PHILIPPINE RULES ON PCT APPLICATIONS
PART 1
GENERAL PROVISIONS
Rule 1. Title.- These rules shall be known as the Philippine Rules on PCT Applications
or “PRo-PCT”.
Rule 2. Definitions. - Unless otherwise specified, the following terms and acronyms
shall be understood as follows:
(a) “Administrative Instructions” means that body of instructions for operating under the
Patent Cooperation Treaty referred to in PCT Rule 89;
(b) “designated Office” means a national patent office or intergovernmental organization of
or acting for the State designated by the applicant under Chapter I of the Treaty;
(c) “designated State” refers to the State in which protection for the invention is desired
on the basis of the international application and which is designated under Chapter I of
the Treaty;
(d) “Director General” means the Head of the Intellectual Property Office of the
Philippines;
(e) “elected Office” means a national patent office or intergovernmental organization of or
acting for the State elected by the applicant under Chapter II of the Treaty;
(f) “elected State” refers to the State in which protection for the invention is desired on the
basis of the international application and which has been elected under Chapter II of
the Treaty;
(g) “IB” and “International Bureau” mean the International Bureau of the World Intellectual
Property Organization as referred to in PCT Article 2(xix);
(h) “International Application” and “PCT Application” mean an application filed under the
Treaty;
(i) “International Searching Authority” or “ISA” and “International Preliminary Examining
Authority” or “IPEA” mean a national patent office or intergovernmental organization as
appointed under the Treaty which processes international applications as prescribed
by the Treaty and PCT Regulations;
(j) “IP Code” means Republic Act No. 8293 otherwise known as the Intellectual Property
Code of the Philippines;
(k) “IPO” or “Office” means the Intellectual Property Office of the Philippines;
(l) “IPO Fee Structure” means the rules and regulations establishing the fees and charges
of the Intellectual Property Office of the Philippines;
(m) “PCT” and “Treaty” mean the Patent Cooperation Treaty;
(n) “PCT-EASY” means the software made available by the International Bureau for
facilitating the preparation of the request part of an international application, and
printing thereof, for filing together with a computer diskette prepared using that
software, containing a copy in electronic form of the data contained in the request and
of the abstract;
(o) “PCT Regulations” means the set of rules, referred to in PCT Article 58 and annexed to
the Treaty referred to as the Regulations Under the PCT;
(p) “Priority Date” for the purposes of computing time limits under the PCT is defined in
PCT Article 2(xi) as follows:
(i) where the international application contains a priority claim under PCT
Article 8, the filing date of the application whose priority is so claimed;
(ii) where the international application contains several priority claims
under PCT Article 8, the filing date of the earliest application whose priority
is so claimed;
(iii) where the international application does not contain any priority claim
under PCT Article 8, the international filing date of such application;
(q) “receiving Office” means a national patent office or intergovernmental organization with
which the international application has been filed;
Other terms and expressions not defined in this rule are to be taken in the sense
of the Treaty and PCT Regulations.
Rule 3. Application of the PCT and PCT Regulations. – In all matters not specifically
provided for under these Rules, the provisions of the Treaty, PCT Regulations and PCT
Administrative Instructions shall apply in the processing of an international application during
the international phase of the application. In the event of conflict between these rules and
those of the PCT, the provisions of the latter shall apply.
The international phase covers the period from the filing of the application in
accordance with the PCT until the application enters the national phase.
Rule 4. Effect of an International Application. - 4.1. An international application,
which has been accorded an international filing date in accordance with the Treaty and
PCT regulations, shall have the effect of a national application for a patent or utility model,
respectively, regularly filed with the Intellectual Property Office as of the international filing
date, which date shall be considered to be the actual filing date in the Philippines. (PCT Article
11(3))
4.2. Subject to Review by the IPO under Rule 36, an international application that is
withdrawn or considered withdrawn under the Treaty and PCT Regulations, before the
applicant has entered the national phase in the Philippines as provided in Part 3 of these
rules, that international application is likewise withdrawn or considered withdrawn in the
Philippines. (PCT Article 24)
Rule 5. Seeking Two (2) Kinds of Protection; Prohibition Against Filing of Parallel
Applications. - In respect of the Philippines as a designated or elected State, an applicant
cannot seek two (2) kinds of protection for the same subject, one for utility model
registration and the other for the grant of a patent whether simultaneously or consecutively.
