In January 2024, BOP examiners participated in a two-day seminar focused on the “Substantive Examination of ID.” It was conducted by the Japan Automobile Manufacturers Association (JAMA) and the Japan External Trade Organization (JETRO) who shared their current techniques respectively in creating designs and determining when minute differences can suffice to prove novelty.

“Given the maturity of the design industry in Japan, the shared knowledge of our partners from JAMA and JETRO is valuable. This helps equip our examiners for local designers who have eyes set on various foreign markets,” Director General Rowel S. Barba said. 

He added that advancing the BOP’s expertise in ID is a timely initiative in light of increasing filings. In 2023, ID applications grew 20% to 1,488 from 1,241 in 2022.

Readying for the Hague

Barba said that the recent seminar also helped the BOP gain knowledge from the Japanese experience in optimizing the use of the Hague System, which will be relevant to the country’s ongoing work in acceding to the Geneva Act of the Hague Agreement. 

“The accession documents are now with the Department of Foreign Affairs. We expect the Philippines to accede to the Hague within the year and for IPOPHL to operationalize this later this year or early 2025,” Barba said. 

Aside from enhancing examination skills, the BOP will also be upskilling its administrative staff to ensure a streamlined process for applications under the Hague system. IPOPHL will also be coordinating with the World Intellectual Property Organization (WIPO) for greater IT support amid an expected influx of online applications. 

With the simplified international filing system under the Hague Agreement, Filipino designers will be able to protect their designs efficiently in multiple jurisdictions. Small and medium enterprises can also enjoy lower cost in filing fees compared with filing individually in each country.

The Intellectual Property Office of the Philippines (IPOPHL) received record international applications for patent protection in 2021, motivating the Office to do more in bringing local inventions to the global stage. 

Preliminary data show that IPOPHL processed 45 outbound applications under the Patent Cooperation Treaty (PCT) System in 2021, marking a 137% increase from 2020 PCT applications and an all-time high. 

The PCT System allows an inventor to file a single patent in multiple or all 155 PCT contracting states. 

“With the continued reopening of the economy, we hope to encourage more local inventors and companies to seek global opportunities,” Director General Rowel S. Barba said. 

As part of this global push, IPOPHL extended its PCT Filing Assistance Program until Dec. 31, 2022 through Memorandum Circular 2022-007.

Implemented by the Bureau of Patents (BOP), the PCT Filing Assistance Program waives fees for an International Search Report (ISR) ($400 for small entities and $1,000 for big entities) and International Preliminary Examination Report (IPER) ($200 for small entities and $500 for big entities). 

The program also provides technical consultation on the PCT system and the application process.

Eligible beneficiaries include Filipino inventors, higher educational institutions that are members of IPOPHL’s Innovation and Technology Support Office Program, and foreign inventors (eligible for 90% reduction in certain PCT Fees)  coming from PCT contracting states that designate IPOPHL as an International Searching and Preliminary Examining Authority (ISA/IPEA) and where IPOPHL is their selected Office of first filing from Feb. 1 to Dec. 31, 2022.

As an ISA/IPEA, IPOPHL prepares International Search Reports (ISRs) and International Preliminary Examination Reports (IPER). 

An ISR identifies the existing patents and prior art which may affect an invention’s patentability. Meanwhile, an IPER is an initial assessment of an application’s novelty, inventive step and industrial applicability prepared according to international standards. 

Both reports help an applicant evaluate the chances of his invention being patented under the PCT.

“With their inventions or UMs patented, our Filipino inventors can gain greater competitiveness with their exclusive rights to prevent others from making, using, offering for sale, selling or importing their inventions,” BOP Director Lolibeth R. Medrano said.