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[ IPOPHL MEMORANDUM CIRCULAR NO. 16-012 Series of 2016, November 29, 2016 ]
IPOPHL REVISED FEE STRUCTURE OF 2017
WHEREAS, Sec. 7 of Rep. Act No. 8293, also known as the Intellectual Property Code of the Philippines ("IP Code") conferred upon the Director General the power of managing and directing all functions and activities of the Office, including the "establishment of fees for the filing and processing of an application for a patent, utility model or industrial design or a mark or a collective mark, geographic indication and other marks of ownership, and for all other services performed and materials furnished by the Office".;
WHEREAS, the existing schedule of fees was implemented way back in January 2004;
WHEREAS, the IPOPHL is rationalizing and streamlining its fee structure there being urgency for IPOPHL to make adjustments in order to: first, address inflation and rising operational costs and expenses, second, support additional mandates and services, and other developmental programs/projects and advocacies; and third, reduce or abolish redundant fees;
WHEREAS, in rationalizing it fees, the IPOPHL complied with all the requirements, including public consultations, set forth in DOF-DBM-NEDA Joint Circular No. 1-2013, also known as the "Implementing Rules and Regulations of Administrative Order No. 31 s. 2012, on the Rationalization of Rates of Fees and Charges, Increase in Existing Rates and Imposition of New Fees and Charges";
WHEREAS, the Secretary of the Department of Trade and Industry has approved the IPOPHL Revised Fee Structure;
NOW, THEREFORE, the IPOPHL Revised Fee Structure of 2017 is hereby promulgated:
PART I
GENERAL PROVISIONS
Section 1. Title. These Rules shall be known and referred to as the "IPOPHL Revised Fee Structure".
Section 2. Definition of terms and acronyms. Unless otherwise specified, the following terms and acronyms shall mean or refer to:
Section 3. Fees payable in advance. - All fees shall be collected in advance of any service to be rendered or materials to be furnished. The Office may not act on any pending transaction or request unless the prescribed fee is paid in full and on or before the due date.
Section 4. Due date for fees. - Fees shall be paid on or before the due date prescribed in the IP Code or IRRs. Where no due date is specified, the fees shall be due upon submission or filing of the request for the service or material incurring the fee.
Section 5. Payment of fees. - 5.1 Fees shall be paid in cash, money order, bank drafts, cheques in Philippine currency, and other modes of payment as may be provided or prescribed by the IPOPHL. Payment of fees for on-line transactions shall be in the form prescribed by the applicable IRRs.
5.2 Where the schedule of fees provides for rates under the "BIG" and "SMALL" columns, a big entity shall pay the fee at the rate under the "BIG" column while a small entity shall pay the fee at the rate listed under the "SMALL" column. Where the schedule provides for a single rate, that rate shall apply to both big and small entities.
5.3 Any natural or juridical person is presumed to be a big entity unless a written statement to the contrary is submitted by such natural person or duly authorized representative of such juridical person. A small entity may claim to pay the rate listed under the "SMALL" column at the time of filing the application or case by submitting the aforementioned written statement. Said written statement shall be submitted only once for each application or case.
The change in status or any assignment or other transfer from big entity to small entity shall not result in any refund whatsoever of any payment made prior to the submission of the written statement. A change in status, assignment or other transfer from small entity to big entity shall not result in any increase of fees paid prior to the recordal of the change, assignment or other transfer.
5.4 An applicant or party paying as small entity may be required to submit proof or evidence confirming such status at any time prior to the grant, registration, finality of decision, or release of documents if the request is not subject of a patent, utility model, industrial design, trademark or case filed before the Office. Failing so, the IPOPHL shall assess the party and no document shall be released without the party paying the assessed amount.
5.5 A youth filer shall pay fees at the rate listed under the column "SMALL". When the schedule provides for a single rate, the youth filer shall pay only fifty percent (50%) of the prescribed fee. This applies to all the fees in connection with the application and, if registered, the maintenance, extension or renewal of registration and all the fees in connection with any case before the Office or any Bureau where the application, or if already registered, the registered intellectual property is directly involved; Provided that ownership of the application or registration remains with the youth filer; Provided, Further, that in case of any assignment, transfer or any other change in the owner of the application or registration, the age requirement specified above is met by all the subsequent assignees, transferees, or additional applicants or registrants.
Subject to the conditions under Section 5.4, a youth filer may claim to pay the rates as provided above at the time of filing the application by submitting a statement that he or she has not reached his or her twenty-second (22nd) birthday. If the youth filer is a group, all of them shall, individually or together, submit the statement.
Section 6. Date of Payment. - Fees shall be considered to have been paid as follows:
Section 7. Time and place of payment. - Payment transactions shall be made during regular working days and business hours from Monday to Friday 8:00 a.m. to 5:00 p.m. to the IPOPHL cashier. Where any official response, pleading or other document or paper is to be submitted for which a fee is required, the payment shall be made not later than 4:30 pm and submission shall nevertheless be made not later than 5:00 p.m. The filing of documents and payments for on-line transactions and other modes as may be allowed or prescribed by the IPOPHL shall be made in accordance with the applicable IRRs.
Section 8. Non-payment or Insufficiency of the amount paid. - Subject to the IP Code or the applicable IRR, the Office may give the person making the payment the opportunity to fully pay the fee or any notice. Failure to pay the full amount shall not result in any refund whatsoever of any amount already paid. On-line transactions shall be paid in full in accordance with the pertinent IRRs.
Section 9. Time and place for submission of documents. - Any official response, pleading or other document or paper, whether or not a fee is due, shall be submitted to the Office during regular working days and business hours from Monday to Friday, at 8:00 a.m. to 5:00 P.M. Where a fee is due, the same must be paid not later than 4:00 pm and submission shall nevertheless be made not later than 5:00 p.m.