(PCT Article 43, IP Code Section 111)
Rule 6. Delivery Service. – Where the applicant sends a document or letter through
mail and that document or letter is lost or reaches the IPO after the expiration of the
applicable time limit under the Treaty and PCT Regulations and these Rules, PCT Rules
82.1(a) to (c) shall apply provided that the delivery service used is registered mail by a postal
authority.
Rule 7. Appointment of Resident Agent or Representative. – (a) An applicant who is
not a resident of the Philippines shall appoint and maintain an agent or representative
residing in the Philippines upon whom notices or processes for judicial or administrative
procedure may be served relating to the international application filed with the IPO as a
receiving, designated or elected Office. An applicant who is a resident of the Philippines may
likewise appoint and maintain an agent or representative residing in the Philippines for the
same purpose. The list of registered resident agents or representatives is available in the IPO
website.
(b) Where the international application is filed with the IPO as a receiving Office, the
appointment of an agent must be effected in the Request form, signed by all applicants, or in
a separate power of attorney submitted to the IPO where the Request form is signed by the
appointed agent in accordance with PCT Rule 90.4. The separate power of attorney does not
require legalization or notarization.
(c) For purposes of the procedure before the IPO as a designated or elected Office, the
manner of appointing an agent or representative shall comply with the requirements
prescribed in the implementing rules and regulations of the IP Code.
PART 2
INTERNATIONAL PHASE
Rule 8. The IPO as a Receiving Office. – 8.1. The IPO shall act as a Receiving
Office only for applicants who are residents or nationals of the Philippines. (PCT Article
2 (xii) and (xv), PCT Article 10, PCT Rule 19)
8.2. The IPO, when acting as a Receiving Office, will be identified by the full
title “Philippine Receiving Office” or by the abbreviation “RO/PH.” (Section 107(b) of the
PCT Administrative Instructions)
8.3. Without prejudice to the national security and interests of the Republic of the
Philippines, the IPO shall perform all acts connected with the discharge of duties of a
Receiving Office under the Treaty and PCT Regulations. The functions of the IPO as a
Receiving Office include:
(1) According of international filing dates to international applications fulfilling the
requirements of PCT Article 11(1) and in particular, PCT Rule 20;
(2) Checking that international applications meet the standards for format and
content of PCT Article 14(1) and in particular, PCT Rules 9, 26, 29.1, 37, 38, 91,
and portions of PCT Rules 3 through 11;
(3) Assessing, collecting, and transmitting fees due for processing international
applications (PCT Rules 14, 15, 16, 16bis);
(4) Transmitting the record and search copies to the IB and ISA, respectively (PCT
Rules 22 and 23); and
(5) Transmitting the international application to the IB for processing, where the
IPO is not the competent Receiving Office as defined under PCT Rule 19. (PCT
Rule 19.4)
Rule 9. International Search and International Searching Authority. – 9.1. An
international application shall be the subject of an international search, which shall be carried
out by an ISA. The objective of the international search is to discover relevant prior art. (PCT
Article 15 (1) and (2))
9.2. The Director General shall specify one or more competent ISAs for international
applications filed with the IPO and, subject to any required acceptance or compliance with
applicable requirements, the IPO shall publish in its website a list of those competent ISAs.
(PCT Article 16(2), PCT Rules 35.1 and 35.2)
9.3. The applicant shall, in his Request Form, indicate his choice of the competent ISA.
(PCT Rule 4.14bis)
Rule 10. International Preliminary Examination and International Preliminary
Examining Authority. - 10.1. An international application may be the subject of an
international preliminary examination which shall be carried out by an IPEA. (PCT Article
32(1))
10.2. The objective of the international preliminary examination is to formulate a
preliminary and non-binding opinion on the questions whether the claimed invention appears
to be novel, to involve an inventive step (to be non-obvious) and to be industrially applicable.
