to which the design is applied is clearly identified and whether the visual features of the design are adequately represented in the drawings or images.

2. Screen Designs, GUIs, UIs and Icons

Screen designs, graphical user interfaces (GUIs), user interfaces (UIs), and icons displayed on smartphones, tablets, computers, in-vehicle displays, household appliances, and similar devices may also be considered for industrial design protection as visual designs.

Examples include:

  • Application interface screens
  • Web service screens
  • In-vehicle display interfaces
  • Icons

When filing an application, it is important to clearly identify the product or display device on which the screen design is used and to define the screen content for which protection is sought by means of appropriate drawings or images.

Important Exclusion:

Software functions, methods of operation, computer programs, algorithms, or abstract information as such are not protectable under the industrial design system.

3. Architectural Designs and Interior/Exterior Designs

Architectural works and the designs of shops, hotels, restaurants, exhibition facilities, and similar structures may also be considered for industrial design protection in appropriate cases.

When filing an application, it is important to identify not merely an abstract spatial concept but the specific structure or article to be protected, together with its visual features and the scope represented in the drawings.

Additional Protection Advice:

In addition to industrial design protection, copyright protection should also be considered for architectural drawings and artistic expressions where appropriate.

4. Multiple Designs and Variations

Unlike Japan, the Philippines does not have an independent related design system. Accordingly, where protection is sought for multiple similar designs, each design should generally be filed as a separate application.

However, where multiple designs are based on the same design concept, share the same dominant design features, belong to the same Locarno Classification, and satisfy other applicable requirements, they may be included in a single application.

※Where an application contains multiple independent designs, IPOPHL may require the applicant to file divisional applications.

5. Deferred Publication System

The Philippines does not have a system equivalent to Japan’s secret design system. However, an applicant may request deferred publication of an industrial design application.

  • Maximum Duration: Publication may be deferred for a maximum period of 30 months from the filing date or, where priority is claimed, from the priority date.
  • Request Timing: A request for deferred publication may be made at the time of filing or, after filing, at any time before the application is published.

When Deferred Publication is Useful:

  • Where the applicant wishes to keep a new product design confidential until its commercial launch
  • Where the timing of publication needs to be coordinated with a product launch, exhibition, or commencement of sales
  • Where publication needs to be coordinated with filing schedules in multiple jurisdictions
  • Where early disclosure of a new product design to competitors should be avoided

If deferred publication is not requested, the industrial design application will, as a general rule, be published in the IPOPHL electronic gazette before registration. Where it is important to keep a new product design confidential until its commercial launch, applicants should consider requesting deferred publication and carefully coordinate their filing strategy with the timing of product announcements, advertising, and market release.

6. Principal Requirements for Registration

  • Novelty or Originality:An industrial design must be new or original in order to be registrable. A design that has been disclosed through sales, exhibitions, advertisements, the Internet, or other means prior to filing may affect its novelty.
  • Visual Appearance:The industrial design system protects the visual appearance of a product that can be perceived by the eye. Internal structures, manufacturing methods, methods of operation, or technical principles themselves are not eligible for protection.
  • Not Dictated Solely by Technical Function:A shape or configuration dictated solely by technical function may not be eligible for industrial design protection. Technical features should instead be considered for protection under the patent or utility model system.
  • Clear Relationship with the Article:Where a pattern, image, or ornamentation is claimed, the relationship between the design and the relevant product or display screen must be clearly identified.
  • Compliance with Public Order and Morality:Designs that are contrary to public order, public health, or morality are not eligible for registration.

7. Information and Documents Required for Filing

An application for industrial design registration in the Philippines generally requires the following information and documents:

  • Name and address of the applicant
  • Name and address of the creator
  • Basis of entitlement, where applicable
  • Title or name of the article embodying the design
  • Description of the design and claim
  • Drawings, photographs, or images
  • Priority information and supporting documents, where applicable
  • Power of Attorney or other documents establishing the representative’s authority, where required
  • Official filing fees

※Foreign applicants are generally required to proceed through a local Philippine representative.

8. Drawings and Photographs

Drawings and photographs are of critical importance because they determine the scope of protection of an industrial design. As a general rule, the drawings or photographs submitted should fully disclose the appearance of the design.