Section 10. Legal Research Fund (LRF), - All fees and charges shall be subject to the payment of the LRF required by Presidential Decree No. 200 at the rate of one percent (1%) of the fee paid but not less than Two Pesos (Php2.00). In this regard, the IPOPHL shall furnish the University of the Philippines Law Center reports on its collection and remittance of the LRF.
Section 11. Error or Mistake in Payment. - All fees or excess amounts paid without fault on the part of the IPOPHL shall be deemed as donation to the Office. If fees or excess amounts are paid due to error on the part of the IPOPHL, the applicant or party may file with the Financial Management and Administrative Services Bureau the request for refund within 30 days from the date of payment of the fees or excess amounts. If no request is filed within the aforementioned period or if the request is found to be not meritorious, the fees and excess amounts shall inure to the benefit of, and shall be deemed as donation to, the Office.
PART II
SCHEDULE OF FEES
Section 12. Schedule of General Fees. The general fees prescribed in this section are applicable to the service and materials furnished by all the Bureaus and offices of the IPOPHL.
Section 13. Schedule of Invention Patent-related fees. -The fees provided in this Section shall apply to invention patents.
Section 14. Schedule of Fees on Utility Model and Industrial Design Patents. - The fees provided in this Section shall apply to utility model and industrial design patents.
Section 15. Schedule of Patent-related Fees for applications under Republic Act No. 165. - The rates provided in this Section shall apply to applications filed and/or granted under Republic Act No. 165. The rate of other applicable fees which are not found in this Section shall be based on rates provided in Part III, Sections 1, 2 and 3 of these Rules. In determining the due date of the Annual Fees (Reference Code Nos. 420 through 433), the date issuance of the patent is the same as the date when the Director of Patents approved and signed the allowance.
Section 16. Schedule of Trademark-related Fees. -The fees provided in this section shall apply to trademarks, service marks, trade names and marked or stamped containers.
Section 17. Schedule of Fees in Inter Partes Cases and Administrative Complaints for violation of laws on intellectual property rights.- The fees provided in this Section shall apply to Inter partes Cases (petition for Cancellation of a Mark, patent, Utility Model, or Industrial Design; Opposition to Registration of a Mark; and Compulsory Licensing) and Administrative Complaints for violation of laws on intellectual property rights.
Section 18. Schedule of Fees on Voluntary Licensing Intellectual Property information and Search Services and Dispute Settlement involving Technology Transfer Arrangements. - The fees provided in this Section shall apply to voluntary licensing, intellectual property information and search services, and, dispute settlement. Reduction in rate shall not apply to these fees.
Section 19. Schedule of Copyright Related Fees - The fees provided in this Section shall apply to voluntary licensing, intellectual property information and search services, and, dispute settlement. Reduction in rate shall not apply to these fees.
PART III
FINAL PROVISIONS
Section 20. Periodic Review of Fees. - The IPOPHL Revised Fee Structure shall be reviewed whenever necessary and as may be required by law, executive order, regulation or other issuance.
Section 21. Effectivity. - The IPOPHL Revised Fee Structure shall take effect on 01 January 2017 following its publication in a newspaper of general circulation and posting in the IPOPHL website.
Section 22. Payment of Fees Due Prior to the Effectivity of the IPOPHL Revised Fee Structure. - Any type of fee the payment of which is due prior to the effectivity of the IPOPHL Revised Fee Structure shall be based on the old rates. The old rates apply if an extension to pay has been granted prior to 01 January 2017 and the due date falls on or after 01 January 2017; or, if the payment is due prior to 01 January 2017, but the due date falls on a Sunday, Saturday, holiday or a non-working day, and the next working day falls on or after 01 January 2017.
However, the new rates apply if an applicant or party is assessed due to failure to file proof or evidence confirming status as small entity or youth filer under Sections 5.4 and 5.5, notwithstanding the fact that the prior payment was made or an extension to pay was granted before 01 January 2017.
Section 23. Repeals. - All rules and regulations, memoranda, circulars, and memorandum circulars and parts thereof inconsistent with these Rules, particularly the fees and charges prescribed under the "IPO Fee Structure Office Order No. 128, s. 2003" dated 17 December 2003 are hereby repealed except for purposes of Section 22.
Section 24. Separability. - If any provision in these Rules or application of any provision to any circumstance is held invalid, the remainder of these Rules shall not be affected and shall not be an excuse for non-payment of any fee prescribed by the law or applicable IRRs.
Section 25. Furnishing of Certified copies. - The Financial Management and Administrative Services Bureau is hereby directed to immediately file three (3} certified copies of these Rules with the University of the Philippines Law Center, and, one (1) certified copy each to the Office of the President, the Senate of the Philippines, the House of Representatives, the Supreme Court of the Philippines, and the National Library, not later than 05 December 2016.
The Management Information Services Bureau is hereby directed to post this Memorandum Circular in the IPOPHL website not later than 02 December 2016.
SECTION 26. Effectivity.- These rules and regulations shall take effect on 01 January 2017 after publication in a newspaper of general circulation.
Done this NOV 29 2016, Taguig City.
[1] The Filing Fee includes the first five (5) claims.
[2] Accelerated Substantive Examination process shall be covered by separate Guidelines.
[3] Annuity Fee increases due to commercialization or exploitation of the patent.
[4] Claims in excess of five (5) shall be paid.
[5] Late entry fee is 50% of the filing fee.
[6] Includes extension to file response to office actions on Declaration of Actual Use (DAU), Recordal and Examination
[7] Per request, regardless of number of classes to be divided
[8] To amend formalities, i.e. to delete portion of the mark or description of goods
[9] Includes recordal of assignment, change of name/address, merger
[10] Upon examination, the specification of goods (broad terms) may be classified under a different class.
[11] Includes replacement (on account of recordation), copy of certificate, reissuance (with correction/ amendment and renewal of certificates.
[12] To correct error or mistake by the applicant/registrant
[13] Fee for every International Application filed with IPOPHL as Office of Origin. This international application will be electronically transmitted to the International Bureau (IB) of WTPO.
