Orientation on the

2022 Revised
Implementing Rules
and Regulations of
R.A. 8293
21 November 2022

Ann N. Edillon
OIC-Director
Bureau of Patents
IRR Milestones

RA 8293 2019 2020

2017 Public Consultation Revised IRR

Effective date:
20 September
2022
Key Revisions
KEY REVISIONS for Invention and UM
1. Application requirements
2. Filing date requirements
3. According a filing date
4. Payment of fees
5. Drawings
6. Sequence listing
7. Appointment of resident agent
8. Withdrawal
9. Extension
10. Revival
11. Publication and request for examination
12. Annuity payments
13. Other proceedings affecting the application
a. Decision of the Director
14. Declaration of withdrawal
15. Decision of Director on opposition
RULE 400. THE PATENT APPLICATION

FILING
CHANNELS

REQUIREMENTS
RULE 400. THE PATENT APPLICATION
FILING CHANNELS (Where can I file?)
OLD IRR REVISED IRR

• Post • IPOPHL Electronic Filing System

• Office • Post, Mail, and Courier*
• Electronic format/Internet • Office*
(Subject to Availability) • IPSOs
RULE 400. THE PATENT APPLICATION

REQUIREMENTS UPON FILING

OLD IRR REVISED IRR
• Four (4) Copies • Two (2) Copies*
• Filing Fee – One (1) Month • Upon Filing
from Filing Date (Rule 401) • Required fees
• Appointment of Agent
(POA/ARA)
REQUIRED FEES TO BE PAID IN FULL UPON FILING

OLD IRR REVISED IRR

• Filing Fee – One (1) Month • Filing fee
from Filing Date (Rule 401) • 1st Publication Fee
• Priority Claim fee (if any)
• Claims (in excess of 5)
• Excess pages

BASIS in the IRR:

Rule 401, Rule 418,
Rule 600
RULE 401. Payment of Fees

Rule 401.Payment of Fees. – An application shall be subject to

the full payment of the filing fee and the publication fee (1st
publication) upon filing of the application. Applications with
claim of priority at the moment of filing are subject to full
payment of priority claim fee along with the filing fee and the
publication fee (1st publication) upon filing of the application.
RULE 401.1. Effect of Non-payment of Fees.

Rule 401.1. Effect of Non-payment of Fees. – An application will

not be considered as a bona fide application if there is failure
to pay the required fees in full upon filing of the application
and will be deemed as failed application.

xxx A failed application due to non-payment of all fees required

upon filing shall not be published and may be filed anew.
FAILED APPLICATION (RULE 401.1)

What should the Applicant do upon receipt of Notice

of Failed Application?
• Applicant may retrieve the filed application by filing a
FORMAL WRITTEN REQUEST within 4 months from
mailing date of notice of failed application*
FAILED APPLICATION (RULE 401.1)

What will happen if the Applicant did not file a

Formal Written Request within the prescribed
period?

A failed application not retrieved within the prescribed

period shall be expunged from the records and
disposed of by the Office.
RULE 401. Payment of Fees
RULE 401.1. Effect of Non-payment of Fees.

OLD IRR REVISED IRR

Rule 401 Rule 401
• Filing Fee – One (1) Month from • Filing Fee - Upon Filing
Filing Date • 1st pub fee and priority claim fee
• Excess claim

Rule 401.1 Rule 401.1

• Forfeited (Non-Payment) • Failed Application (Non-Payment)
Process flow (Rule 400-401)

FEES (Filing
w/in 4 months
NO Formal
fee, priority NOTICE OF
Written
claim fee, 1st FAILED Request
pub fee APPLICATON (RETRIEVE)

YES
YES NO
RETRIEVAL OF
APPLICATION

ACCORDANCE OF
FILING DATE After 7 months

EXPUNGEMENT OF
RECORDS by OFFICE
RULE 402. Marking of Documents

OLD IRR REVISED IRR

• IPOPHL shall issue an • IPOPHL shall issue an
Acknowledgement Acknowledgement and
Accordance of a Filing date if
application is complete according
to Rule 400.