(PCT Article 33(1))
10.3. The Director General shall specify one or more competent IPEAs for international
applications filed with the IPO and, subject to any required acceptance or compliance with
applicable requirements, the IPO shall publish in its website a list of those competent IPEAs..
(PCT Rule 59.1(a))
10.4 Where there are two or more competent IPEAs for applications filed with the IPO,
the applicant shall, in his Demand Form, indicate his choice of the competent IPEA.
Rule 11.. Language Prescribed by the Receiving Office. – The language accepted by
the Philippines receiving Office for the filing of international application is Filipino or English,
provided that it is sufficient that the description and claims be in Filipino or English for the
purposes of according an international filing date under PCT Article 11(1). (PCT Rules 12.1,
20.4(c) and 48.3(a))
Rule 12. Translation for the Purposes of International Search. - (a) Where the
international application is filed in Filipino, the applicant shall, within one (1) month from the
date of receipt of the international application by the IPO, furnish to the Office a translation of
the international application into English in accordance with PCT Rule 12.3 (a) and (b).
(b) If the English translation is not furnished within the time limit under paragraph (a),
the Office shall invite the applicant to furnish it within one (1) month from the date of invitation
or two (2) months from the date of receipt of the international application by the IPO,
whichever expires later. (PCT Rule 12.3(c))
(c) If the applicant does not furnish the English translation within the applicable time
limit under paragraph (b), the international application shall be considered withdrawn and the
IPO as a receiving Office shall so declare in accordance with PCT Rule 12.3(d).
(d) The IPO shall promptly furnish the IB and the ISA a copy of the English translation.
Rule 13. Documents and Correspondence. – (a) Any paper submitted by the applicant,
other than the international application itself, must, if not itself in the form of a letter, be
accompanied by a letter identifying the international application to which it relates and must
be signed by the applicant. (PCT Rule 92.1(a))
(b) Correspondence intended for the applicant shall be sent to the agent appointed
under Rule 7. (PCT Rules 90.1(a) and 90.3(a) and Section 108 of the PCT Administrative
Instructions)
Rule 14. Keeping of Records and Files. - The IPO shall keep the records relating to the
international application or purported international application for at least (ten) 10 years from
the international filing date or, where no international filing date is accorded, from the date of
receipt of the purported application. (PCT Rule 93.1)
Rule 15. The International Application. - An international application shall contain a
request, a description, one or more claims, one or more drawings (where required), and
an abstract. (PCT Article 3(2))
Rule 16. The Request. - The request shall be made in accordance with PCT Rules 3
and 4. Copies of the Request form are available at the IPO.
The Request Form may be made using PCT-EASY software made available by the IB,
in which case, the applicant is required to submit the Request as a computer print-out
together with a computer diskette containing a copy of the electronic form of the data
contained in the Request and of the abstract prepared using that software. (PCT Rule 89ter and
Section 102bis of the PCT Administrative Instructions)
Rule 17. The Description. – The description shall disclose the invention in a
manner sufficiently clear and complete for the invention to be carried out by a person
skilled in the art. (PCT Article 5, PCT Rule 5.1(a)(v))
The requirements as to the format and content of the description are set forth, in
particular, in PCT Rules 5, 9, 10, and 11, and Section 204 of the PCT Administrative
Instructions.
Rule 18. The Claims. - The claim or claims shall define the matter for
which protection is sought. Claims shall be clear and concise. They shall be fully supported
by the description. (PCT Article 6, PCT Rule 6)
The requirements as to the format and content of claims are set forth, in
particular, in PCT Rules 6, 9, 10, and 11.
Rule 19. The Drawings. - Drawings which are necessary for the understanding of the
invention must be part of the international application as originally filed in order to maintain
the international filing date during the national stage. If drawings are referred to in the
international application but they are missing upon filing, the IPO shall give the applicant
thirty (30) days from the date of receipt of the international application to submit the drawings.