[14] Fee for International Registrations Designating the Philippines and for Designations Subsequent to the International Registration. This is paid to IB through. PH local banks.
[15] Fee paid to the International Bureau every 10 years from the international registration date. The renewal should be presented and paid to IB.
[16] Fee paid for a request to transform or convert an International Registration into a national application. This is a remedy for the holder when the basic mark ceases to have an effect because it has been withdrawn, has lapsed, has been renounced or has been the subject of a final decision of rejection, revocation, cancellation or invalidation.
[17] Fee paid for a request to replace a national registration with an International Registration. Replacement happens when, "a mark that is the subject of a national or regional registration in the Office of a Contracting Party is, under certain conditions, deemed to be replaced by an international registration of the same mark". There exists in the IPOPHL database, the same mark filed through the national filing, under the name of the same holder and "all the goods and services listed in the national or regional registration are also listed in the international registration in respect of that Contracting Party".
[18] Fee paid for other Madrid-related requests not falling under any of the above fees, which may be any document for transmittal to IB.
[19] An International Registration, like a national application, will not be registered unless the basis of the priority claim has been registered in the foreign country. If the foreign application has not yet matured into registration, the holders, through their agents may file a request for extension to submit a copy of home registration.
[20] New Fee, subject to promulgation/amendment of existing Rules.
[21] Any party of a technology transfer arrangement may file a request for preliminary review of a draft TTA to determine conformance with the Prohibited Clauses and Mandatory Provisions of the IP Code
[22] Amends any of the terms and conditions of the agreement
WHEREAS, the existing schedule of fees was implemented way back in January 2004;
WHEREAS, the IPOPHL is rationalizing and streamlining its fee structure there being urgency for IPOPHL to make adjustments in order to: first, address inflation and rising operational costs and expenses, second, support additional mandates and services, and other developmental programs/projects and advocacies; and third, reduce or abolish redundant fees;
WHEREAS, in rationalizing it fees, the IPOPHL complied with all the requirements, including public consultations, set forth in DOF-DBM-NEDA Joint Circular No. 1-2013, also known as the "Implementing Rules and Regulations of Administrative Order No. 31 s. 2012, on the Rationalization of Rates of Fees and Charges, Increase in Existing Rates and Imposition of New Fees and Charges";
WHEREAS, the Secretary of the Department of Trade and Industry has approved the IPOPHL Revised Fee Structure;
NOW, THEREFORE, the IPOPHL Revised Fee Structure of 2017 is hereby promulgated:
GENERAL PROVISIONS
Section 1. Title. These Rules shall be known and referred to as the "IPOPHL Revised Fee Structure".
Section 2. Definition of terms and acronyms. Unless otherwise specified, the following terms and acronyms shall mean or refer to:
Section 3. Fees payable in advance. - All fees shall be collected in advance of any service to be rendered or materials to be furnished. The Office may not act on any pending transaction or request unless the prescribed fee is paid in full and on or before the due date.
Section 4. Due date for fees. - Fees shall be paid on or before the due date prescribed in the IP Code or IRRs. Where no due date is specified, the fees shall be due upon submission or filing of the request for the service or material incurring the fee.
Section 5. Payment of fees. - 5.1 Fees shall be paid in cash, money order, bank drafts, cheques in Philippine currency, and other modes of payment as may be provided or prescribed by the IPOPHL. Payment of fees for on-line transactions shall be in the form prescribed by the applicable IRRs.
5.2 Where the schedule of fees provides for rates under the "BIG" and "SMALL" columns, a big entity shall pay the fee at the rate under the "BIG" column while a small entity shall pay the fee at the rate listed under the "SMALL" column. Where the schedule provides for a single rate, that rate shall apply to both big and small entities.
5.3 Any natural or juridical person is presumed to be a big entity unless a written statement to the contrary is submitted by such natural person or duly authorized representative of such juridical person. A small entity may claim to pay the rate listed under the "SMALL" column at the time of filing the application or case by submitting the aforementioned written statement. Said written statement shall be submitted only once for each application or case.
The change in status or any assignment or other transfer from big entity to small entity shall not result in any refund whatsoever of any payment made prior to the submission of the written statement. A change in status, assignment or other transfer from small entity to big entity shall not result in any increase of fees paid prior to the recordal of the change, assignment or other transfer.
5.4 An applicant or party paying as small entity may be required to submit proof or evidence confirming such status at any time prior to the grant, registration, finality of decision, or release of documents if the request is not subject of a patent, utility model, industrial design, trademark or case filed before the Office. Failing so, the IPOPHL shall assess the party and no document shall be released without the party paying the assessed amount.
5.5 A youth filer shall pay fees at the rate listed under the column "SMALL". When the schedule provides for a single rate, the youth filer shall pay only fifty percent (50%) of the prescribed fee. This applies to all the fees in connection with the application and, if registered, the maintenance, extension or renewal of registration and all the fees in connection with any case before the Office or any Bureau where the application, or if already registered, the registered intellectual property is directly involved; Provided that ownership of the application or registration remains with the youth filer; Provided, Further, that in case of any assignment, transfer or any other change in the owner of the application or registration, the age requirement specified above is met by all the subsequent assignees, transferees, or additional applicants or registrants.
Subject to the conditions under Section 5.4, a youth filer may claim to pay the rates as provided above at the time of filing the application by submitting a statement that he or she has not reached his or her twenty-second (22nd) birthday. If the youth filer is a group, all of them shall, individually or together, submit the statement.
Section 6. Date of Payment. - Fees shall be considered to have been paid as follows:
Section 7. Time and place of payment. - Payment transactions shall be made during regular working days and business hours from Monday to Friday 8:00 a.m. to 5:00 p.m. to the IPOPHL cashier. Where any official response, pleading or other document or paper is to be submitted for which a fee is required, the payment shall be made not later than 4:30 pm and submission shall nevertheless be made not later than 5:00 p.m. The filing of documents and payments for on-line transactions and other modes as may be allowed or prescribed by the IPOPHL shall be made in accordance with the applicable IRRs.