• IPOPHL shall issue a Notice of

Incomplete Application
RULE 404. The Request

OLD IRR REVISED IRR

The request shall contain the following: • Additional requirements:
(a) Petition for the grant of a patent; 1. Applicant's mailing address with
(b) Applicant's name and address, zip code;
(c) Title of the invention; 2. Applicant’s telephone number,
(d) Inventor's name mobile number, or email address, if
(e) If with claim for convention priority, it with no resident
shall contain the file number, country of agent/representative;
origin, and the date of filing in the said 3. Other such information or
country where the application was first disclosures required by laws, rules,
filed; and administrative orders.
(f) Name and address of the resident
agent/representative, if any;
(g) Signature of the applicant or resident
agent/representative
Rule 409 (a) Requirements of Application relating to
Biological Materials and Microorganisms before Allowance

OLD IRR REVISED IRR

• International depositary only • International depositary

• Recognized depositary
authority located in the
Philippines

• A Philippine depositary
recognized for the deposit
Rule 411. Abstract of the Disclosure

OLD IRR REVISED IRR

• Abstract shall be written in a • Abstract shall be written in a
separate sheet with the separate sheet with the
heading “Abstract of the heading “Abstract” or
Disclosure”. “Abstract of the Disclosure”.

• Commence with the title of the

invention
Sample of Abstract

TITLE

May also be
“ABSTRACT”
Rule 413. General Requisites for the
Drawings
OLD IRR REVISED IRR
(a) The drawing… • Additional requirement:
(b) When the invention relates e) All sheets of the drawings must be
(c) Each element of each figure numbered sequentially relative to each
(d) If the same part of the invention. other and shall appear in the center of
either the top or bottom margins. This
series of page numbers shall be
independent of the numbering for the
abstract, description, and claims. The
numbering for the drawing sheets shall
be in Arabic numerals separated by a
“/”, the first number representing the
sheet number and the second
representing the total number of
drawing sheets. For example, “1/5”
refers to the first sheet of drawing out of
five total sheets.
Sample of Drawing
PAGE NUMBER May also be at the Center
Bottom of the page

SIGNATURE
Rule 414. General Standard of Excellence
required of Drawings
OLD IRR REVISED IRR
Rule 414.2 Rule 414.2
• Drawings must be made upon a • Specified Rule for manually filed
smooth non-glossy white paper… applications and for online filed
applications
Rule 414.3
• Drawings shall be made on a Rule 414.3
paper that is exactly 29.7 cm x 21 • Measurement for top margin
cm or the size of an A4 paper. The should be 5.5 cm
minimum margins shall be as
follows: Top 5.5 cm, left side 2.5 Rule 414.7
cm… • These should, if possible,
Rule 414.7 measure at least 3.2 mm. in
• The different views shall be height so that they may bear
consecutively numbered. Letters reduction to 1.06 mm;
and figures of reference must be
carefully formed
Rule 414. General Standard of Excellence
required of Drawings
OLD IRR REVISED IRR
Rule 414.13 Rule 414.13
• (a) The drawing must be signed by • Additional requirement:
the applicant…
(b) Photographs submitted online
must clear, adequately illustrate the
invention, and preferably be in black
and white. Colored photographs may
be allowed provided that the colors
show the invention more clearly than
can be done in black and white.

• (c) and (d) specified for manually

filed applications
Rule 415. General Requisites for Sequence
Listings
OLD IRR REVISED IRR
None Rule 415
Requirements for sequence listing:
• Page numbering format
• Type of file

NEW RULE
Sample of Sequence Listing
PAGE 1/5
May also be at the Center
NUMBER
Bottom of the page

If submitted via
MANUAL FILING:

Must be in PDF
form saved in CD-
ROM
Rule 418. Claims incurring Fee

OLD IRR REVISED IRR

Rule 417 Rule 418
• Should be paid in full upon filing
• Deficit in payment may be paid
within one (1) month from notice
• Claims directed to genus, specie,
or Markush type claims, i.e.,
claims which enumerate in
alternative manner, members or
variations which are properly
claimable as species shall incur
payment of claim fees
Claims fee: EXAMPLE
CLAIMS
1. A product X comprising A, B, and C.
2. A product X according to Claim 1 wherein C is Y.
3. Use of Product X for …..
4. Method of preparing product X according to Claims 1 or 2…
5. A product according to Claim 1 or 2….
6. A product according to Claim 1 or 2…