If the missing drawings are received within the thirty-day period, the international filing date
shall be the date on which such drawings are received. If such drawings are not timely
received, all references to drawings in the international application shall be considered nonexistent.
(PCT Article 7, 14(2), PCT Rule 26.2)
The physical requirements for drawings are set forth in PCT Rule 11.3.
Rule 20. The Abstract. - The abstract shall merely serve for technical information. Lack
of an abstract upon filing of an international application will not affect the granting of
a filing date. If the abstract is missing, the IPO shall invite the applicant to submit the same
within one (1) month from the date of the invitation and the IPO shall notify the ISA
accordingly. (PCT Article 3(3), 14(b), PCT Rule 26.1, 26.2, 38)
The requirements as to the format and content of the abstract are set forth in PCT Rule
8.
Rule 21. Priority Claim. – Any declaration referred to in Article 8(1) (“priority claim”)
shall be indicated in the Request Form as set forth in PCT Rule 4.10.
Any correction or addition on the priority claim shall be made in accordance with PCT
Rule 26bis.
Rule 22. Physical Requirements. – 22.1. An international application and each of the
documents that may be referred to in the checklist of the Request Form shall be filed in one
(1) copy only. (PCT Rule 11.1)
22.2. All sheets of the international application must be on A4 size paper (29.7 cm x 21
cm) which shall be flexible, strong, white, smooth, non-shiny, and durable. (PCT Rules 11.3,
11.5)
22.3. In order to facilitate processing of the international applications, attention of
applicants is directed to the other physical requirements for international application which are
set forth in PCT Rule 11 and Section 207 of the PCT Administrative Instructions.
Rule 23. Who May File An International Application. - A resident or national of the
Philippines may file an international application. If there are two or more applicants, the right
to file an international application shall exist if at least one of them is a resident or national of
the Philippines. (PCT Article 9(1), PCT Rule 19.2(i))
Rule 24. Where to File an International Application. – 24.1. A resident or national of
the Philippines may file an international application with the IPO or the IB. (PCT Rule 19.1)
24.2. An international application may be filed directly with the IPO or through
registered mail by postal authority.
Rule 25. According of International Filing Date and its Effect. – 25.1. The IPO, as the
competent receiving Office, shall accord as the international filing date the date of receipt of
the international application, provided that, at the time of receipt:
(1) at least one applicant is a resident or national of the Philippines;
(2) the international application is in the Filipino or English language; and
(3) the international application contains at least the following elements:
(i) an indication that it is intended as an international application;
(ii) the name of the applicant;
(iii) a part which on the face of it appears to be a description; and
(iv) a part which on the face of it appears to be a claim or claims. (PCT
Article 11(1))
25.2. If the IPO finds that the applicant or not one of the applicants is a resident or
national of the Philippines or that the language is neither Filipino nor English, the international
application shall be treated and transmitted to the IB in accordance with PCT Rule 19.4,
subject to payment of the transmittal fee under PCT Rule 14.
25.3. If the IPO finds that the international application did not, at the time of receipt,
contain the elements listed in Rule 25.1 item (3), it shall invite the applicant to file the required
correction within thirty (30) days from the date of the invitation. If the applicant complies with
the invitation, the IPO shall accord as the international filing date the date of receipt of the
required correction. If the applicant does not comply with the invitation, the IPO shall promptly
in accordance with PCT Rule 20.7(i) notify the applicant that his application is not and will not
be treated as an international application and shall indicate the reasons therefor. (PCT Article
11(2)(a) and (b))
Rule 26. Transmittal of the International Application. – 25.1. The IPO shall transmit the
“record copy” of the international application to the IB in accordance with PCT Rule 22;
26.2. The IPO shall transmit the “search copy” of the international application to the
competent ISA after payment of the search fee by the applicant in accordance with PCT Rule
23. (PCT Article 12(1))
26.3. The Director General may prohibit or restrict the transmittal of an application, if in
his opinion, to do so would be prejudicial to the national security and interests of the Republic
of the Philippines. The Director General may apply other measures, as provided under PCT
Article 27(8), that will not prevent the transmittal of the record copy and search copy but will
restrict the contents of the transmittals. (PCT Rule 22.1, PCT Article 27(8))
Rule 27. The International Publication and its Effect. – 27.1. In accordance with PCT
Article 21 and PCT Rule 48, the IB shall publish the international application promptly after
the expiration of eighteen (18) months from the priority date of the application. However, the
applicant may ask the IB to publish his international application any time before the
expiration of eighteen (18) months from the priority date in accordance with PCT Rule 48.4.
