Problems relating to Trade and Investment on The Philippines
17. Implementation of intellectual property rights ("IPRs") |
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Issue |
Issue details |
Requests |
Reference |
| (1) Deficiency in the Regulation for Applicant's Voluntary Submission of Materials on Corresponding Foreign Applications | - In the Philippines, it takes 5 to 6-years from the filing of patent application to examination. To expedite patent issuance, the applicant's voluntary submission is desirable of materials on corresponding foreign application for patents, contrary to the existing rules and regulations on inventions, which provide: "The applicant shall, at the request of the director, furnish him with the date and number of any application for a patent filed by him abroad". | - Intellectual Property Office of Singapore and Intellectual Property Corporation of Malaysia have adopted modified substantive examination (MSE) system that expedites examination by submission of materials on corresponding foreign application for patents. In addition, in Vietnam and Thailand, MSE system is already in operation, although not yet made into laws. It is requested that IPO of the Philippines will adopt MSE system also in the Philippines to expedite issuance of IPRs through adoption of MSE system. | - Rules and Regulations on Inventions, Rule 612 |
| (2) Disallowed Divisional Patent Application upon Refusal Examination | - Rules and regulations on inventions, rule 611 prescribes that an applicant may file application for division of patent before the pending application is withdrawn, denied or issued, foreclosing any application for divisional patent during the refusal examination. For this reason, an applicant gets fewer opportunities to obtain the patent right in the scope of claim exactly as intended by the applicant. | - It is requested that intellectual property office of the Philippines will allow filing of divisional application during the denial examination or during the patent examination. | - Rules and Regulations on Inventions, Rule 611 |
| (3) Uniquely Peculiar Blank Space for Drawing | - Due to the blank space for drawing uniquely peculiar to the Philippines, the applicant must prepare custom-made drawing for the Philippines different from other countries. | - It is requested that GOP takes step to adjust the blank space for the drawings the same as other countries. | - Rules and Regulations on Inventions, Rule 414.3 |
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