9. xxx ORIGINAL NUMBER OF CLAIMS

10. xxx UPON FILING?
10 CLAIMS
Claims fee: EXAMPLE
CLAIMS
1. A product X comprising A, B, and C.
2. A product X according to Claim 1 wherein C is Y.
3. Use of Product X for …..
4. Method of preparing product X according to Claims 1 or 2…
5. A product according to Claim 1 or 2….
6. A product according to Claim 1 or 2…
NUMBER OF CLAIMS TO BE PAID
UPON FILING IN EXCESS OF 5?
9. xxx
10. xxx 10-5= 5 excess
claims
Claims fee: Genus, specie, Markush
CLAIMS
1. A compound X according to Formula I. (Markush)

2. A compound according to Claim 1 selected from:

a) Compound A
ORIGINAL NUMBER OF CLAIMS
b) Compound B
UPON FILING?
c) Compound C
10 CLAIMS

9. xxx
10. xxx
Claims fee: Genus, specie, Markush
CLAIMS
1. A compound X according to Formula I. (Markush)

2. A compound according to Claim 1 selected from:

a) Compound A
b) Compound B NUMBER OF CLAIMS TO BE PAID UPON
c) Compound C FILING =
(Total number of claims-5) + (total
number of compounds-1)
9. xxx
10. xxx
Claims fee: Genus, specie, Markush
CLAIMS
1. A compound X according to Formula I. (Markush)

2. A compound according to Claim 1 selected from:

a) Compound A
b) Compound B NUMBER OF CLAIMS TO BE PAID UPON
FILING =
c) Compound C
(10-5) + (3-1) = 7
9. xxx
10. xxx
Rule 419. Presentation of the Application
Documents
OLD IRR REVISED IRR
Rule 418 Rule 419
• Rule 419 (c)
• Abstract page should be
written with the lines
numbered in sets of five
restarting on each page
• Rule 419 (h)
• The margins of the
documents making up the
application must be
completely blank and should
not contain any unnecessary
texts or information.
Sample of Abstract

TITLE

May also be
“ABSTRACT”

LINE NUMBER in set of 5

Rule 419. Presentation of the Application
Documents
OLD IRR REVISED IRR
Rule 418 Rule 419
• Rule 419 (i)
• Online filing requirements of
file types
• Rule 419 (j)
• Voluminous applications
should be filed in two (2)
copies if filed manually
Rule 422. Mandatory Appointment of
Resident Agent and Representative
for Non-Resident Applicants
OLD IRR REVISED IRR
Rule 421 Rule 422
• Failure to submit within one (1)
month from the notice shall
deem the application to be
withdrawn
Rule 422.2. Change in Address of
Applicant or Agent on Record

OLD IRR REVISED IRR

None Rule 422.2
• Applicant should inform the
Office of the change in address of
the applicant or agent
Rule 504. Proof of Authority

OLD IRR REVISED IRR

Rule 503 Rule 504
• Provides example of a proof of
authority such as special power of
attorney or the like
• Provides additional explanation,
particularly when the application is
filed electronically:
➢ If representative is an officer of
the corporation, no proof of
authority is required
➢ If representative, is not an
officer of the corporation, proof
of authority is required
Rule 505. Forms of Signature

OLD IRR REVISED IRR

a) A handwritten signature Additional valid signature:
b) Printed or stamped signature, a) (same)
seal, thumb marks b) (same)

c) any valid signatures valid under

PH laws
e.g. eSignature
Republic Act No. 8792, or the Electronic
(

Commerce Act of 2000 and its Implementing

Rules and Regulations)
Rule 600. Filing Date Requirements

OLD IRR REVISED IRR

Requirements: Additional requirements:

(a) An express or implicit • An abstract
indication that a Philippine • Drawings (if necessary)
patent is sought; • Payment of required fees at
(b) Information identifying the the time of filing
applicant and • The appointment of an agent
(c) Description of the invention or representative…
and one (1) or more claims.
Accordance of Filing Date
• Must comply with all the requirements under Rule 400 and
Rule 600
• Upon filing the Applicant must submit the following
(COMPLETE APPLICATION):
a) A duly accomplished request containing an express
indication that a Philippine patent is sought;
b) An abstract;
c) A Description of the invention;
d) At least one claim;
e) Drawing(s) (if any)***
f) Payment of required fees at the time of filing; *** and
g) The appointment of an agent or representative**
Rule 600.1. Incomplete Application

OLD IRR REVISED IRR

• If no drawings are submitted • Applicant is given one (1)
upon filing, the application month from the filing of the
shall be deemed as an application to submit the
incomplete Application drawings which will not affect
the filing date of the
application
• No need for the Office to issue
a Notice
Rule 600.2.