Section 8. Non-payment or Insufficiency of the amount paid. - Subject to the IP Code or the applicable IRR, the Office may give the person making the payment the opportunity to fully pay the fee or any notice. Failure to pay the full amount shall not result in any refund whatsoever of any amount already paid. On-line transactions shall be paid in full in accordance with the pertinent IRRs.
Section 9. Time and place for submission of documents. - Any official response, pleading or other document or paper, whether or not a fee is due, shall be submitted to the Office during regular working days and business hours from Monday to Friday, at 8:00 a.m. to 5:00 P.M. Where a fee is due, the same must be paid not later than 4:00 pm and submission shall nevertheless be made not later than 5:00 p.m.
Section 10. Legal Research Fund (LRF), - All fees and charges shall be subject to the payment of the LRF required by Presidential Decree No. 200 at the rate of one percent (1%) of the fee paid but not less than Two Pesos (Php2.00). In this regard, the IPOPHL shall furnish the University of the Philippines Law Center reports on its collection and remittance of the LRF.
Section 11. Error or Mistake in Payment. - All fees or excess amounts paid without fault on the part of the IPOPHL shall be deemed as donation to the Office. If fees or excess amounts are paid due to error on the part of the IPOPHL, the applicant or party may file with the Financial Management and Administrative Services Bureau the request for refund within 30 days from the date of payment of the fees or excess amounts. If no request is filed within the aforementioned period or if the request is found to be not meritorious, the fees and excess amounts shall inure to the benefit of, and shall be deemed as donation to, the Office.
SCHEDULE OF FEES
Section 12. Schedule of General Fees. The general fees prescribed in this section are applicable to the service and materials furnished by all the Bureaus and offices of the IPOPHL.
GENERAL AND OTHER FEES | ||
| Type of Fee | Small Entity | Big Entity |
| IPOPHL Publications | At cost | At cost |
| Document Retrieval Fee (2-3 days) | 207.00/box | 207.00/box |
| Document Retrieval Fee (express - 1 day) | 560.00 /box | 560.00/box |
| Request for Reconstitution of Records | 900.00 | 900.00 |
| Certification | 370.00 | 370.00 |
| Certified True copy | 500.00 | 500,00 |
| Computer print-out (per printed sheet) | 20.00 | 20.00 |
| IPOPHL Box (annual) | 3,000.00 | 3,000.00 |
| Photocopy (domestic) (per printed sheet) Note: Prevailing rate will be determined and announced from time to time | 3.50 | 3.50 |
| 12-month subscription to E-Gazette | 12,600.00 | 12,600.00 |
| Appeal to the Bureau Director from refusal, rejection, examiner's action, final orders or decisions | 3,300.00 | 3,300.00 |
| Appeal to the Director General from the decision of the Bureau Director | 5,500.00 | 5,500.00 |
| Other motions | 300.00 | 700.00 |
| Request for Deferment of Publication | 1,000.00 | 2,000.00 |
| Enforcement Action | ||
| Filing of Verified Enforcement Complaint by the IPR Holder | 2,000.00 | 2,000.00 |
Section 13. Schedule of Invention Patent-related fees. -The fees provided in this Section shall apply to invention patents.
| SCHEDULE OF FEES ON PATENTS | ||
| Type of Fee | Small Entity | Big Entity |
| Pre-Examination | ||
| Filing fee[1] - Invention | 2,000.00 | 4,320.00 |
| For each sheet in excess of thirty (30) | 18.00 | 36.00 |
| Sequence listings for INV in excess of 4000 pages | 0.60 | 2.40 |
| For each claim in excess of five (5) | 180.00 | 360.00 |
| Request for right of priority per priority claim | 1,000.00 | 2,160.00 |
| Request for extension of time to file priority documents | 740.00 | 1,560.00 |
| Divisional application (for each division) | 2,000.00 | 4,320.00 |
| Conversion from Utility Model to Invention | 690.00 | 1,440.00 |
| Early Publication: Request for Publication before the expiration of 18 months from filing date or priority date | 6,600.00 | 6,600.00 |
| Publication Fee | 920.00 | 960.00 |
| Examination | ||
| Request for extension of time to file Response - first | 360.00 | 720.00 |
| Request for extension of time to file Response - second | 390.00 | 780.00 |
| Substantive Examination | 2,010.00 | 4,200.00 |
| Early Substantive Examination | 2,500.00 | 5,000.00 |
| Revival Fee | 570.00 | 1,200.00 |
| Revival Fee for Non-Payment of 1st Publication Fee | 920.00 | 960.00 |
| Request for Accelerated Substantive Examination[2] | 500.00 | 1,000.00 |
| Accelerated Substantive Examination Fee | 6,600.00 | 13,320.00 |
| Post-Examination | ||
| Issuance of Letters Patent certificate (Invention) | 600.00 | 1,200 |
| Amendment or correction in the Certificate of Patent | 300.00 | 600.00 |
| Any amendment or any correction of mistake in the Certificate of Patent of formal and clerical nature without fault of Office | 360.00 | 720.00 |
| Any amendment or any correction in the Certificate of Patent of Substantive nature | 860.00 | 1,800.00 |
| 1st Assignment of application from small to big entity | 5,500.00 plus publication fee | |
| 1st Assignment of issued patent from small to big entity | 7,200.00 plus publication fee | |
| Any other Assignment or document affecting title | 350.00 plus publication fee | 700.00 plus publication fee |
| 2nd Publication Fee | 920.00 | 960.00 |
| Annuities[3] under RA S293 | ||
| 5th yr | 1,550.00 | 3,240.00 |
| 6th yr | 2,000.00 | 4,320.00 |
| 7th yr | 2,580.00 | 5,400.00 |
| 8th yr | 3,100.00 | 6,480.00 |
| 9th yr | 4,140.00 | 8,640.00 |
| 10th yr | 5,170.00 | 10,800.00 |
| 11th yr | 6,670.00 | 13,920.00 |
| 12th yr | 8,280.00 | 17,280.00 |
| 13th yr | 9,770.00 | 20,400.00 |
| 14th yr | 11,900.00 | 24,480.00 |
| 15th yr | 13,970.00 | 29,160.00 |
| 16th yr | 15,980.00 | 33,360.00 |
| 17th yr | 18,050.00 | 37,680.00 |
| 18th yr | 21,670.00 | 45,240.00 |
| 19th yr | 26,040.00 | 54,360.00 |
| 20th yr | 26,040.00 | 65,160.00 |
| Excess Claim[4] from 5th until the 20th Anniversary | 210.00 | 420.00 |
| Surcharge for late payment of annual fee | 50% of the total Annual Fee | |
| Notice and publication of non-payment of annual fee | 360.00 | 360.00 |
| Late entry fee - PCT[5] | 1,030.00 | 2,160.00 |
| Transmittal Fee (PCT Rule 14) | 4,200.00 | |
| Priority Document Fee (PCT Rule 17.1 (b)) | 2,700.00 | |
| Late Payment Fee (PCT Rule 16 bs.2 (a) (ii)) | 4,200.00 | |
| Certified True Copy of the International Application Fee (PCT Rule 21.2) | 600.00 | |
| Transmittal Fee (PCT Rule 19.4) | 4,200.00 | |
| Surcharge for late payment of fees where applicable | 50% of the required fee | |
Section 14. Schedule of Fees on Utility Model and Industrial Design Patents. - The fees provided in this Section shall apply to utility model and industrial design patents.
