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ABOUT UTILITY MODEL

A Utility Model is a protection option, which is designed to protect innovations that are not sufficiently
inventive to meet the inventive threshold required for standard patents application. It may be any
useful machine, implement, tools, product, composition, process, improvement or part of the same, that is
of practical utility, novelty and industrial applicability. A utility model is entitled to seven (7) years of
protection from the date of filing, with no possibility of renewal.

Utility model registration is intended to accommodate local industries, small businesses or entities by
providing an industrial property right that is relatively inexpensive, quick, easy to obtain and suited to
innovations having short commercial life. Utility model registration is a useful tool in supporting the first
to market place advantage. It promotes progress of technology and encourages innovation among small to
medium businesses and the local industry.

It is inexpensive and easy to obtain, however it can't be enforced until after examination has been
carried out and the registration is certified. A utility model is examined to determine if it meets the
requirements embodied in the existing Utility Model law and its Implementing Rules and Regulations (IRR).
It need not undergo substantive examination before it is certified.

You can apply for Utility Model registration directly with the IP Philippines. An application for registration
should contain a duly accomplished request for registration as prescribed by the Bureau,
specification or description containing the following: (a). title; (b) technical field; (c). background of
the Utility Model; (d) brief description of the several views of the drawings, if any; (e) detailed
description; (f) claim or claims; (g) drawings, if any; and (h) abstract of the disclosure.
Application for Utility Model or Industrial Design Patent

The application for registration of a Utility Model or Industrial Design (UM/ID) must be filed with the Bureau
of Patents (BOP) of the Intellectual Property Office (IPO) through the Receiving Section/Counter of the
Administrative, Financial and Human Resource Development Services Bureau (AFHRDSB) located at the
ground floor of the IPO Building.

To obtain a filing date, the following has to be submitted:

(a) Properly filled-out Request form for a Registration of Utility Model or Industrial Design;

(b) Name, address and signature of applicant(s); for non-resident applicant, the name and
address of his/her/their resident agent, and;

(c) Description of the Utility Model or Industrial Design and one or more
claims; for Industrial Design, drawing/s and a "design" claim.

NOTE: For Utility Model application, it is advised that any drawing/s necessary to understand the subject
utility model should be submitted at the time of filing so that there would not be a possible change in filing
date due to late submission/filing of said drawing/s. (RULE 203 of the IRR)

The other formal requirements, which are not needed to obtain a filing date, but maybe included at the time
of filing are:

(a) A filing fee (for big or small entities) which maybe paid during application filing or within one month
from the date of filing. The application shall be deemed automatically cancelled/withdrawn in case of non-
payment of such fees;

(b) Drawing(s) necessary to understand the invention, and;

(c) If the priority of an earlier filed application is being claimed, the details of the claim, i.e. filing date,
file number and country of origin.

2. Formality Examination

The utility model or industrial design shall be examined as to the completeness of the requirements for the
grant of a filing date. Under the present “first to file” system, the date of filing is very important because it
determines, in case of a dispute with another applicant for the same or similar utility model or industrial
design, who has the prior right and is therefore entitled to the registration of the utility model or industrial
design.

3. Formality Examination Report/Search Report

The application is classified and examined as to completeness of formal requirements, and a report thereon
is sent to the applicant.

4. Applicant’s Action on the Formality Examination Report

Within two (2) months from the mailing date of the formality examination report and the search report, the
applicant may:

(1) convert the utility model application to an application for an invention patent; or

(2) withdraw the application; or


(3) amend the application; or

(4) request for a registrability report

The registrability report shall be given to the applicant within two (2) months from receipt of the request and
payment of fee from the applicant. The report shall contain citations of relevant prior art documents with
appropriate indications as to their degree of relevance which will serve as an aid to the applicant in the
determination of the validity of the utility model or industrial design claim(s) in respect to newness.

(5) not act in any way

If the application meets all the formal requirements for registration and the Bureau does not receive any
action from the applicant, the utility model or industrial design shall be deemed registered provided
all the required fees are paid.

5. Publication Upon Registration of the Utility Model or Industrial Design

Registration of the utility model or industrial design shall be published in the form of bibliographic
data and representative drawing, if any, in the IPO Gazette within six (6) months after registration.

- See more at: http://ipophil.gov.ph/index.php/services/utility-model/about-utility-models/89-services/utility-


model#sthash.CpMxkuve.dpuf
SECTION 3. 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

Reference
Type of Fee Big Small
Code

1. PRE-EXAMINATION

301 1.1. Filing Fee 3,000.00 1,500.00

302 1.2. For each sheet in excess of thirty (30) 30.00 15.00

303 1.3. For each claim in excess of five (5) in Utility Model 200.00 100.00

304 1.4. For each embodiment in excess of one (1) in Ind. Design 1,500.00 750.00

305 1.5. Request for right of priority 1,500.00 750.00

306 1.6. Divisional Application (for each division) 3,000.00 1,500.00

307 1.7. Conversion From Invention to Utility Model 550.00 275.00

2. EXAMINATION

2.1. Request for:

2.1.1. Extension of time to file Response

308 2.1.1.1 First 600.00 300.00

309 2.1.1.2 Second 650.00 325.00

310 2.1.2. Registrability Report 1,100.00 550.00

311 2.1.3. Revival 1,000.00 500.00

2.2 Preparation of amended page(s) of the master copy of the


312 70.00 per page
specifications and/or claims

3. POST -EXAMINATION

313 3.1. Amendment or correction to the Registration 500.00 250.00


plus publication fee

3.2 Petition for:

314 3.2.1 Voluntary surrender or cancellation 500.00 250.00

plus publication fee

3.2.2 Any amendment or any correction of mistakes in a Registration


315 500.00 250.00
of formal and clerical nature without fault of Office

3.2.3 Any amendment or any correction of mistakes in a Registration


316 800.00 400.00
of substantive nature

4. EXTENSION OF TERM (Industrial Design Registration per embodiment)

4.1 Petition for Extension of Term

317 4.1.1 First 1,800.00 900.00

plus publication fee

318 4.1.2 Second 3,600.00 1,800.00

plus publication fee