OLD IRR REVISED IRR

• For applications filed through a • Submission of original copy is
resident agent, copy of the one (1) month from Filing Date
application is accepted
provided that the original copy
is submitted within two (2)
months form the filing date
Rule 601. According a Filing Date
OLD IRR REVISED IRR
Rule 400 Requirements according to Rule
• (a) An express or implicit 400 and 600:
indication that a Philippine
patent is sought; • Requirements (a)-(g) (listed in
• (b)Information identifying the Rule 600) (COMPLETE
applicant; and APPLICATION)
• (c) Description of the invention
and one (1) or more claims.
Rule 601. According a Filing Date (cont’d)
OLD IRR REVISED IRR
Rule 400 Complete application filing date shall
• (a) An express or implicit be:
indication that a Philippine • Date of receipt of application in the
IPOPHL e-filing system
patent is sought;
• Mailing date stamped by the Post
• (b)Information identifying the Office
applicant; and • Date of actual receipt if filed
• (c) Description of the invention manually with the Office
and one (1) or more claims. • Date stamped received by the
IPSOs
Rule 601. According a Filing Date

xxx If the Examiner determines that an application is

incomplete, in requirements other than the filing fee,
publication fee (1st publication) and claim of priority fee,
and a filing date cannot be accorded, the Office shall issue
an Office Action identifying the deficiencies and the
applicant shall be given an opportunity to correct the
deficiencies. xxx
Rule 601. According a Filing Date
“requirements other than the filing fee, publication fee
(1st publication) and claim of priority fee”

▪ (f) Payment of required fees at the time of filing:

a) Filing fee (Rule 400)
b) 1st publication fee (Rule 400)
c) Priority Claim fee (Rule 400)
d) Claims incurring fee (Rule 418)
Fees prescribed under Rule 400 must be paid in full upon
filing. Otherwise, the application is considered as a
FAILED APPLICATION
Rule 601. According a Filing Date (cont’d)
OLD IRR REVISED IRR
Rule 400 For incomplete applications:
• (a) An express or implicit
indication that a Philippine • Fling date shall be the date when
all elements are actually received
patent is sought;
by the Office
• (b)Information identifying the
applicant; and • If missing elements (other than
• (c) Description of the invention fees) are not received within one
and one (1) or more claims. (1) month from notice of
incomplete application, application
is considered FORFEITED.
One-month grace period
NOTICE OF INCOMPLETE APPLICATION

▪ If any of the requirements listed in (a) to (g) was not

submitted upon filling, the Examiner shall issue a
Notice of Incomplete Application (except for the filing
fee, 1st pub fee, and priority claim fee and drawings –
requirement “e” and “f”).

▪ A one (1) month grace period shall be given to

complete the deficiency from the date of on which
the application was initially presented to the Office .
Rule 601. According a Filing Date (cont’d)
OLD IRR REVISED IRR
Rule 400 For incomplete applications:
• (a) An express or implicit • Fling date shall be the date when
indication that a Philippine all elements are actually received
by the Office
patent is sought;
• If not elements are not received
• (b)Information identifying the within one (1), application is
applicant; and considered FORFEITED.
• (c) Description of the invention • But will not be published and may
and one (1) or more claims. be filed anew

For applications deemed non-

compliant with respect to
appointment of resident agent and
representative, Rule 422 shall apply
FORFEITED APPLICATION
If after the lapsed of one (1) month grace period,
Applicant failed to comply to submit the deficiency:

A NOTICE OF FORFEITED APPLICATION shall be issued.

A Forfeited application will not be published and may

be filed anew
Process flow (Rule 600-601)
NO
w/in 1 month of
(except presentation to
FILING “e” and office
* Requirements “f”)
NOTICE OF Submitted
under Rule 400 deficienci
INCOMPLETE
& 600) es?
APPLICATION
NO
YES YES

ACCORDANCE OF NOTICE OF
FILING DATE FORFEITED
APPLICATION

* As to DRAWINGS: Applicant may submit drawings on their own w/o

need notice within one month from filing. No effect in FILING date.
IF ONLY POA/ARA is missing
If the only deficit is POA/ARA (requirement “g”), Rule
422 shall apply.

