INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES

ABOUT

WHO WE ARE

HISTORY

The Philippines’ intellectual property system dates back well into the Spanish and American colonial periods,
earning the Philippines the reputation as among the first Asian countries to adopt laws on intellectual
property.

The following is a brief history of the development of the Intellectual Property Office of the Philippines, and
its role in the evolution of the intellectual property system.

1980s - 1997 A first mover in modernisation

The Intellectual Property Office of the Philippines (IPOPHL)’s immediate predecessor was the Bureau of
Patents, Trademarks and Technology Transfer (BPTTT), created via an executive order of President Corazon
C. Aquino to re-organise the Department of Trade and Industry. Through this EO, the Philippine Patent Office
- a post-independence agency created by President Manuel A. Roxas - was converted to the BPTT, and the
Technology Transfer Board (an attached agency of the Department of Trade and Industry) was abolished, with
its functions adopted by the BPTT.

In this decade, the BPTTT slowly expanded, creating a Public Information and Assistance Unit to serve the
public’s nascent interest in intellectual property information such as in patents, trademarks, and procedures in
registration.

The 1990s saw the increasing significance and advancement of the BPTTT in terms of function and
competence: it was chosen as a member of the Inter-agency Committee on Intellectual Property Rights (PIAC-
IPR), a project under the Office of the President of the Philippines to scale up promotion and protection of
IPR.

The BPTT, notably, became a key advisor in the Philippine government’s negotiation of the Trade-Related
Aspects of Intellectual Property Rights (TRIPS) under the General Agreement on Tariff and Trade.

Atty. Emma C. Francisco, in 1996, took the reins from Atty. Ignacio S. Sapalo and became the first woman
director of the BPTTT.
From the outset, Bureau Director General Emma Francisco enacted a vision of an automated and modernised
intellectual property administration system: launching the Trademark Word Search System, with assistance
from Japan International Cooperation Agency.

1997 - 2004 The IP Code Onwards

In the background of these strategic moves to institutionalise intellectual property administration, the
consolidation of intellectual property into legislation was unfolding as well. The Intellectual Property Code of
the Philippines, Republic Act 8293, authored by the late Senator Raul S. Roco, was signed into law in June 6,
1997 and took effect on January 1, 1998.

With the IP Code of the Philippines enacted, BPTTT was effectively abolished, and the Intellectual Property
Office of the Philippines was instituted. IPOPHL adopted and expanded the functions of the BPTTT, and
continued to be led by Atty. Emma Francisco now with the designation of Director General of the IPOPHL.

The office continued the surge towards modernisation, launching the Philpat CD-ROM in 1998, and
concluding the Project Type Technical Cooperation for Modernization of Industrial Property Administration
agreement with JICA.

It was also in the early 2000s that IT systems for patent administration and patent application retrieval were
launched, along with enhancement of capabilities in trademark image search, trademark administration, and
internet access to examiners - improving the efficiency of the new agency.

In 2001, the Philippines, through IPOPHL, made strides to keep its intellectual property system adherent to
international standards, becoming a member of the World Intellectual Property Organisation, and became a
contracting party to the Patent Cooperation Treaty.

2005 - 2009 Intellectual Property as a tool for development

In 2005, the administration of the intellectual property system as well as the office’s function took a
developmental approach, with the succession of Atty. Adrian S. Cristobal Jr. as the second Director General.

In this period, a policy/International relations unit was created to enable the agency to take the lead on
domestic and international IP policy. The unit produced policy papers, studies, comments on legislation, draft
bills pertaining to intellectual property rights and became the main resource of the country’s missions in
Geneva and in DTI’s bilateral and multilateral trade negotiations.

Apart from this stronger role in IP policy-creation, the enforcement mandate of the IPOPHL was fortified - it
was in 2008 that Inter-agency IP task force, the National Committee on Intellectual Property rights was
created via Executive Order 736. IPOPHL led the coordination of this inter-agency body and actively engaged
government’s law enforcement sector through the NCIPR in pursuit of counterfeiters and vendors of pirated
goods.

These efforts led to the improvement of the Philippines’ standing in the United States Trade Representative
Office’s Watch List - from the Priority Watch List to the regular Watch List.

It was also during this stage in the agency’s development that the initiative to craft a National Intellectual
Property Strategy (NIPS) was first incepted. The first version of the NIPS was formally presented to President
Macapagal Arroyo and launched under the umbrella program of the DOST’s “Filipinnovation,” the country’s
innovation strategy.

