FAQs ON UTILITY MODEL in the Philippines
What is a utility model?
A utility model is a protection awarded to inventions that fall short of the inventive requirement. It is any technical solution of a problem in any field of human activity which is new and industrially applicable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing (Sec.109 in relation to Sec. 21, IP Code).
Is conversion from patent application to utility model application or from utility model application to patent application allowed?
Yes, conversion of a patent application to a utility model application and vice versa is allowed. Conversion of the application is allowed at any time before the grant or refusal of a patent or utility model registration upon payment of the prescribed fee. It shall be accorded the filing date of the initial application. Conversion of the application may be only done once.
Are parallel applications (utility model application and patent application for one subject) allowed?
No. An applicant may not file two (2) applications for the same subject, one for utility model registration and the other for the grant of a patent whether simultaneously or consecutively (Sec.111, IP Code).
Is substantive examination conducted in utility model applications?
There is no substantive examination of the utility model application.
What is the term of utility model registration?
A utility model is protected for seven (7) years from the date of the filing of the application, without possibility of renewal (Sec. 109.3, IP Code).
Can a party file an opposition against a utility model?
No. Oppositions are not available under the rules for utility models.
Are there any remedial measures in attacking the registrability of a utility model application?
Yes. Third party observations may be submitted. Following the publication of utility model in the E-Gazette, a third party observation may be filed within thirty (30) days. Any third party may present observations in writing concerning the application. Such observations shall be communicated to the applicant who in turn may comment on them. The observations and the comments will be included in the file wrapper of the application and will be studied by the Bureau (Sec. 47, IP Code).