“Failure of an applicant who is not a resident of the

Philippines to appoint a Philippine resident agent within
one (1) month from the issuance by the Office of an
action directing the appointment of such agent, shall
cause the application, whether filed via direct route or
PCT national phase entry route, to be deemed
withdrawn.”
 Process flow (Rule 422 if POA/ARA is missing)

w/in 1 month of
mailing date
FILING
(Is the only NO Submitted
deficit RULE 600
(NOTICE OF deficienci
POA/ARA?) es?
INCOMPLETE
APPLICATION) NO
YES
RULE 422 (NOTICE
OF INCOMPLETE) YES NOTICE OF
ACCORD FORFEITED
w/in 1 month FILING DATE APPLICATION
of mailing
date Submitted YES
POA/ARA
?
NOTICE OF
NO WITHDRAWN
APPLICATION
Rule 602. Formality Examination
Rule 603. Late/Missing Drawings
OLD IRR REVISED IRR
(a) Late-filed drawings shall be (a) Drawings filed within one (1)
deemed deleted unless month from filing of the
applicant requests within two application will be accepted.
(2) months that the application (b) Drawings filed after one (1)
be granted a new filing date month from filing of the
which is the date on which the application will be deemed
drawing were filed. deleted unless applicant
(b) Applicant has two (2) months requests within one (1) month
from the notice to submit the from the notice that the
missing drawings, application be granted a new
filing date which is the date on
which the missing drawings
were filed
Rule 603. Late/Missing Drawings
OLD IRR REVISED IRR
(c) If no drawings were submitted, (c) If no drawings were submitted,
applicant shall have two (2) months applicant shall have one (1) month
from the notice to file the drawings from the notice to file the drawings
and a new filing date will be given and a new filing date will be given
which is the date when the drawings which is the date when the drawings
were submitted, otherwise, were submitted, otherwise,
reference to them will be deleted. reference to them will be deleted.

(d) Late filed drawings shall be (d) The new filing date will be cited
deemed deleted unless the applicant in all succeeding correspondences
request within two (2) months from between the office and the
the date of submission that a new applicant.
filing date be issued to the
application. Additional drawings beyond the
original disclosure shall be denied
entry.
Process flow (Rule 603)
NOTICE
Missing a) DRAWINGS are DEEMED DELETED or
Drawings Submission b) Applicant may requests within 1
date is w/in 1 N month from the notice that the
month from application be granted a NEW FILING
filing of the (603(b))
application?
Y
Are the
missing Y
drawings
submitte
YES Late-filed drawings
d? Applicant and references to
requests, such drawings are
within 1
NO
deemed DELETED
NO month from (603(b))
notice that a
new filing date
be issued?
A NEW FILING DATE
NOTICE that drawings are YES
deemed accepted for (date on which the
examination, Filing date is COMPLETE drawings
retained (600.1, 603(a)) are filed) (603(b))
Process flow (Rule 603)
A NOTICE to file the
drawings within 1 Applicant
month from notice requests, within
(603.c) 1 month from YES
the
Ndate of
submission that
a new filing date
be issued?

Are the missing

drawings NO
YES
submitted
within 1 month NEW FILING DATE (date on
from notice? which the COMPLETE
drawings are filed) (603.c)

NO Missing drawings and

references to such drawings
are deemed DELETED (603.d)
Rule 928. Withdrawal of Application–
OLD IRR REVISED IRR
Rule 928(a) Rule 928(a)
If an applicant fails to prosecute his (a) An applicant is provided a
application within the required time as maximum period of two (2)
provided in these Regulations, the months from the mailing date of
application shall be deemed withdrawn.
the official action to file a
response.

* A Notice of Withdrawn
Application shall be mailed to the
applicant for such failure to respond.
Rule 928(b). Extension to file Response
OLD IRR REVISED IRR
Rule 928(a) Rule 928(b)
Provided, that the aggregate period • for good and sufficient cause and
granted inclusive of the initial period for a reasonable time specified.
allowed to file the response shall not • only one (1) request for
exceed six (6) months from the mailing
extension for a maximum period
date of the official action requiring such
of two (2) months.
response.
Rule 928(b). Extension to file Response
Only ONE EXTENSION may be granted.

