Patent Annuities
To maintain a patent application or a granted patent in the Philippines, annual fees (annuities) must be paid to the Intellectual Property Office of the Philippines (IPOPHL).
Crucial Difference: Pre-Grant Annuity Requirements
Unlike the patent systems of Japan, South Korea, and China, the Philippine patent system may require the payment of annuities even before a patent is granted. Therefore, pending patent applications may also be subject to annuity requirements.
For PCT National Phase Applications: In the Philippines, the first annuity generally becomes due upon the expiration of four (4) years from the international publication date, and subsequent annuities must be paid annually thereafter.
Timeline & Deadlines
- Payment Window: Annual fees may generally be paid within three (3) months before the due date.
- Grace Period: If an annuity is not paid on time, a grace period of up to six (6) months may be available upon payment of the prescribed surcharge.
Risk of Non-Payment
Failure to pay the required annuity may result in:
- The patent application being deemed withdrawn
- The granted patent being considered lapsed
Accordingly, applicants and patent owners should carefully monitor annuity deadlines, including during the pre-grant stage.
Our Support at TSUBAME IP Philippines
TSUBAME IP Philippines can assist with:
- Monitoring annuity deadlines for Philippine patent applications and patents
- Calculating official fees and due dates
- Filing annuity payments with IPOPHL
- Conducting patent status checks
- Coordinating annuity services for foreign applicants and patent owners
Contact Us
If you have any questions regarding Philippine patent annuities, please feel free to contact us.