Typical views include:

  • Perspective view
  • Front view
  • Rear view
  • Top view
  • Bottom view
  • Left and right side views

Key Considerations:

  • Consistency: All drawings must consistently represent the same design. If the shape, pattern, or position of components differs from one drawing to another, IPOPHL may require amendment.
  • Color Protection: Where protection for color is sought, colored drawings or color photographs may be submitted.

9. Priority Claim

Where an industrial design application has first been filed in Japan or another member country of the Paris Convention, a priority claim may be made by filing a corresponding application in the Philippines within six (6) months from the filing date of the first application.

To claim priority, the applicant must provide the application number, filing date, and country of the earlier application, and submit the required priority documents within the prescribed time limit.

10. Formality Examination

After an application is filed, IPOPHL primarily examines whether the application satisfies the formal requirements.

The principal matters examined include:

  • Information concerning the applicant and the creator
  • Basis of entitlement
  • Title or name of the article embodying the design
  • Description of the design and claim
  • Format and consistency of the drawings or photographs
  • Priority information and supporting documents
  • Representative’s authority and payment of official fees
  • Whether the subject matter is clearly excluded from industrial design protection

※If any deficiencies are found, IPOPHL will issue an Office Action, and the applicant must submit the required amendments or responses within the prescribed period.

11. Registration System Without Substantive Examination as a General Rule

Unlike Japan, the Philippine industrial design system does not, as a general rule, provide for substantive examination. Applications that satisfy the formal requirements are, in principle, registered without undergoing substantive examination, except in cases where IPOPHL issues a Registrability Report on its own initiative or under other applicable circumstances.

Crucial Practical Note:

The registration of an industrial design does not necessarily mean that its novelty or originality has been conclusively confirmed. Where enforcement or licensing of the design is contemplated, it is advisable to conduct a prior design search before filing.

12. Registrability Report

An applicant or the owner of a registered industrial design may request a Registrability Report from IPOPHL.

A Registrability Report includes a search of relevant prior designs and provides reference materials relating to the registrability of the design.

It may be particularly useful in the following situations:

  • Where enforcement of the industrial design right is contemplated
  • When entering into a licensing agreement
  • In connection with an investment or business transfer
  • Where confirmation of the validity of the registered design is desired

13. Registration and Post-Registration Cancellation

An application that satisfies the formal requirements will be registered, and a Certificate of Registration will be issued.

However, even after registration, a registered industrial design may be subject to cancellation upon the request of a third party if the registration requirements have not been satisfied.

Accordingly, even though industrial designs are generally registered without substantive examination, it remains important to conduct an appropriate prior design search and to prepare accurate drawings before filing.

14. General Registration Procedure

Since substantive examination is generally not conducted in the Philippines, industrial design rights can usually be obtained relatively quickly through the following workflow:

  1. Pre-filing search and filing strategy
  2. Preparation of drawings and application documents
  3. Filing of the industrial design application with IPOPHL
  4. Formality examination
  5. Response to an Office Action (if any)
  6. Publication in the IPOPHL Electronic Gazette
  7. Registration
  8. Issuance of the Certificate of Registration

15. Key Considerations When Filing

To obtain effective industrial design protection in the Philippines, particular attention should be paid to the following:

  • File the application before the product is disclosed or placed on the market.
  • Clearly identify the article to which the design is applied.
  • Clearly illustrate the features for which protection is sought in the drawings.
  • Ensure consistency among all drawings.
  • Do not include unnecessary backgrounds, text, dimensions, or other extraneous matter.
  • Clearly indicate the relationship between a GUI and the relevant display screen or product.
  • Consider the appropriate filing strategy where multiple design variations are involved.
  • Where enforcement is contemplated, consider conducting a prior design search or obtaining a Registrability Report.
  • Carefully monitor the time limit for claiming priority.

TSUBAME IP Philippines Services

TSUBAME IP Philippines provides comprehensive, one-stop support covering every stage of industrial design protection in the Philippines, from filing through post-registration portfolio management.

Our services include:

  • Pre-filing searches and registrability assessments
  • Development of filing strategies
  • Advice on GUIs, UIs, icons, and architectural designs
  • Review of drawings, photographs, and images
  • Preparation of application documents
  • Philippine filings claiming priority under the Paris Convention
  • Filing with IPOPHL and handling formality examination procedures
  • Registration, renewals, and industrial design portfolio management

We assist both Japanese and international clients in protecting their product designs in the Philippines by combining practical local experience with international intellectual property strategies.