• DURATION OF EXTENSION: Maximum of 2 months

• Within the discretion of the Examiner whether the

Duration to file extension is 1 month or 2 months
Rule 929. Revival
OLD IRR REVISED IRR
Rule 929 Rule 929
An application deemed withdrawn for • within a period of three (3) months
failure to prosecute may be revived as a from the mailing date of the notice of
pending application within a period of withdrawal
four months from the mailing date of the • A showing that failure was due to
notice of withdrawal. fraud, accident, mistake, or
excusable negligence.

• Failure to provide any of the

enumerated requirements shall cause
the denial of the petition for revival.

• Notice of Forfeiture for Failure to

Revive
Rule 929.1 Revival without COST
OLD IRR REVISED IRR
Rule 929.1 Rule 929.1
a petition to revive without cost is filed • within a period of three (3) months
within four (4) months from the date of from the mailing date of the notice of
withdrawal of the application.. withdrawal

• Avail Revival with Cost upon DENIAL

of Revival without Cost within one
month from notice of denial and
requisites in Rule 929 are complied
with.

• Revival with Cost cannot be availed

of if the denial od revival without
cost is due to being filed out of time.
Process flow (Revival)
NOTICE OF WITHDRAWN
APPLICATION

NOTICE OF ORDER OF
Filed NO FORFEITED DENIAL
revival? APPLICATION
w/in 3 month of
YES mailing date of
NO
Notice
NO Is the
FAULT OF REVIVAL WITH COST petition
OFFICE? Compliant
?

YES YES
REVIVAL WITHOUT
ORDER OF
COST
REVIVAL
Process flow (Revival w/o COST)
REVIVAL WITHOUT COST

REVIVAL
NO YES Cannot file
WITHOUT Denial due for
being filed out Revival with
COST
of time? cost
GRANTED?
w/in 1 month of
YES NO mailing date of Order
of Denial of Revival
Without COST
ORDER OF
REVIVAL

REVIVAL WITH
COST
Rule 930. Voluntary Withdrawal

OLD IRR REVISED IRR

• Mere WRITTEN • VERIFIED Declaration of Withdrawal
Declaration of is required.
Withdrawal is sufficient. • VERIFICATION means that:
A) Signed by the party or the authorized
• Deemed Withdrawn the representative or lawyer
day after the filing of B) A verification that the party has read
Written Declaration. the declaration and that the statements
therein are true and correct of his
personal knowledge or based on
authentic records.

Declaration of Withdrawal must now be

VERIFIED.
Rule 930.1 PUBLICATION and OPPOSITION

OLD IRR REVISED IRR

• No provision for Addition of mandatory publication of
Publication of Voluntary declaration of withdrawal.
Withdrawal and
Opposition Addition of new remedy of filing
Opposition for third parties affected of
the voluntary withdrawal.
Rule 930.1 PUBLICATION and OPPOSITION
FILING OF DECLARATION OF WITHDRAWAL of the
WITHDRAWAL APPLICATION
(No publication and Not subject
to Opposition)

Is the Application NO
already Published? A
(1st Publication)

YES YES
(w/in 15 days)
Is there an
OPPOSITION filed
PUBLICATION (IPOPHL E- within 15 days?
Gazette)
NO

B
Rule 930.1 OPPOSITION

A DISMISSAL of the
OPPOSITION by the
DIRECTOR

Is the Written
Opposition Compliant NO
with the
GRANT of WITHDRAWAL OF
Requirements?
THE APPLICATION
YES

DECISION OF DIRECTOR ON
THE OPPOSITION (RULE B PUBLICATION (IPOPHL E-
930.2) Gazette)
Rule 930.2 Decision on OPPOSITION
DECISION OF DIRECTOR ON ORDER TO DENY
THE OPPOSITION (RULE OPPOSITION
930.2)
NO MR

NO
GRANT of WITHDRAWAL OF
The Director THE APPLICATION
GRANTED the
Opposition?

