PCT NATIONAL PHASE ENTRY
Philippines

The Philippines government has made it a State policy to protect and promote intellectual property rights.  This policy was enshrined both in the 1973 Constitution which provides that “the exclusive right to inventions, writings and artistic creations shall be secured to inventors, authors, and artists for a limited period” and in the 1987 Constitution which explicitly mandates that the State shall protect intellectual property. The Philippines has long been a committed and influential Contracting Party to the Paris Convention for the Protection of Industrial Property since September 27, 1965, underscoring its dedication to global intellectual property standards.

The Philippines became a member of the World Intellectual Property Organization [WIPO] in 1980.  It was a signatory to a number of significant multilateral international agreements and treaties for the protection and promotion of intellectual property rights.

Additionally, the country joined the Patent Cooperation Treaty (PCT) on August 17, 2001, through the PCT, citizens or residents of participating countries can file an international patent application either at their national patent office or directly with the WIPO International Bureau.

The Philippines is also a key player in the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Patent Procedures, demonstrating its progressive approach to patent law. Furthermore, the Philippines actively participates in the ASEAN Intellectual Property (IP) Register, solidifying its role in the regional intellectual property landscape and enhancing collaboration across Southeast Asia.

In the Philippines, entry into the PCT national phase must be filed within 30 months from the priority date.

In the Philippines, the official language for filing patent applications is English. If the international application is filed in a language other than English, an English translation must be provided for the PCT national phase entry.

The 30 months of deadline can be extended by one month, provided the applicant pays an extension fee equal to 50% of the prescribed official filing fee for late entry into the national phase.

The essential documents required for filing a national phase application in Philippines includes:

• Priority document: A certified copy of the priority document, along with its English translation, must be submitted to the Philippines Intellectual Property Office within six months from the date of entry into the PCT national phase in the Philippines.
• Power of Attorney: The original Power of Attorney, signed and stamped (for legal entities), must be submitted within 2 months from the dispatch date of the corresponding Office Action.

Currently, there are no specific fee exemptions for filing patent applications in Philippines. Applicants must pay the required fees as part of the standard filing procedure.

A request for substantive examination, along with the applicable fee, must be filed at the time of entry into the Philippines PCT national phase or within six months thereafter.

Annual maintenance fees are due starting from the 5th year. The payment for the 5th-year annuity is due on the 4th anniversary of the international publication date, with subsequent annuity payments due on the corresponding anniversaries. Fees should be paid within three months prior to the due date. If the owner fails to make the payment, a notice of non-payment will be published in the official gazette. Late payment is allowed within a six-month grace period following the notice of publication, provided that a surcharge and publication fee are paid.

The term of protection for a patent in the Philippines is 20 years from the filing date, with no option for renewal.

The Philippines is ranked 53rd out of 133 economies in the GII 2024, showcasing its notable global standing. Within the 38 lower-middle-income group economies, the Philippines holds an impressive 3rd place, reflecting its strong performance. In the South East Asia, East Asia, and Oceania region, the country ranks 11th among 17 economies, further solidifying its position. This year, the Philippines has improved its standing in innovation inputs, ranking 67th, a notable increase from the previous year.

The Philippines continues to exhibit robust economic performance, driven by factors such as increasing urbanization, a youthful population, and strong consumer demand. These elements are further supported by a dynamic labor market and substantial remittances, which have significantly improved the livelihoods of the most vulnerable segments of society. The private sector remains buoyant, particularly within the rapidly expanding services sector, which includes business process outsourcing, wholesale and retail trade, and tourism.

Between 2010 and 2019, the Philippines achieved an average annual GDP growth rate of 6.4%, underscoring its strong economic performance. In the first half of 2024, the economy sustained its momentum, expanding by 6.0%, positioning it among the top performers in the region. This growth trajectory is supported by strong domestic demand, continued public investments despite fiscal consolidation efforts, and the positive impacts of recent investment policy reforms aimed at stimulating private investment. Looking ahead, the government is committed to substantial investments in both human and physical capital to foster inclusive growth, with the Philippines on track to transition from lower-middle to upper-middle-income status in the current fiscal year.

However, recent data presents a mixed picture of poverty reduction. While official statistics report a decline in the poverty rate from 16.7% in 2018 to 15.5% in 2023, a Social Weather Stations (SWS) survey indicates that 63% of Filipinos considered themselves poor in December 2024, the highest level in 21 years. This disparity suggests that despite economic growth, challenges remain in translating this progress into tangible improvements in the living standards of all citizens.

Looking forward, the World Bank projects the Philippine economy to maintain an average growth rate of 6% from 2024 to 2026, which is expected to support ongoing poverty reduction efforts. However, it is crucial to address the persistent poverty levels and ensure that economic growth benefits all segments of society.