27.2. In accordance with PCT Article 29(1), as far as the protection of any rights of the
applicant under Section 46 of the IP Code in the Philippines is concerned, the international
publication in English of an international application shall have the same effect as a
publication in the IPO Gazette under Section 44 of the IP Code and its implementing rules
and regulations provided that notice of the international publication and copy of the
international application has been transmitted by the applicant to the actual unauthorized user
of the invention claimed in the international application pursuant to Sec. 46.2 of the IP Code.
(PCT Article 29(1))
27.3. If the language in which the international publication has been effected is a
language other than English, the protection of any right of the applicant under Section 46 of
the IP Code in the Philippines shall be applicable only from such time as a translation into
English has been published in the IPO Gazette under Section 44 of the IP Code and its
implementing rules and regulations, and, such translation into English has been transmitted
by the applicant to the actual unauthorized user of the invention claimed in the international
application pursuant to Section 46.2 of the IP Code. (PCT Article 29(2))
27.4. Where the international publication has been effected, on the request of the
applicant, before the expiration of eighteen (18) months from the priority date, the rights
provided for under Sec. 46 of the IP Code shall be applicable only from the expiration of
eighteen (18) months from the priority date subject to the conditions mentioned in the
preceding paragraphs. (PCT Article 29(3))
Rule 28. Demand for International Preliminary Examination. – 27.1. On filing of a
demand under PCT Article 31, the international application shall be the subject of an
international preliminary examination.
28.2. The demand for international preliminary examination shall be filed directly by the
applicant with the competent IPEA prior to the expiration of whichever of the following
periods expires later:
a) 3 months from the date of transmittal to the applicant of the
international search report (or of the declaration referred to in PCT Article 17(2)(a) that
no international search report will be established) and the written opinion by the ISA;
or
b) 22 months from the priority date. (PCT Rule 54bis)
28.3. In accordance with PCT Article 31 and PCT Rules 57 and 58, the demand shall
be subject to the payment by the applicant of the prescribed fees directly to the IPEA within
one (1) month from the date on which the demand was submitted. (PCT Rules 57, 58, and 58bis)
Copies of the Demand Form are available at the IPO.
Rule 29. Manner of Making Corrections. – Any correction offered to the IPO as a
receiving Office may be stated in a letter addressed to the IPO if the correction is of such
a nature that it can be transferred from the letter to the record copy without adversely
affecting the clarity and the direct reproducibility of the sheet on to which the
correction is to be transferred; otherwise, the applicant shall be required to submit the
missing requirement or a replacement sheet containing the correction accompanied by a
letter indicating the differences between the replaced sheet and the replacement sheet. (PCT
Rule 26.4)
Rule 30. Delays in Meeting Time Limits. Delays in meeting time limits during
international processing of international applications may only be excused as provided in PCT
Rule 82.
Rule 31. Recording of Changes. - Before the expiration of the time limit referred to in
PCT Articles 22(1) and 39(1)(a), the IPO may receive from the applicant a request for the
recording of a change in the person, name, residence, nationality or address of the applicant
or a change in the person, name or address of the inventor, the agent or the common
representative. The IPO shall notify the IB of the request for recording a change. (PCT Rule
92bis.1(a))
Rule 32. Withdrawals. - The IPO may receive from the applicant notice of withdrawal
of the international application, any designation, or priority claims in accordance with PCT
Rule 90bis(1), 90bis(2), 90bis(3).
