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Legislative Implementation of Flexibilities - Philippines

Title:Sections 42-44 and 48-49 of the Intellectual Property Code, Act No. 8293 of 06/06/1997 as last amended by Act No. 9502 of 2008
Field of IP:Patents
Type of flexibility:Substantive examination
Summary table:PDF

Provisions of Law

Formality Examination

42.-1. After the patent application has been accorded a filing date and the required fees have been paid on time in accordance with the Regulations, the applicant shall comply with the formal requirements specified by Section 32 and the Regulations within the prescribed period, otherwise the application shall be considered withdrawn.

2. The Regulations shall determine the procedure for the re-examination and revival of an application as well as the appeal to the Director of Patents from any final action by the examiner. (Sec. 16, R.A. No. 165a)

Classification and Search

43. An application that has complied with the formal requirement shall be classified and a search conducted to determine the prior art. (n)

Publication of Patent Application

44.-1. The patent application shall be published in the IPO Gazette together with a search document established by or on behalf of the Office citing any documents that reflect prior art, after the expiration of eighteen (18) months from the filing date or priority date.

2. After publication of a patent application, any interested party may inspect the application documents filed with the Office.

3. The Director General, subject to the approval of the Secretary of Trade and Industry, may prohibit or restrict the publication 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. (n

Request for Substantive Examination

48.-1. The application shall be deemed withdrawn unless within six (6) months from the date of publication under Section 41, a written request to determine whether a patent application meets the requirements of Sections 21 to 27 and Sections 32 to 39 and the fees have been paid on time.

2. Withdrawal of the request for examination shall be irrevocable and shall not authorize the refund of any fee. (n)

Amendment of Application

49. An applicant may amend the patent application during examination: Provided, That such amendment shall not include new matter outside the scope of the disclosure contained in the application as filed. (n)

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