Signalling IPOPHL’s foresight of the potential of growth areas outside of Metro Manila, in 2008 it turned its
eyes towards the provinces and launched the Intellectual Property Fields Operations Unit to establish the
Intellectual Property Satellite Offices (IPSOs) to reach out and serve the needs of inventors, IP creators, and
entrepreneurs.
This development significantly boosted IP applications and introduced the array of IP services to the
uninitiated and untapped provinces outside Metro Manila.

2010 - 2014 Building an IP community

A resurgence in modernisation and continued enforcement campaign and greater engagement with the
academic sector defined IPOPHL’s direction under the Director General Atty. Ricardo Blancaflor.

In 2012, IPOPHL began implementation of an efficiency-enhancing system that automated the end-to-end
processing of IP applications from from filing to registration, including publications, printing of certificates
and post-registration/post-granting.

This was known as the Industrial Property Automation System (IPAS) instituted in partnership with the World
Intellectual Property Organization (WIPO), and revolutionised the processing of IP applications.

ITSOs, or the Innovation and Technology Support Offices were inaugurated at this time, as the IPOPHL
aimed to spread its expertise and technical knowledge - particularly in patent drafting and search - to
IPOPHL’s partners in the academe and research sectors.

IPOPHL’s coordination and leadership on enforcement matters did not take a backseat to the agency’s other
initiatives but rather saw a reinvigoration in this period: IPOPHL secured the support fund of P 10 million
from the Office of the President for the National Committee of Intellectual Property Rights (NCIPR)’s
operational requirements. It was at this time that the IPOPHL seized its biggest haul of counterfeit and pirated
goods, with the seized amount reaching P 13 billion.

During this time, IPOPHL also initiated discussions with Greenhills Shopping Center for a development-
oriented approach in curbing the continued sales of counterfeit and pirated goods.

2015- present Forging Ahead in the global IP Community

Modernisation of services and facilities continues to be a landmark of the Intellectual Property Office of the
Philippines’ services: in 2016, the array of online filing application facilities were launched to eTMFile,
eIDFile and the eUMFile.

In an effort to facilitate and improve the system of classification of goods and services in trademark
applications, IPOPHL joined at least 62 other countries and organisations in using TMClass in 2016. The
online tool helps users to correctly classifying goods and services when filing a trade mark, and has a function
that aids the user translate terms across 42 languages to check compatibility in participating IP offices.
IPOPHL was already part of Asean TMClass.

In 2017, the IPOPHL’s effort in building its expertise and proficiency in patent search and examination led to
the it gaining unanimous designation by the World Intellectual Property Organisation as the second
International Searching Authority/International Preliminary Examination Authority (ISA/IPEA) in Asean. By
2019, it hopes to begin operating as an ISA/IPEA and become the ISA/IPEA of choice of applicants in the
region.

OVERVIEW OF THE IP SYSTEM

The intellectual property (IP) system relates to rights and obligations, as well as privileges and incentives--all
rooted from the creation and protection of IP, which “refers to creations of the mind: inventions; literary and
artistic works; and symbols, names, and images used in commerce.”

IP rights as basic human rights involve “the right to benefit from the protection of moral and material interests
resulting from authorship of scientific, literary, or artistic productions.” (Art. 27, Universal Declaration of
Human Rights). Meanwhile, the 1987 Philippine Constitution mandates their protection “particularly when
beneficial to the people”. (Art. XIV, Sec. 13) In the midst of these seemingly conflicting interests of the
creators and innovators and the public, the system seeks to strike a balance between them through legal
safeguards.

Otherwise put, the system seeks to provide an environment in which everyone benefits from one’s
creativity and innovation, especially since IP is a tool for economic and socio-cultural development.

WHY PROMOTE AND PROTECT IP?

There are several compelling reasons. First, the progress and well-being of humanity rest on its capacity to
create and invent new works in the areas of technology and culture. Second, the legal protection of new
creations encourages the commitment of additional resources for further innovation. Third, the promotion and
protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances the
quality and enjoyment of life. -WIPO Publication 450

MANDATE & FUNCTION

IPOPHL is the government agency mandated to administer and implement State policies on intellectual
property (IP) to strengthen the protection of IP rights in the country.

Coined as the "DREAM" mandate, IPOPHL performs the following functions to protect and secure the
exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and
creations.