Withdrawal of a demand or any election shall be made directly to the IB in accordance
with PCT Rule 90bis.4.
Rule 33. Certified Copies of the International Application and Priority Document. - (a)
The applicant may request the IPO to prepare a certified copy of the international application
as filed and of any corrections thereto upon payment of the appropriate fee. (PCT Rule 20.9)
(b) Where the priority document is issued by the IPO, the applicant may, pursuant to
PCT Rule 17.1(b), request the IPO to prepare and transmit the priority document to the IB.
Such request shall be made not later than sixteen (16) months after the priority date and shall
be subject to payment of a fee.
PART 3
NATIONAL PHASE
Rule 34. The IPO as a Designated or Elected Office. – 34.1. The IPO, when acting as
a Designated or Elected Office for international processing will be identified by the full title
“Philippine Designated Office” or by abbreviation “DO/PH” and “Philippine Elected Office” or
by abbreviation “EO/PH.” (Section 107(b) of the PCT Administrative Instructions)
34.2. The major functions of the IPO in respect to international applications in which
the Philippines has been designated or elected, shall include:
(1) Receiving various notifications throughout the international phase; and
(2) Accepting for national phase examination international applications which
comply with Part 3 of these rules.
Rule 35. Entry Into National Phase. – (a) An international application enters the
national phase when the applicant furnishes IPO a copy of the international application in
English (unless already transmitted by the IB), or, if the application was filed in another
language, its English translation not later than thirty (30) months from the priority date
based on PCT Article 22 (1) and PCT Article 39 (1) (a).
Subject to the payment of an extension fee for late entry equal to fifty percent (50%) of
the filing fee prescribed in the IPO Fee Structure, the entry into the national phase may be
extended by one (1) month.
(b) The filing fee prescribed in the IPO fee structure shall be paid within one (1) month
from the date of entry into the national phase; provided that an international application which
claims the priority of an earlier Philippine national application shall be exempt from payment
of the filing fee. If the applicant fails to pay the filing fee as herein provided, the application
shall be deemed withdrawn in the Philippines.
(c) The translation of the international application, as filed, referred to in paragraph (a)
shall include a translation into English of:
(1) the description;
(2) the claims as filed and, where applicable, as amended under PCT Article 19;
(3) any text matter of the drawings;
(4) the abstract; and
(5) where applicable, amendments to the description, claims or drawings under
PCT Article 34, as contained in the annexes to the international preliminary
examination report.
If the translation of the amendments under PCT Article 19 or PCT Article 34, as the
case may be, is not included, those amendments will be considered cancelled.
(d) During the national phase, and at anytime before a patent is granted or refused on
the international application, the applicant may present amendments to the specification,
claims and drawings in accordance with the IP Code and its implementing rules and
regulations.
Rule 36. Entry Into the National Phase of an International Application Claiming The
Priority of an Earlier Philippine National Application. Within one (1) month from the date of
entry into the national phase of an international application claiming the priority of an earlier
Philippine national application, the IPO shall invite the applicant to elect only one (1)
application for further prosecution within two (2) months from the date of the invitation, or
within a longer period which the IPO may allow but not to exceed six (6) months from the date
of entry into the national phase.
Rule 37. Review by IPO as a Designated Office. – (a) Where the receiving Office other
than the IPO has refused to accord an international filing date to an international application
designating the Philippines or has declared that the international application is considered
withdrawn either generally or as to the Philippines, or where the IB has made a finding under
PCT Article 12(3) that the international application is considered withdrawn because it has not
received the record copy within the prescribed time limit, the applicant may request review of
the matter by the IPO provided the requirements of and the time limit specified by the Treaty
and PCT regulations as well as the requirements for entry into national phase in these rules
are complied with.