PUBLICATION (IPOPHL E-
YES
Gazette)

ORDER TO GRANT
OPPOSITION
NO APPEAL TO DIRECTOR
MR GENERAL
UTILITY MODEL

2022 REVISED IRR

SUMMARY (UM) (Common)
REVISED IRR
TOPIC REMARKS
(Rule #)
Effect of non-
payment of Filing fee,
Rule 1404-1404.1 Same as Rule 401 (Patents)
1st pub fee, and
priority claim fee

Claim incurring fee Rule 1405 Same as Rule 418 (Patents)

Filing Date Rule 1406 Same as Rule 600 (Patents)

Incomplete Same as Rule 600.1 and 600.2

Rule 1406.1
Application (Patents)

Accordance of Filing
Rule 1406.2 Same as Rule 601 (Patents)
Date
SUMMARY (UM) (Common)
REVISED IRR
TOPIC
(Rule #)
Rule 1403.7 and Rule Same as Rule 411 and 419
Abstract
1603 (c) (Patents)

Late-filed or missing
Rule 1406.3 Same as Rule 603 (Patents)
drawings.

Same as Rule 929 (Patents)

Withdrawal Rule 1412

Extension to File Rule 1412 Same as Rule 929 (Patents)

Response

Revival (with cost and Rule 1412 Same as Rule 929.1 (Patents)
without cost)
SUMMARY (UM) (Common)
REVISED IRR
TOPIC
(Rule #)

Voluntary Withdrawal Rule 1414 Same as 930 (Patents)

Publication of the
Declaration of
Rule 1414.1 Same as Rule 930.1 (Patents)
Withdrawal and Filing
of Opposition

Decision of the Rule 1414.2 Same as Rule 930.2 (Patents)

Director on Opposition
RULE 1403. THE UTILITY MODEL APPLICATION

FILING CHANNELS (Where can I file?)

OLD IRR REVISED IRR

• Post • IPOPHL E-filing system;

• Office • Electronic format or through
• Electronic format/Internet the internet, such as through
(Subject to Availability) email, or
• IPSOs

NOTE: The option to file via OFFICE and

COURIER/POST OFFICE is not available for UM
Rule 1403.1. Title.

OLD IRR REVISED IRR

• Fancy names are not • All fancy names, brand names,

permissible. or trademarks are not
permissible in the title.
Rule 1407. Registration of Utility Model

OLD IRR REVISED IRR

• Applicant may request • The Director shall decide

Registrability Report whether or not to register the
utility model. For this purpose,
the Director may issue a
registrability report motu
proprio.
• Applicant may request
Registrability Report
Process Flow (Rule 1407) (Motu Proprio)
CERTIFICATE OF Director directs the Examiner
REGISTRATION to issue Registrability report

Is there a relevant
The Director NO prior art cited in
decides to register the Registrability
the UM? Report?

YES NO YES

REGISTERED
DENY OR Direct
Applicant to AMEND
APPLICATION
INDUSTRIAL
DESIGN

2022 REVISED IRR

SUMMARY (ID) (Common)
REVISED IRR
TOPIC REMARKS
(Rule #)
Effect of non-
payment of Filing fee,
Rule 1505-1505.1 Same as Rule 401 (Patents)
1st pub fee, and
priority claim fee

Filing Date Rule 1510 Same as Rule 600 (Patents)

Incomplete Same as Rule 600.1 and 600.2

Rule 1510.2
Application (Patents)

Accordance of Filing
Rule 1510 and 1510.2 Same as Rule 601 (Patents)
Date
SUMMARY (ID) (Common)
REVISED IRR
TOPIC
(Rule #)

Late-filed or missing
Rule 1510.3 Same as Rule 603 (Patents)
drawings.

Same as Rule 929 (Patents)

Withdrawal Rule 1515

Extension to File Rule 1515 Same as Rule 929 (Patents)

Response

Revival (with cost and Rule 1515 Same as Rule 929.1 (Patents)
without cost)
SUMMARY (ID) (Common)
REVISED IRR
TOPIC
(Rule #)

Voluntary Withdrawal Rule 1517 Same as 930 (Patents)

Publication of the
Declaration of
Rule 1517.1 Same as Rule 930.1 (Patents)
Withdrawal and Filing
of Opposition

Decision of the Rule 1517.2 Same as Rule 930.2 (Patents)

Director on Opposition
Rule 1503. Degree of Novelty

OLD IRR REVISED IRR

• Minor resemblance of design is The term minor resemblance was

not new deleted. Amended to conform
with the “ordinary observer test.”