1. Development-Oriented
- Promote the use of patent information as a tool for technological development
2. Regulatory
- Examine applications and grant patents, or register utility models, industrial designs, trademarks,
geographical indication, and integrated circuits;
- Help protect copyright by assisting in the facilitation of deposit of work with the National
Library
- Register technology transfer arrangements
3. Enforcement
- Undertake enforcement functions supported by concerned agencies such a the PNP,
NBI, Customs, OMB, LGUs, etc.
- Conduct visits during reasonable hours to establishments and businesses engaging in activities
violating IPRs and provisions of the IP Code based on report, information or complaint received
by the Office.
4. Adjudicatory
- Hear and decide cases relating to:
- violations of IP Rights
- Cancellations and oppositions to registration
- Compulsory licensing
- Settle disputes involving technology transfer payments
5. Policy-Making
- Coordinate with relevant government agencies and the private sector efforts to formulate and
implement plans and policies to strengthen the protection of intellectual property rights in the
country.
- Develop and implement strategies to promote and facilitate technology transfer

VISION, MISSION, CORE VALUES

VISION – A progressive Philippines using intellectual property assets for inclusive economic and social
development by 2030.

MISSION – We commit to build an inclusive intellectual property system serving the needs of Filipinos.

CORE VALUES
1. Patriotism
As citizens of the Philippines, the employees and leaders of IPOPHL value patriotism.

As employees, we adhere to all laws, government rules and regulations and office policies. We take
pride in the work and achievements of our co-workers. We utilize the Filipino language and local
dialects in information materials. We include the singing of the national anthem in office events and
activities. We protect, patronize, and promote the Intellectual Property Rights of Filipinos. We attend
and participate actively in all flag ceremonies. We participate in national holiday celebrations. We
take pride in being a government employee and a Filipino. We participate in socio-civic activities that
will uplift the quality of life of other people.

As leaders, we ensure the uniform implementation of rules, regulations, and policies. We implement
the “no noon break policy.” We ensure that flag ceremonies are timely and regularly conducted. We
ensure the celebration of national events are religiously observed and conducted in the organization.
We serve as role models in demonstrating patriotism among employees, We provide opportunities for
employees to fulfill their socio-civic responsibility at a reasonable time.

2. Integrity
As holders of the public trust, the employees and leaders of IPOPHL value integrity.

As employees, we observe honesty and decency in the performance of duties. We avoid conflicts of
interest. We adhere to the “no gift policy.” We submit our fairly accomplished SALN on time. We
use government resources for official business only. We practice openness and transparency. We
conform with the professional code of ethics. We demonstrate integrity even outside the organization.
We respect intellectual property rights.

As leaders, we monitor and guard against loafing and moonlighting. We monitor and guard
employees against conflict of interest. We set ourselves as role models of integrity to employees. We
demonstrate moral courage, ethical strength, and trustworthiness.

3. Excellence
As representatives of the Philippine government, the employees and leaders of IPOPHL value
excellence in their work.
As employees, we participate actively in organizational projects and initiatives. We pursue and
practice continuing education and capacity building. We work towards exceeding units’ targets. We
operationalize the Quality Manage System (QMS) in operations. We respond immediately and
appropriately to clients’ needs. We seek to understand and satisfy customer needs. We determine and
satisfy client needs and expectations. We seek to engage in activities that provide continuous career
and self-development. We seek to continuously improve our work process. We keep abreast of
enabling technologies and good practices. We anticipate and prepare for possible future problems.
We anticipate the needs and wants of stakeholders and customers. We continuously seek
improvement in the work processes for the delivery of quality service. We practice complete staff
work.

As leaders, we create and sustain a culture of excellence in the organization. We manage time and
resources efficiently and effectively. We institutionalize monitoring on feedback mechanism. We
pursue continuing education on managerial skills and competencies. We institutionalize rewards-and-
incentives systems. We facilitate the active participation of employees in projects and initiatives. We
create opportunities for employees in projects and initiatives. W create opportunities for employees to
develop their interests and expertise. We identify and adopt global best practices and innovative
approaches. We institutionalize the Quality Management System (QMS). We undertake third party
 audits. We enable our staff to exceed targets. We assess and mitigate risk. We conduct market
intelligence.

4. Spirituality
As God-fearing people who aim to do good, the employees and leaders of IPOPHL value spirituality.

As employees, we promote good will. We observes deference to authority. We promote peace, love,
and unity. We use courteous language. We promote the welfare of others. We give thanks for all
blessings. We respect different beliefs and religious practices. We understand the weaknesses of
others. We obey God’s commandments. We promote goodness among members of the organization.
We use a positive approach in settling disputes or misunderstandings. We see positive things in
negative situations.