(b) Where the refusal, declaration or finding mentioned in paragraph (a) was the result
of an error or omission on the part of the receiving Office or that the finding was the result of
an error or omission on the part of the IB, the IPO as a designated Office may treat the
international application as if such error or omission has not occurred. (PCT Article 25)
Rule 38. Time Limit to Submit the Priority Document. – 37.1. The priority claim of an
international application designating or electing the Philippines shall not be disregarded by
IPO, where the priority document is received by the IB not later than sixteen (16) months after
the priority date in accordance with PCT Rule 17.1 (a) and (b).
38. If the priority document is not submitted to the IB within sixteen (16) months after the
priority date in accordance with PCT Rule 17.1 (a) and (b), the applicant may submit to
the IPO a certification from national Office concerned stating the following data regarding
the application the priority of which is claimed: name of the applicant, filing date,
application number and title of the application. The certification, and its English translation
if not in English, together with payment of the fee for extension of time to submit priority
document and the surcharge for late payment provided for in the IPO Fee Structure, shall
be submitted within six (6) months from the date of entry of the international application
into the national phase without need of notice. The certification and its English translation
if not in English do not require legalization. Failure of the applicant to comply with this rule
shall be ground to disregard the priority claim.
38.3 Where the validity of the priority claim is relevant to the determination of whether
the invention concerned is patentable, the applicant shall be required to submit the English
translation of the priority document. (PCT Rule 17.1a, 17.1b, 51bis.1(e))
Rule 39. Procedure for Grant of Patent. - An international application that has entered
the national phase shall be governed by the applicable provisions under Republic Act No.
8293 and its implementing rules and regulations and the applicable provisions of the Treaty,
PCT Regulations, and PCT Administrative Instructions.
Rule 40. Application of the IPO Fee Structure. - The IPO Fee Structure shall apply
after entry into the national phase of the international application provided that:
(a) an international application which validly claims the priority of an earlier Philippine
national application shall be exempt from payment of fees that were already paid in
connection with that Philippine national application;
(b) the due date for payment of the first annual fee shall be computed from the date of
the international publication regardless of the language of publication; and
(c) the international application shall be deemed withdrawn if the substantive
examination fee is not paid within six (6) months from the date of entry into the national
phase. The applicant may use a form for payment prescribed by IPO for this purpose.
PART 4
FEES DURING INTERNATIONAL PHASE
Rule 41. Fees to be Collected by the IPO. – The following fees shall be collected by
the IPO:
41.1. Fees for the benefit of the IPO. The type and amount of fees for the benefit of the
IPO are:
Ref.
Code Type of Fee Amount
(Philippine Peso)
901 Transmittal Fee PCT Rule 14 3,500.00
902 Priority Document Fee PCT Rule 17.1(b) 500.00
903
Fee for Transmitting Priority Document PCT Rule
17.1(b) 1,750.00
905 Late Payment Fee PCT Rule 16bis.2(a)(ii) 3,500.00
906
Certified Copy of the International Application Fee
PCT Rule 20.9 500.00
907 Transmittal Fee PCT Rule 19.4 3,500.00
41.2. Fees for the benefit of the IB (International Filing Fee)
The amount of the international filing fee referred to in PCT Rule 15.2 is
published in the PCT Gazette and is available at the IPO.
41.3. Fee for the benefit of the ISA (Search Fee)
The amount of the search fee referred to in PCT Rule 16.1 of the competent ISA or
ISAs for the Philippines is published in the PCT Gazette.
Rule 42. Due Dates and Extension of Time Limits for Payment of Fees Collected by
IPO. – All fees must be paid on or before the due date prescribed in the PCT Regulations
and these Rules.