| SCHEDULE OF FEES ON UTILITY MODEL AND INDUSTRIAL DESIGN | ||
| Type of Fee | Small Entity | Big Entity |
| Pre-Examination | ||
| Filing fee | 1,720.00 | 3,600.00 |
| For each sheet in excess of 30 claims - UM | 18.00 | 36.00 |
| Sequence listings for UM in excess of 4000 pages | 0.60 | 2.40 |
| For each claim in excess of five (5) - UM | 120.00 | 240.00 |
| For each embodiment in excess of one (1)- Industrial Design | 860.00 | 1,800.00 |
| Request for right of priority (per priority claim) | 860.00 | 1,800.00 |
| Divisional application (for each division) | 1,720.00 | 3,600.00 |
| Conversion from Invention to Utility Model | 330.00 | 660.00 |
| Examination | ||
| Request for extension of time to file Response - first | 360.00 | 720.00 |
| Request for extension of time to file Response - second | 390.00 | 780.00 |
| Registrability Report | 630.00 | 1,320.00 |
| Revival | 570.00 | 1,200.00 |
| Preparation of amended page(s) of the master copy of the specifications and / or claims | 84.00 | 84.00 |
| Request for Deferred Publication | 500.00 | 1,000.00 |
| Post-Examination | ||
| Issuance of Certificate of Registration for Utility Model/Industrial Design | 600.00 | 1,200.00 |
| Amendment or correction in Certificate | 300.00 | 600.00 |
| Any amendment or any correction of mistake in a certificate of formal and clerical nature without fault of Office | 300.00 | 600.00 |
| Extension of Term (only for Industrial Design) | ||
| Petition for Extension of Term - first | 1,030.00 | 2,160.00 |
| Petition for Extension of Term - second | 2,000.00 | 4,320.00 |
| 1st Assignment of application from small to big entity | 3,000.00 plus publication fee | |
| 1st Assignment of issued patent from small to big entity | 4,000.00 plus publication fee | |
| Any other Assignment or document affecting title | 200.00 plus publication fee | 400.00 plus publication fee |
Section 15. Schedule of Patent-related Fees for applications under Republic Act No. 165. - The rates provided in this Section shall apply to applications filed and/or granted under Republic Act No. 165. The rate of other applicable fees which are not found in this Section shall be based on rates provided in Part III, Sections 1, 2 and 3 of these Rules. In determining the due date of the Annual Fees (Reference Code Nos. 420 through 433), the date issuance of the patent is the same as the date when the Director of Patents approved and signed the allowance.
| SCHEDULE OF PATENT-RELATED FEES UNDER REPUBLIC ACT NO. 165 | ||
| Type of Fee | Small Entity | Big Entity |
| Examination | ||
| For each claim in excess of five (5) in Invention | 75.00 | 150.00 |
| For each embodiment in excess of one (1) in Ind. Design | 600.00 | 1,200.00 |
| Claim of convention priority - invention | 750.00 | 1,500.00 |
| Claim of convention priority - utility model/ industrial design | 600.00 | 1,200.00 |
| Re-issue application of an invention patent | 750.00 | 1,500.00 |
| Divisional Application - invention | 1,500.00 | 3,000.00 |
| Divisional Application - utility model/ industrial design | 900.00 | 1,800.00 |
| Divisional Application - Conversion From Invention to Utility Model | 250.00 | 500.00 |
| Request for suspension of action - invention | 480.00 | 960.00 |
| Request for suspension of action - utility model/industrial design | 360.00 | 720.00 |
| Motion to shift burden of proof in an interference proceeding-invention | 540.00 | 1,080.00 |
| Motion to shift burden of proof in an interference proceeding-utility model/industrial design | 420.00 | 840.00 |
| Extension of time to file appeal briefs in ex-parte-cases- invention | 360.00 | 720.00 |
| Extension of time to file appeal briefs in ex-parte-cases- utility model/industrial design | 240.00 | 480.00 |
| Post-Examination | ||
| Issuance of Certificate of Letters Patent - invention | 570.00 | 1,200.00 |
| Issuance of Certificate of Letters Patent - utility model /industrial design | 420.00 | 840.00 |
| Reinstatement of lapsed invention patent | 2,300.00 | 4,800.00 |
| Extension of Term (Utility Model and Industrial Design) | ||
| 1st extension of term | 1,030.00 | 2,160.00 |
| 2nd extension of term | 2,000.00 | 4,320.00 |
| Annual Fees Under RA 165 | ||
| 5th yr | 1,550.00 | 3,240.00 |
| 6th yr | 2,000.00 | 4,320.00 |
| 7th yr | 2,580.00 | 5,400.00 |
| 8th yr | 3,100.00 | 6,480.00 |
| 9th yr | 4,140.00 | 8,640.00 |
| 10th yr | 5,170.00 | 10,800.00 |
| 1lth yr | 6,670.00 | 13,920.00 |
| 12th yr | 8,280.00 | 17,280.00 |
| 13th yr | 9,770.00 | 20,400.00 |
| 14th yr | 11,900.00 | 24,840.00 |
| 15th yr | 13,970.00 | 29,160.00 |
| 16th yr | 15,980.00 | 33,360.00 |
| 17th yr | 18,050.00 | 37,680.00 |
| Excess Claim from 5th until 17th Anniversary | 210.00 | 420.00 |
Section 16. Schedule of Trademark-related Fees. -The fees provided in this section shall apply to trademarks, service marks, trade names and marked or stamped containers.