As leaders, we inspire subordinates to be God-fearing. We provide opportunity for employees to

engage in the practice of their faith at a reasonable time. We radiate positivism in words and deeds to
employees.

5. Collaboration and Teamwork

As members of a community, the employees and leaders of IPOPHL value collaboration and
teamwork.

As employees, we agree and adhere to a common vision and goal. We put the common interest of the
team over personal interest. We are sensitive to the feelings of others. We act with compassion. We
demonstrate tolerance and respect for other’s opinion. We demonstrate sincerity and truthfulness to
self and others. We support team endeavors. We offer help to others when needed. We respect
leaders and co-workers. We understand others’ limitations and weaknesses and seek to assist them.
We avoid actions that will destroy harmony and teamwork.

As leaders, we promote an environment where respect and recognition prevails. We balance and
manage the needs of individual members of the team and the need of the organization. We provide a
venue or occasion for posting camaraderie among team members. We provide praise and recognition
to enhance productivity and morale of employees.

6. Innovativeness and Creativity

As chief ambassadors of IP, the employees and leaders of IPOPHL value innovativeness and
creativity.

As employees, we promote and encourage innovative ideas to further improve services. We respect
others’ ideas, suggestions, and comments. We observe and study best practices from other
organizations. We adopt and improve best practices from other organizations. We use talents and
skills in improving our own work that benefits the organization. We view things and ideas from a
wider perspective. We use a positive approach in the maximum utilization of time. We discover ways
to make our own work enjoyable and beneficial.

As leaders, we implement a reward system for innovation and creativity. We institutionalize a catch-
up program and other similar initiatives. We continuously review and improve implementing rules
and regulations (IRR), manuals, and processes. We discover ways to foster teamwork and harmony.
We establish an environment that facilitates continuous improvement.

STRATEGIC AND MANAGEMENT GOALS

IPOPHL’S 6-POINT AGENDA FOR 2020-2025

BRIGHT

Building collaboration and partnerships

Raising the ante for customer service

Integrate IP awareness and education into society

Go back to basics

Highlight human capital

Transform IPOPHL into a fully digitalized agency

Despite the challenges of restricted movement during the quarantine in March 2020, IPOPHL swiftly adapted
with the new normal and was operating and providing seamless e-service in no time, proving the Office’s
resilience. But with its culture of excellence and motivated workforce, IPOPHL is fueled to do more than
weathering a storm.

“We want to shine beyond expectations,” IPOPHL Director General Rowel S. Barba said.

“IPOPHL wants to be a model agency not only within the Department of Trade and Industry family, but
across the entire public sector. Nais naming kami ay tingalain habang sumisikat sa mabuting dahilan at
paraan,” he added.

Such outlook and dedication, thus, gave rise to IPOPHL’s newest slogan: “Rising, Shining, Beckoning!”

“It aims to embody how IPOPHL rises up to challenges, shines beyond expectations, and beckons others to
follow in its steps as it strives for excellence in governance.

“Umaangat, Sumisikat, Naghihikayat! We welcome the role of inviting, encouraging and even motivating
others to follow and adopt our best practices, systems and policies,” Barba added.

Guided by this goal and its BRIGHT 2020-2025 agenda, Barba hopes to steer IPOPHL toward its vision of
building "a progressive Philippines using IP assets for inclusive economic and social development by 2030."

THE IPOPHL LOGO

IPOPHL stands at the forefront of Filipino innovation, while maintaining its delicate act of balancing the
interests of the creator of IP and of the public.

Through proper and efficient creation, protection, utilization, and enforcement of IP, IPOPHL prides itself as a
key dynamic partner in the promotion of IP as a strategic tool to influence economic growth in a creative and
innovative Philippines.

POPHL seeks to help bring the country to new altitudes made easier to explore with the advent of the Fourth
Industrial Revolution (4IR). This is reflected in the new logo of the IPOPHL.
The silver box represents the individual and combined human intellect—the vast, rich, and inexhaustible
source of all creative and innovative ideas. Human curiosity, ingenuity, and perseverance help these.

The IPOPHL logo ideas grow and flourish. And once the ideas are translated into protectable intellectual
property (IP) and protected as such, they have the potential to shoot forth from the mass of ideas like an arrow
for the benefit of society and the common good.

The arrow points upward and forward, signifying the collective progress of humankind, and is directed
towards the elements of a radio frequency identification (RFID) system, an urgent reminder that we are now
on the way to the Fourth Industrial Revolution.