42.1. The transmittal fee and search fee shall be paid by the applicant within one
(1) month from the date of receipt by the IPO of the international application; (PCT Rule
14.1(c), 15.4(a), 16.1(f))
42.2. Where the fees due under this rule have not been paid, or that the amount paid is
insufficient to cover the total amount due, the IPO shall invite the applicant to pay the required
fees together with the late payment fee within one (1) month without extension of time from
the date of invitation; (PCT Rule 16bis.1(a))
Rule 43. Fees for the Benefit of IPO; Form, Manner and Currency of Payment. –
(a) All fees for the benefit of the IPO shall be paid in cash, money order, bank drafts
and/or checks in Philippine currency. In case of cash payment, the date of receipt is the date
on which the full amount due was paid in cash. In case of money order, check or bank draft
payment, the date of receipt of the money order, check or bank draft will be the date of
presentment provided that the same is honored upon first presentment and provided that the
payment covers the full amount due.
(b) Payment shall be made to the IPO Cashier during regular working days and
business hours from Monday to Friday, 8:00 a.m. to 12:00 noon and from 1:00 p.m. to 5:00
p.m.
Rule 44. Fees for the Benefit of IB and ISA; Form, Manner and Currency of Payment. –
44.1 All fees for the benefit of the IB and the ISA collected by IPO as receiving Office shall be
paid to IPO in the currency or any of the currencies, if more than one specified by the IB or
the ISA as the case may be, in the form of cash or bank draft. In case of cash payment, the
date of receipt is the date on which the full amount due was paid in cash. In case of bank
draft payment, the date of receipt of the bank draft will be the date of presentment provided
that the same is honored upon first presentment and provided further that the payment covers
the full amount due. Payment shall be made to the IPO Cashier during regular working days
and business hours from Monday to Friday, 8:00 a.m. to 12:00 noon and from 1:00 p.m. to
5:00 p.m.
44.2. Where the international application incurs an additional fee other than the search
fee under PCT Rule 16, the applicant shall pay directly to the ISA such other fees required by
the ISA in the currency, form and manner prescribed by it.
44.3. The Schedules of Fees of the IB and ISAs are published in the PCT Gazette and
are available at the IPO.
Rule 45. Fees Payable to the IPEA. - The international preliminary examination fee
and the handling fee under PCT Rule 58 shall be paid directly to the IPEA in the currency,
form and manner prescribed by it.
Other fees due to the IPEA in accordance with the Treaty and PCT Regulations shall
be paid directly to the IPEA in the currency, form and manner prescribed by it.
The Schedules of Fees of the IPEAs are published in the PCT Gazette and are
available at the IPO.
Rule 46. Refunds. – 46.1 The IPO shall refund the international fee to the applicant in
accordance with PCT Rule 15.6:
(a) if the IPO has found that the international filing date cannot be accorded in
accordance with PCT Article 11(1);
(b) if, before the transmittal of the record copy to the IB, the international application is
withdrawn or considered withdrawn; or
(c) if, due to prescriptions concerning the national security, the international application
is not treated as such.
46.2. The IPO shall refund the search fee to the applicant in accordance with PCT Rule
16.2:
(a) if the IPO has found that the international filing date cannot be accorded in
accordance with PCT Article 11(1);
(b) if, before the transmittal of the search copy to the ISA, the international application
is withdrawn or considered withdrawn; or
(c) if, due to prescriptions concerning the national security, the international application
is not treated as such.
Rule 47. Reduction in Fees. – An applicant may be entitled to a reduction in fees
provided that the requirements, as specified by the IB and Authorities under the Treaty
granting such reduction in fees, are fully satisfied and/or duly complied with.
PART 5
FINAL PROVISIONS
Rule 48. Separability Clause. - If any provision in these Rules or application of such
provision to any circumstance is held invalid, the remainder of these Rules shall not be
affected.
Rule 49. Filing of Certified Copies. – Mr. Amy D. Tabije, Records Officer I, is hereby
directed to immediately file three (3) certified copies of these Rules with the University of the
Philippines Law Center, and, one (1) certified copy each with the Office of the President, the
Senate of the Philippines, the House of Representatives, the Supreme Court of the
Philippines, and the National Library.
Rule 50. Effectivity. - These Amendments shall take effect on 01 January 2004 after
publication in the IPO website and in a newspaper of general circulation not later than 17
December 2003.