| SCHEDULE OF TRADEMARK-RELATED FEES | ||
| Type of Fee | Small Entity | Big Entity |
| Filing fee (per class) | 1,200.00 | 2,592.00 |
| Claim for Convention Priority (per class) | 860.00 | 1,800.00 |
| Claim of color, claim distinctiveness (per class) | 280.00 | 600.00 |
| Request for Priority Examination | 2,990.00 | 6,240.00 |
| Examination | ||
| Extension of time to file response[6] | 340.00 | 720.00 |
| Divisional application[7] | 280.00 | 600.00 |
| Revival of Abandoned Application | 570.00 | 1,200.00 |
| Suspension of examination by examiner | 460.00 | 960.00 |
| Suspension of examination by Director (1st) | 570.00 | 1,200.00 |
| Extension of Time to Submit Copy of Home Reg. (National) | 570.00 | 1,200.00 |
| Suspension of examination by Director (2nd) | 1,800.00 | 3,840.00 |
| Amendment Fee[8] | 400.00 | 840.00 |
| Extension to file an appeal to the Director | 1,800.00 | 1,800.00 |
| Voluntary Surrender/Abandonment | 280.00 | 600.00 |
| Allowance / Publication for Opposition | 900.00 | 960.00 |
| Revival - unpaid 1st Publication | 570.00 | 1,200.00 |
| Revival - unpaid 2nd Publication | 570.00 | 1,200.00 |
| Reconstitution of records | 860.00 | 900.00 |
| Recordal Fee[9] | 400.00 | 840.00 |
| Recordal Licensing Agreement and other documents not required by the office (No Publication) | 340.00 | 720.00 |
| Additional Class [10] | 1,200.00 | 2,592.00 |
| Recordal - Publication Fee (For registered marks) | 900.00 | 960.00 |
| Registration | ||
| Issuance of Certificate of Registration (COR)[11] | ||
| Publication of Registration (2nd Publication) | 900.00 | 960.00 |
| 1st Assignment of application from small to big entity | 3,000.00 plus publication fee | |
| 1st Assignment of registered mark from small to big entity | 5,500.00 plus publication fee | |
| Correction (Without fault of Office)[12] | 570.00 | 1,200.00 |
| Voluntary Cancellation | 280.00 | 600.00 |
| Voluntary Disclaimer | 280.00 | 600.00 |
| Division of Registration | 570.00 | 1,200.00 |
| Renewal of Registration | ||
| Renewal of Registration (per class) | 3,100.00 | 6,600.00 |
| Renewal surcharge (per class) | 1,500.00 | 3,300.00 |
| Filing of Declaration of Actual Use (DAU) | ||
| 3rd year DAU (per class) | 900.00 | 1,920.00 |
| 5th year DAU (per class) | 1,100.00 | 2,400.00 |
| Renewal DAU {per class) | 1,100.00 | 2,400.00 |
| Mid-Renewal DAU (per class) | 1,100.00 | 2,400.00 |
| Single Extension to File 3rd year DAU | 1,800.00 | 3,840.00 |
| Declaration of Non-use (3rd year) | 900.00 | 1,920.00 |
| Declaration of Non-use (5th year) | 1,100.00 | 2,400.00 |
| Registered under RA 166 and expiring after June 3, 2004 | ||
| 5th year DAU (per class) | 1,100.00 | 2,400.00 |
| 5th year DAU (per class) | 1,100.00 | 2,400.00 |
| 10th year DAU (per class) | 2,300.00 | 4,800.00 |
| 15th year DAU (per class) | 3,100.00 | 6,600.00 |
| Other motion/petition/request | 300.00 | 600.00 |
| MADRID PROTOCOL-Related Fees | ||
| Handling Fee - Madrid[13] | NA | 2,592.00 |
| Individual Fee[14] | NA | 5,712.00 |
| Individual Fee (for Renewal)[15] | NA | 8,760.00 |
| Individual Fee (for Renewal with Surcharge) | NA | 13,140.00 |
| Transformation Fee[16] | NA | 2,592.00 |
| Replacement Fee[17] | NA | 720.00 |
| Other Request[18] | NA | 720.00 |
| Extension of Time to Submit Copy of Home Reg. (Madrid)[19] | NA | 1,200.00 |
Section 17. Schedule of Fees in Inter Partes Cases and Administrative Complaints for violation of laws on intellectual property rights.- The fees provided in this Section shall apply to Inter partes Cases (petition for Cancellation of a Mark, patent, Utility Model, or Industrial Design; Opposition to Registration of a Mark; and Compulsory Licensing) and Administrative Complaints for violation of laws on intellectual property rights.