Meanwhile, the two boxes in orange—the color of creativity—represent the Intellectual Property Office of
the Philippines (IPOPHL) and the delicate role that it plays: balancing the interests of the IP owner and that of
the public.

Moreover, being heavily involved in all innovative activities, IPOPHL reinvents itself from being a
mere regulatory agency to a key dynamic partner in the promotion of IP as a strategic tool to influence
economic growth in a creative and innovative Philippines.

Zooming out, however, the viewer sees a tilted box standing on one of its corners. The instability brought
about by the tilt depicts disruption, which creates new avenues for exploration and experimentation,
invites enterprises to remain resilient amidst the blur of technological advancement, and challenges many an
idea to become relevant or face obsolescence.

Disruption involves innovative and creative ideas—products of the intellect. To thrive, it needs to be firmly
rooted in a stable yet flexible IP system designed to spur innovation and progress.

STRUCTURE AND LEADERSHIP

THE DIRECTOR GENERAL

Rowel S. Barba

Rowel Barba is a respected name in business and law circles, having had over 20 years of experience. He is
perhaps most known for his tenure in the RFM Corporation, a publicly listed corporation, where he used to be
Vice President and Head of the Corporate Legal & HR Divisions; the JAKA Group, where he held several
positions, eventually moving up to becoming the company’s Vice President and Chief Legal Counsel; and as
an Associate at the Ponce Enrile Cayetano Reyes & Manalastas Law Offices.

He obtained his Bachelor’s Degree in AB Political Science, as well as his Bachelor of Laws degree, from the
University of the Philippines, where he also was on the editorial board of the Philippine Law Journal. Other
notable positions of his include being Governor for Southern Luzon of the Integrated Bar of the Philippines
(IBP) (1997-1999) and Legal Counsel of the Philippine Practical Shooting Association.

Prior to his appointment as Director General of the Intellectual Property Office of the Philippines, he was
Undersecretary for the Office of the Secretary at the Department of Trade and Industry where he supervised
the offices under it, namely: Foreign Trade Service Corps (FTSC), the Construction Industry Authority of the
Philippines (CIAP) and its implementing Boards, namely the Philippine Contractors Accreditation Board
(PCAB), Construction Industry Arbitration Commission (CIAC), Philippine Overseas Construction Board
(POCB), Philippine Domestic Construction Board (PDCB) & the Construction Manpower Development
Foundation (CMDF), Legal Service (LS) and Internal Audit Service (IAS).
He was also the Supervising Undersecretary of the Intellectual Property of the Philippines (IPOPHIL),
Philippine Economic Zone Authority (PEZA), National Development Corporation (NDC) & the Philippine
International Trading Corporation (PITC), attached agencies of the DTI.

In his capacity as Chief of Staff of the Office of the Secretary, Undersecretary Barba was the DTI Secretary’s
alternate representative in cabinet meetings with the President, and was the lead official for the organization of
Presidential visits within the DTI.

He concurrently sat in various boards of government corporations, agencies and councils such as the
Maritime Industry Authority (MARINA), Philippine Ports Authority (PPA) & the acting Chairman of the
Cagayan Economic Zone Authority (CEZA), among others. He also represents DTI in the Philippine Air Talks
Panel.

He was also formerly the Undersecretary for the Management Services Group (MSG) and the Competitiveness
and Ease of Doing Business Group (CEODBG) of DTI.

He concurrently sits as Governor of the Board of Investments (BOI) and Acting Chairman of the Cagayan
Economic Zone Authority (CEZA).

ORGANIZATIONAL STRUCTURE

TRANSPARENCY

TRANSPARENCY SEAL

IPOPHL compliance with Sec. 93 (Transparency Seal) R.A. No. 101555 (General Appropriations Act
FY 2012)
CITIZEN’S CHARTER

In keeping with the policy of the State (R.A. 9485) to promote integrity, accountability, proper management of
public affairs and public property as well as to establish effective practices aimed at the prevention of graft
and corruption in government, the IPOPHL has adopted its own Citizens Charter containing the procedures,
fees, processing time, and requirements for our services

QUALITY POLICY STATEMENT

“We strive to foster an environment where IP is created, protected, utilized and enforced.

We support the creation of a highly-motivated, competent, and cohesive workforce committed to serve with
patriotism, integrity, excellence, spirituality, collaboration and teamwork, and innovation and creativity.