Instead, the ID will not be new if

substantially similar to prior
designs whereby their
resemblance can be mistaken for
such prior designs by an ordinary
observer.
Rule 1503. Novelty

PRIOR DESIGN APPLICATION

Rule 1503. Novelty

SUBSTANTIALLY THE
SAME= NOT NOVEL
PRIOR DESIGN APPLICATION
RULE 1504. THE INDUSTRIAL DESIGN APPLICATION

FILING CHANNELS (Where can I file?)

OLD IRR REVISED IRR

• Post • IPOPHL E-filing system;

• Office • Electronic format or through
• Electronic format/Internet the internet, such as through
(Subject to Availability) email, or
• IPSOs

NOTE: The option to file via OFFICE and

COURIER/POST OFFICE is not available for ID
Applications
Rule 1506.4. CLAIM
CLAIM FORMAT
OLD IRR REVISED IRR

Claim Format: Provides for either two format for the

“Article (specifying name) substantially claim.
as shown and described.” (1) “Article (specifying name)
substantially as shown and
described.”

(2) “Article (specifying name)

substantially as shown.”
RULE 1504. THE INDUSTRIAL DESIGN APPLICATION

APPLICATION REQUIREMENTS
OLD IRR REVISED IRR
Application Documents Application Documents
- Duly-accomplished Request Form - Duly-accomplished Request Form
- Description - Description
- Title - Title
- Brief Description of Several Views of - Name of Applicant with applicant's
the Drawings first name, middle initial, and last
- Characteristic Feature name, if the applicant is a natural
- Claim person
- Drawings - Brief Description of Several Views of
the Drawings
- Characteristic Feature
- Claim
- Drawings
- Payment of Fees at the time of filing
- POA, if applicant is not a resident of the
Philippines
Rule 1514.1 Deferment of Publication (NEW)

Rule 1514.1.Deferment of Publication. – An applicant may request for a

deferment of publication simultaneously with the filing of the industrial
design application or at any time prior to publication date. The maximum
period allowed for the deferred publication shall be twelve (12) months
from the filing date or priority date of the application. A second period of
deferment for a maximum period of another twelve (12) months may be
allowed. A third deferment period shall not be allowed. In case the request
for deferment is made after the filing date, the allowed period for the
deferred publication shall be the remaining time from the allowed twelve
(12) months deferment period. The applicant may request for a specific time
for the Office to publish the application, provided it does not go beyond the
maximum allowed twenty-four (24) months deferment period.
Deferment of Publication

A) Upon filing:
- Deferment shall be for maximum period of twelve (12) months
from effective filing date;
- A second period of deferment for another twelve (12) months
may be allowed, without the possibility of having another
deferment period.

B) After filing:
- Applicants may still avail the deferment; however, the twelve (12)
month period still reckons from the filing date;
- a second twelve (12) month may be availed, without the
possibility of having a third period.
Process Flow (Rule 1514-1514.1)
Applicant filed a
FORMALITY EXAMINATION Request for
(RULE 1512) Deferment of
Publication?
NO

YES
Complied with all YES
the formality PUBLISH (IPOPHL
requirements? e-gazette)

NO Request filed
simultaneously
ISSUE FORMALITY upon filing?
NO
ACTION

YES
A
B
Deferment of Publication (Request was made
upon filing)
Upon filing A

Request filed
simultaneously
upon filing? Request for 2nd
deferment (12
YES months) ?
NO

GRANT OF DEFERMENT (1st) YES

MAXIMUM
(12 months from effective
filing date) GRANT OF
DEFERMENT
(2nd)
NOTE: Only up to 2 deferments may PUBLISH (IPOPHL
be allowed. e-gazette)
Rule 1511. Registration of INDUSTRIAL DESIGN

OLD IRR REVISED IRR

• Applicant may request • The Director shall decide

Registrability Report whether or not to register the
ID. For this purpose, the
Director may issue a
registrability report motu
proprio.
• Applicant may request
Registrability Report

NOTE: SAME as that of Registration of UM

QUESTIONS?