| SCHEDULE OF FEES IN INTER-PARTES CASES AND ADMINISTRATIVE COMPLAINTS FOR VIOLATION OF LAWS ON INTELLECTUAL PROPERTY RIGHTS | ||
| Type of Fee | Small Entity | Big Entity |
| Inter-Partes Case | ||
| Filing of Opposition to/Petition for Cancellation of Trademark Registration | 10,000.00 | 14,600.00 |
| Motion for Extension to File Opposition | 800.00 | 1,700.00 |
| Petition for Cancellation of Patent (Invention) | 12,000.00 | 19,200.00 |
| Petition for Cancellation of Utility Model/Industrial Design | 12,000.00 | 14,600.00 |
| Petition for Compulsory Licensing (Invention) | 12,000.00 | 19,200.00 |
| Petition for Compulsory Licensing (Utility Model/Industrial Design) | 9,000.00 | 12,200.00 |
| IPR Violation (IPV) Case | ||
| Filing of IPV Complaint (Basic Fee) | 15,000.00 | 19,200.00 |
| Additional filing fee (Complaint, permissive counterclaim/ crossclaim) | 1/10 of 1% of the damages claimed in excess of 500,000.00 | |
| Permissive Counterclaim./Cross claim contained in an Answer | 1,000.00 | 1,560.00 |
| Application for Attachment/Injunction | 2,000.00 | 3,120.00 |
| Amendment of pleading | 1,000.00 | 1,300.00 |
| Common Fees | ||
| Motion for Extension of time to file pleadings | 500.00 | 650.00 |
| Motion for postponement of proceedings | 1,000.00 | 1,500.00 |
| Motion for holding proceedings outside IPOPHL premises | 1,000.00 | 1,500.00 |
| Other motions | 500.00 | 650.00 |
| Transcript of Stenographic Notes | 24.00/page | 24.00/page |
| Arbitral award Scrutiny Fee - Trademark Cases | 3,000.00 | 3,000.00 |
| Arbitral award Scrutiny Fee - Industrial Designs | 3,000.00 | 3,000.00 |
| Arbitral award Scrutiny Fee - Utility Models | 4,000.00 | 4,000.00 |
| Arbitral award Scrutiny Fee - Copyright | 4,000.00 | 4,000.00 |
| Arbitral award Scrutiny Fee - Technology Transfer | 5,000.00 | 5,000.00 |
| Arbitral award Scrutiny Fee - Invention | 5,000.00 | 5,000.00 |
| Early Mediation Fee[20] | 15,000.00 | 15,000.00 |
Section 18. Schedule of Fees on Voluntary Licensing Intellectual Property information and Search Services and Dispute Settlement involving Technology Transfer Arrangements. - The fees provided in this Section shall apply to voluntary licensing, intellectual property information and search services, and, dispute settlement. Reduction in rate shall not apply to these fees.
| SCHEDULE OF FEES ON VOLUNTARY LICENSING, INTELLECTUAL PROPERTY INFORMATION AND SEARCH SERVICES DISPUTE SETTLEMENT INVOLVING TECHNOLOGY TRANSFER ARRANGEMENTS | ||
| Type of Fee | | Big Entity |
| Voluntary Licensing | ||
| Request for Statistical Information other than those regularly published by IPOPHL | 500.00 | 600.00 |
| Request for Exemption: | ||
| Filing Fee | 2,500.00 | 3,000.00 |
| Fee for each Paragraph Claimed in Sections 87 & 88 | 700.00 | 840.00 |
| Extension Fee to File Requirements | 650.00 | 780.00 |
| Registration Fee | 2,500.00 | 3,000.00 |
| Request for Certificate of Compliance: | ||
| Filing Fee | 2,500.00 | 3,000.00 |
| Registration Fee | 2,500.00 | 3,000.00 |
| Clearance Prior to Recordal | N/A | 3,000.00 |
| Preliminary Review[21] | 2,500.00 | 3,000.00 |
| Amendment[22] | 1,000.00 | 1,200.00 |
| Notation of minor changes such as: Change in licensor/licensee, addition/deletion of products, among others, affecting technology transfer agreements with subsisting registration | 1,000.00 | 1,200.00 |
| Other Requests | 1,000.00 | 1,200.00 |
| Dispute Settlement Involving Technology Transfer Arrangements | ||
| Filing of Complaint/Request for Mediation | 12,500.00 | 15,000.00 |
| Request for: | ||
| Drafting of Compromise/Mediation Agreement | 4,000.00 | 4,800.00 |
| Postponement | 1,500.00 | 1,800.00 |
| Suspension of Proceedings Extensions of Time | 1,500.00 | 1,800.00 |
| Holding Proceedings Outside IPOPHL Premises | 1,500.00 | 1,800.00 |
| Special Services | ||
| State of the Art Search and Related Search | ||
| Equivalent Search and/or Compound per se Search | 3,250.00 | 3,900.00 |
| Comprehensive Search | 14,500.00 | 17,400.00 |
| Patent Mapping (New Fee) | N/A | 65,250.00 |
| Complex Trademark Search | 4,600.00 | 5,520.00 |
| Consultation & Guided Public Search (per hour) with use of Internet Facilities and Commercial Databases | 125.00 | 250.00 |
| Optional Registration as Resident agent or Representative Application for Registration (Web-based listing) | ||
| Trademark Agent | 5,000.00 | 5,000.00 |
| Patent Agent | 5,000.00 | 5,000.00 |
| Patent and Trademark agent | 5,000.00 | 5,000.00 |
| Resident agent or Representative | 5,000.00 | 5,000.00 |
| Annual Re-Enlistment( web-based) | ||
| Trademark Agent | 2,000.00 | 2,000.00 |
| Patent Agent | 2,000.00 | 2,000.00 |
| Patent and Trademark agent | 2,000.00 | 2,000.00 |
| Resident agent or Representative | 2,000.00 | 2,000.00 |
Section 19. Schedule of Copyright Related Fees - The fees provided in this Section shall apply to voluntary licensing, intellectual property information and search services, and, dispute settlement. Reduction in rate shall not apply to these fees.