We are committed to continuously improve our quality management system considering the impact of
organizational risks and opportunities in order to provide the highest level of satisfaction among our
stakeholders.”

PROCUREMENT

Public Biding

2023

1. Supply, Delivery, Installation, and Commissioning of a Customizable, Integration- Capable, and Scalable
Enterprise Human Resource Information System (EHRIS) with Maintenance

2. (1) Lot Server and VMware Licenses

3. Off-site Records Management Services for IPOPHL

4. One (1) Year Internet Subscription with 1 GBPS Bandwidth via Fiber Optic Cable

5. Supply and Delivery of One (1) Lot Branded Laptop Computers

6. 40 KVA UnInterrupted Power Supply (UPS)

7. One (1) Lot Unserviceable Property

8. Provision of Manpower (2nd Bidding)

9. Provision of Security Services

10. Janitorial Services

11. Courier Services

12. Premium Support for Rubrik Back-up Appliance and Cloud Storage Back-up Subscription

13. Provision of Manpower Services

14. One (1) Lot Network Equipment

15. One (1) Lot Network Firewall Appliance

16. One (1) Lot Cloud-based Web Application Security Subscription License and Support (2nd Bidding)

17. Offsite Storage (2nd Bidding)

18. Courier Services (Domestic Mails) -(ABC: PhP1.3M)

19. Document Scanning and Solutions Integrated Services - Negotiated Procurement (Two Failed Biddings)

20. (1) One Lot Primary Dedicated Internet Access Subscription

21. Document Scanning and Solutions Integrated Services (2nd Bidding)

22. Cloud Application Security and DDOS Services and Support

23. Security Information and Event Management System Subscription Liscence

24. Three (3) Units Unserviceable Motor Vehicles

25. Cloud-based Email

26. One (1) Lot Server and VMWare Licenses

27. Courier Services

28. Offsite Storage

29. Contact Center Outsourcing

30. Document Scanning and Solutions Integration Services

2024

1. Negotiated Procurement of Offsite Records Management Services for a period of two (2) years after two
failed bidding

2. CANCELLED - One (1) Lot Electrical and Electronic Works Including Supply, Installation, and Delivery
of Required Materials, Goods, and Services for the Permanent Headquarters of the IPOPHL

3. CANCELLED - One (1) Lot General Interior Works Including Supply, Installation, and Delivery of
Required Materials, Goods, and Services for the Permanent Headquarters of the IPOPHL

4. Cloud-based Web Application Security Subscription and Support

5. One Unit Backup and Recovery Appliance

6. Subscription to a Cloud-based Email and Collaboration

7. Off-site Record Management Services

8. 1 Lot Branded Laptop

9. Supply and Delivery of Sixteen (16) Units of Laptop Computers

SERVICES

PATENT

An invention patent is a government-issued grant, bestowing an exclusive right to an inventor over a product
or process that provides any technical solution to a problem in any field of human activity which is new,
inventive, and industrially applicable.

BENEFITS
A patent is an exclusive right that allows the inventor to exclude others from making, using, or selling the
product of his invention during the life of the patent. Patent owners may also give permission to, or license,
other parties to use their inventions on mutually agreed terms. Owners may also sell their invention rights to
someone else, who then becomes the new owner of the patent.

ELIGIBILITY
The Intellectual Property Code of the Philippines sets three conditions for an invention to be deemed
patentable: it has to be new, involves an inventive step, and industrially applicable.

How are these defined? In the IP Code, an invention is not considered new if it already forms part of the
domain of prior art. Prior art is explained in the Intellectual Property Code of the Philippines, Chapter 2,
Section 24 - 24.2

An invention involves an inventive step if, having regard to prior art, it is not obvious to a person skilled in the
art at the time of the filing date or priority date of the application claiming the invention. An invention that can
be produced and used in any industry is considered industrially applicable.

TERM OF PROTECTION
The term of a patent shall be twenty (20) years from the filing date of the application. The patent must be
maintained yearly, starting from the 5th year.

UTILITY MODEL

A registrable utility model is any technical solution to a problem in any field of human activity which is new
and industrially applicable. It may or may not have an inventive step.

BENEFITS
A Utility Model (UM) allows the right holder to prevent others from commercially using the registered
UM without his authorization, provided that the UM is new based on the Registrability Report. Compared
with invention patents, it is relatively inexpensive, faster to obtain, and with less stringent patentability
requirements.
ELIGIBILITY
Any technical solution of a problem in any field of human activity which is new and industrially applicable
shall be registrable.

