In order to streamline the administrative procedures in the prosecution and registration of patents, utility models and industrial designs, the Intellectual Property Office of the Philippines (IPOPHL) via IPOPHL Memorandum Circular No. 2022-016 issued The Revised Implementing Rules and Regulations (IRR) for Patents, Utility Models and Industrial Designs which took effect on September 20, 2022.
Some of the significant amendments to the old IRR include:
- POWER OF ATTORNEY. If an application is filed by a representative, a power of attorney is now required at the time of filing of an application. They are not required to be notarized, but failure to submit them at the time of filing may result in the application being deemed incomplete.
- SIGNATURES. E-signatures may now be accepted when filing an application, or whenever a signature is required in the prosecution of an application.
- SUMMARY OF INVENTION. A summary of invention section is now a required to be included in the description and its non-inclusion may result in the application being deemed incomplete.
- FILING DATE. An application will only be accorded a filing date when all the requirements for a complete application are met.
- GRACE PERIOD FOR PAYMENT. A six months grace period is granted to the applicant from the notice of deficit in payment of excess claims. Unpaid excess claims will be disregarded if not paid within said grace period.
- PERIOD TO FILE VOLUNTARY DIVISIONAL APPLICATION. Applicants may now file a voluntary divisional application on a pending application or within four (4) months from the date the parent application is withdrawn or patented.
- PERIOD TO FILE MANDATORY DIVISIONAL APPLICATION ARISING FROM ORDER TO DIVIDE or DENIAL OF APPEAL. The prescriptive period to file a mandatory divisional application from an original parent application is four (4) months from the date the requirement for division becomes final, or four months from the date of the resolution of an appeal to the order requiring division, reckoned from the receipt of said notices.
- EXTENSION TO FILE MANDATORY DIVISIONAL APPLICATION. An additional two (2) months extension of time i to file mandatory divisional applications may now be granted.
- EXTENSION TO FILE RESPONSE TO OFFICE ACTION. The examiner may grant only one (1) request for extension for a maximum period of two(2) months.
- ACCELERATED SUBSTANTIVE EXAMINATION. An applicant may now file a request for accelerated examination with payment of the prescribed fee after the application is published and the request for examination has been filed.
- PERIOD TO APPEAL REFUSAL OF AN APPLICATION. The period to file an appeal against the refusal of an application is now two months from the mailing date of the notice of final refusal, non-extendible.
- The period for filing a petition to revive a withdrawn application has been shortened to three months from the mailing date of the notice, instead of four months.
Click here to view the full IRR: https://drive.google.com/file/d/1WFiTWpNmwf-LYW7k8jeNElg4jBH-68uL/view