| SCHEDULE OF COPYRIGHT-RELATED FEES | ||
| Type of Fee | Small Entity | Big Entity |
| Copyright Deposit (NCR) | 450.00 | 625.00 |
| Copyright Deposit (Region) | 550.00 | 750.00 |
| Copyright Deposit (Bulk), per certificate | 200.00 | 200.00 |
| Amendment/Correction - Certificate (NCR) | 200.00 | 625.00 |
| Amendment/Correction - Certificate (Region) | 300.00 | 750.00 |
| Amendment/Correction - Certificate (Bulk) | 100.00 | 200.00 |
| Dispute Resolution (Author's Rights) | 2,000.00 | 6,500.00 |
| Certified true copy of Certificate | No fee | 500.00 |
| Application for the accreditation of Collective Management Organization (CMO) | 10,000.00 | |
| Amendment of Certificate of CMO accreditation | 1,000.00 | |
| Renewal of accreditation of CMO | 5,000.00 | |
| Request for postponement of proceedings | No fee | 1,000.00 |
| Request for holding proceedings outside IPOPHL premises | No fee | 1,000.00 |
FINAL PROVISIONS
Section 20. Periodic Review of Fees. - The IPOPHL Revised Fee Structure shall be reviewed whenever necessary and as may be required by law, executive order, regulation or other issuance.
Section 21. Effectivity. - The IPOPHL Revised Fee Structure shall take effect on 01 January 2017 following its publication in a newspaper of general circulation and posting in the IPOPHL website.
Section 22. Payment of Fees Due Prior to the Effectivity of the IPOPHL Revised Fee Structure. - Any type of fee the payment of which is due prior to the effectivity of the IPOPHL Revised Fee Structure shall be based on the old rates. The old rates apply if an extension to pay has been granted prior to 01 January 2017 and the due date falls on or after 01 January 2017; or, if the payment is due prior to 01 January 2017, but the due date falls on a Sunday, Saturday, holiday or a non-working day, and the next working day falls on or after 01 January 2017.
However, the new rates apply if an applicant or party is assessed due to failure to file proof or evidence confirming status as small entity or youth filer under Sections 5.4 and 5.5, notwithstanding the fact that the prior payment was made or an extension to pay was granted before 01 January 2017.
Section 23. Repeals. - All rules and regulations, memoranda, circulars, and memorandum circulars and parts thereof inconsistent with these Rules, particularly the fees and charges prescribed under the "IPO Fee Structure Office Order No. 128, s. 2003" dated 17 December 2003 are hereby repealed except for purposes of Section 22.
Section 24. Separability. - If any provision in these Rules or application of any provision to any circumstance is held invalid, the remainder of these Rules shall not be affected and shall not be an excuse for non-payment of any fee prescribed by the law or applicable IRRs.
Section 25. Furnishing of Certified copies. - The Financial Management and Administrative Services Bureau is hereby directed to immediately file three (3} certified copies of these Rules with the University of the Philippines Law Center, and, one (1) certified copy each to the Office of the President, the Senate of the Philippines, the House of Representatives, the Supreme Court of the Philippines, and the National Library, not later than 05 December 2016.
The Management Information Services Bureau is hereby directed to post this Memorandum Circular in the IPOPHL website not later than 02 December 2016.
SECTION 26. Effectivity.- These rules and regulations shall take effect on 01 January 2017 after publication in a newspaper of general circulation.
Done this NOV 29 2016, Taguig City.
ATTY. JOSEPHINE R. SANTIAGO, LL.M.
Director General
Director General
[1] The Filing Fee includes the first five (5) claims.
[2] Accelerated Substantive Examination process shall be covered by separate Guidelines.
[3] Annuity Fee increases due to commercialization or exploitation of the patent.
[4] Claims in excess of five (5) shall be paid.
[5] Late entry fee is 50% of the filing fee.
[6] Includes extension to file response to office actions on Declaration of Actual Use (DAU), Recordal and Examination
[7] Per request, regardless of number of classes to be divided
[8] To amend formalities, i.e. to delete portion of the mark or description of goods
[9] Includes recordal of assignment, change of name/address, merger
[10] Upon examination, the specification of goods (broad terms) may be classified under a different class.
[11] Includes replacement (on account of recordation), copy of certificate, reissuance (with correction/ amendment and renewal of certificates.
[12] To correct error or mistake by the applicant/registrant
[13] Fee for every International Application filed with IPOPHL as Office of Origin. This international application will be electronically transmitted to the International Bureau (IB) of WTPO.
[14] Fee for International Registrations Designating the Philippines and for Designations Subsequent to the International Registration. This is paid to IB through. PH local banks.
[15] Fee paid to the International Bureau every 10 years from the international registration date. The renewal should be presented and paid to IB.
[16] Fee paid for a request to transform or convert an International Registration into a national application. This is a remedy for the holder when the basic mark ceases to have an effect because it has been withdrawn, has lapsed, has been renounced or has been the subject of a final decision of rejection, revocation, cancellation or invalidation.
[17] Fee paid for a request to replace a national registration with an International Registration. Replacement happens when, "a mark that is the subject of a national or regional registration in the Office of a Contracting Party is, under certain conditions, deemed to be replaced by an international registration of the same mark". There exists in the IPOPHL database, the same mark filed through the national filing, under the name of the same holder and "all the goods and services listed in the national or regional registration are also listed in the international registration in respect of that Contracting Party".
[18] Fee paid for other Madrid-related requests not falling under any of the above fees, which may be any document for transmittal to IB.
[19] An International Registration, like a national application, will not be registered unless the basis of the priority claim has been registered in the foreign country. If the foreign application has not yet matured into registration, the holders, through their agents may file a request for extension to submit a copy of home registration.
[20] New Fee, subject to promulgation/amendment of existing Rules.
[21] Any party of a technology transfer arrangement may file a request for preliminary review of a draft TTA to determine conformance with the Prohibited Clauses and Mandatory Provisions of the IP Code
[22] Amends any of the terms and conditions of the agreement