The provisions regarding “Non-Patentable Inventions” as provided for in Part 2, Rule 202 of the Regulations
for Patents shall apply, mutatis mutandis, to non-registrable utility models:

1.Discoveries, scientific theories and mathematical methods;

2. Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for
computers;
3. Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced
on the human or animal body. This provision shall not apply to products and composition for use in any of
these methods;

4. Plant varieties or animal breeds or essentially biological process for the production of plants or animals.
This provision shall not apply to micro-organisms and non-biological and microbiological processes.

5. Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing
sui generis protection of plant varieties and animal breeds and a system of community intellectual rights
protection:

6. Aesthetic creations; and

7. Anything which is contrary to public order or morality.

TERM OF PROTECTION
A utility model is entitled to seven (7) years of protection from the date of filing, with no possibility of
renewal.

INDUSTRIAL DESIGN

An industrial design is the ornamental or aesthetic aspect of an article. Design, in this sense, may be three-
dimensional features (shape or surface of an article), or the two-dimensional features (patterns or lines of
color). Handicrafts, jewelry, vehicles, appliances - the subject of industrial designs range from fashion to
industrial goods.

BENEFITS
The owner of a registered industrial design has the right to prevent third parties from making, selling or
importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected
design, when such acts are undertaken for commercial purposes.
ELIGIBILITY
In order to be registrable, an industrial design must be a new or original creation.
The following industrial designs shall not be registrable:

(a) Industrial designs that are dictated essentially by technical or functional considerations to obtain a
technical result;

(b) Industrial designs which are mere schemes of surface ornamentations existing separately from the
industrial product or handicraft; and

(c) Industrial designs which are contrary to public order, health, or morals.
TERM OF PROTECTION
The registration for an industrial design is for a period of 5 years from the filing date of the application. The
registration of an industrial design may be renewed for not more than two (2) consecutive periods of five (5)
years each by paying a renewal fee. The fee should be paid within a year of the expiration of the registration.

Industrial design registrations are governed by some of the same provisions that apply to patents. See what
these are in Section 119 of the Intellectual Property Code of the Philippines.

TRADEMARK
A trademark is a word, a group of words, sign, symbol, logo or a combination thereof that identifies and
differentiates the source of the goods or services of one entity from those of others.

If you’re a business, distinguishing your goods or services from others gives you a competitive edge. Learn
more about trademarks, how to apply for protection, and how to manage them.

BENEFITS
A trademark protects a business’ brand identity in the marketplace.

Registration of it gives the owner the exclusive rights to prevent others from using or exploiting the mark in
any way.

Aside from being a source-identifier, differentiator, quality indicator, and an advertising device, a protective
mark may also bring another stream of income to the owner through licensing or franchising.
ELIGIBILITY
The Intellectual Property Code of the Philippines prescribes grounds for non-registrability.

See the Intellectual Property Code of the Philippines, Section 123. Generally, the distinctiveness of the
mark is the key point of consideration.
TERM OF PROTECTION
A trademark can be protected in perpetuity if regularly monitored and properly maintained.

The period of protection is ten (10) years from the date of registration and is renewable for a period of ten (10)
years at a time.

COPYRIGHT

Copyright is the legal protection extended to the owner of the rights in an original work. “Original work”
refers to intellectual creation in the literary, scientific and artistic domain.

Among the literary and artistic works enumerated in the IP Code are books and other writings, musical works,
films and photographic works, ornamental designs or models of manufacture, paintings, sculptures, and other
works of arts, as well computer programs and mobile apps, etc.

The IP Code grants authors, artists, and other creators, automatic protection for their literary and artistic
creations, from the moment they create it.

Registration and deposit of your works isn’t necessary but authors and artists may opt to file for the copyright
registration of their work with IPOPHL for the issuance of the appropriate certificate of copyright registration.

Copyright transfers and assignments, as well as exclusive license and mortgage agreements, may be registered
with IPOPHL. Copyright registrations and notice of copyright transfers, assignments, etc. are posted online in
the IPOPHL website.

BENEFITS
The creators of works protected by copyright hold the exclusive right to use or authorize others to use the
work on agreed terms.

The right holder(s) of a work can authorize or prohibit: its reproduction in all forms, including print form and
sound recording, public performance and communication to the public, broadcasting, translation into other
languages, and adaptation, such as from a novel to a screenplay for a film.
  Memorandum Circular No. 2020-026 Revised Rules and Regulations on Accreditation of Collective
Management Organizations
 Memorandum Circular No. 2020-025 Revised Rules and Regulations on Copyright Registration and
Recordation
 Memorandum Circular No. 2020- 024 Copyright Rules And Regulations for the Government
 Memorandum Circular No. 2020-023 Implementing Rules and Regulations on Resale Rights
 Memorandum Circular No. 2020-022 Revised Rules and Regulations on the Resolution of Disputes

ELIGIBILITY
 Works covered by copyright that can be deposited with IPOPHL are, but are not limited to: novels,
poems, plays, reference works, newspapers, advertisements, computer programs, databases, films,
musical compositions, choreography, paintings, drawings, photographs, sculpture, architecture, maps
and technical drawings.

TERM OF PROTECTION
 The term of protection for copyright in literary and artistic works, and in derivative works is
generally the lifetime of the author plus fifty (50) years. However, different rules may apply in:

 - Works of joint authorship
 - Works of anonymous or pseudonymous works
 - Photographic works
 - Works of applied art
 - Audio-visual works

TECHNOLOGY TRANSFER

Technology Transfer Arrangement is the process by which one party systematically transfers to another party
the knowledge for the manufacture of a product, the application of a process, or rendering of a service, which
may involve the transfer, assignment or licensing of intellectual property rights.

BENEFITS
1. Tax-treaty relief - Foreign companies paying taxes on royalties may apply for tax treaty relief with
the Bureau of Internal Revenue; A certificate of compliance to TTA regulations is issued by
IPOPHL’s Documentation, Information, Technology Transfer Bureau (DITTB), which may be
presented to BIR.
ELIGIBILITY
2. Agreements that (1) transfer systematic knowledge, and (2) transfer, assign, or license intellectual
property right are recommended to be reviewed by the Documentation, Information, and Technology
Transfer Bureau of the IPOPHL.

PATENT SEARCH AND ANALYTICS

Remaining competitive in the global arena is a must for Philippine industries. The IPOPHL can offer an edge
to local industries through providing expertise on the analyses of patent data and patent activity in a given
field of technology.

Trends and current gaps in an industry’s technological landscape can be a springboard for further innovation.
IPOPHL offers Commercial Patent Search and Patent Analytics services to institutions and businesses.
 PATENT MAPPING & ANALYTICS BENEFITS
Patent analytics is an in-depth study of patent data from which meaningful correlations and patterns between
and among inventors, key technologies, industries and geographical distributions may be established to spot
trends and identify gaps.

 Latest technological advances and trends

 Technology scouting
Technology –driven
 Technology gaps and “White Spaces” analysis
Research and
Development  Identify “crowded art” or crowded areas of technology
 Framework for future research and development activities and/or
collaborations
 Science and technology innovation planning strategies
IP/ Patent Management  Effective policy formulation
Support  Setting research and development directions
 Patent strategy
 Monitor competitors' activities
 Patent portfolios of companies -analysis of top companies and
Business Strategy and technology focus
Competitiveness  Identify potential partners/collaborators, as well as possible competitors
 Technology and development investments, or product launch for SMEs
 Efficient allocation of resources
 PATENT INFORMATION SEARCH BENEFITS
In conducting patent search, patented and non-patented information are identified and analyzed to determine
relevance and similarity to a given patent or proposed invention. Patent documents include granted patents,
published pending applications, PCT-filed applications, and registered utility models (UM).

List of detailed benefits:

 For identifying the relevant prior art

Patentability/ Novelty
Search
Clearance Search/ Freedom
To-Operate Search
Equivalent Search/ Patent
Family Search
Name Search
Technology Search
 For evaluating invention disclosures
 As basis for drafting stronger patent claims
 For determining whether your product violates existing IP rights
 For identifying the countries where particular IP rights apply
 For avoiding “re-inventing the wheel”
 As basis for sound business decisions before launching a product on the
market
 As motivation to undertake further R&D to improve the product and
prevent an infringement
 For determining the equivalent Philippine patent of an application or a
patent already granted in other IP Offices
 For locating countries in which a given patent application has been filed
(if published)
 For identifying “patent family member” that is written in a desired
language
 For obtaining a list of prior art documents or “References Cited”
 As basis in estimating the importance of an invention
 For locating specific information about published patent documents
involving specific companies or individuals, as applicants, assignees,
patentees or inventors
 For determining what is covered by a specific patent number
 For identifying patents owned by a particular inventor
 For identifying companies (assignees) and/or inventors involved in a
specific field of technology.
 For locating countries where a technology is being patented