PCT (PATENT COOPERATION TREATY) (Important Information You Want to Know About PCT) ENTRY INTO THE NATIONAL PHASE IN IP PHILIPPINES AS DESIGNATED/ELECTED OFFICE

1. What must be done by the applicant to enter the national phase in IP Philippines as a designated or elected Office?
   
   Under Rule 35 of the PRoPCT, to enter the national phase and get a date of entry, the applicant must furnish IP Philippines not later than 30 months from priority date under Art. 22 (as amended by IP Philippines Office Order ) or Art 39(1)(a):
    
   • the English translation of the international application if it was filed in a language other than English; or
      
   • a copy of the international application if it was filed in English and the applicant has not received Form PCT/IB/308. If the applicant has received Form PCT/IB/308, he/she need not furnish IP Philippines a copy of the international application but he/she must signify to IP Philippines through writing that the particular identified international application is entering the national phase.
      
2. Is there an extension or additional time for entering the national phase?
   
   Yes. The 30-month period may be extended by one (1) month subject to the payment of an extension fee equal to 50% of the filing fee prescribed in the IP Philippines Fee Structure.
    
3. Is payment of the national fee a requisite for getting a date of entry in the national phase? 
   
   No, the payment of the national fee is not a requirement for purposes of getting a date of entry in IP Philippines. However, payment of the national fee is necessary in order that the international application may proceed to the national phase processing. Non-payment of the national fee within one (1) month from the date of entry will result to the international application being declared deemed withdrawn in the Philippines.
    
4. What are the particular fees that have to be paid? 
   
   To save the application from being declared withdrawn, at least the basic filing fee must be paid within one (1) month from the date of entry. Other national fees such as excess claims fee, priority claim or convention fee, fee for excess sheets may be paid also at the date of entry or within two (2) months from the invitation issued by IP Philippines.
    
5. Is there an exemption in the payment of national fees? 
   
   Yes. An international application which claims priority of an earlier filed Philippine application is exempted from the payment of the filing fee and any other fees which were already paid during the earlier application.
    
6. Is there a prescribed form for use in the national phase entry?  
   
   Yes, there is a prescribed form (PCT/IPO/501) which the applicant may use. It is not mandatory to use the form but it is highly recommended to use it in order for IP Philippines to readily differentiate PCT application documents from national application documents.
    
7. What are the documents to be submitted at the national phase entry?  
   
   The following documents (in English or translated in English) have to be submitted at the national phase entry:

• Request Form PCT/IPO/501 (optional but recommended)
• Request Form PCT/RO/101 (may not be translated into English)
• Description (including title of the invention) as filed
• Claims as filed
• Abstract
• Amendments to the claims under PCT Art. 19, where applicable
• Amendments to the description, claims or drawings under PCT Art. 34, as contained in the annexes to the international preliminary examination report, where applicable
• Drawings, as filed, if any
  
  If the amendments submitted considered cancelled.

8. What should the applicant do if the international application entering the national phase claims priority of an earlier Philippine national application?
   
   The applicant should elect which one of the two applications shall be further prosecuted. The applicant can make an election by indicating his choice in the prescribed national phase entry form PCT/IPO/501. If applicant does not elect at the date of entry, he shall be invited by IP Philippines to do so and applicant shall make his election within two (2) months from the date of the invitation, or within a longer period which the IP Philippines may allow but not to exceed six (6) months from the date of entry into the national phase.
   
   
9. Can amendments be made on the specification, claims and drawings after the application has entered the national phase? 
   
   Yes. During the national phase, and at anytime before a patent is granted or refused on the international application, the applicant may present amendments to the description, claims and drawings in accordance with the IP Code and its implementing rules and regulations.
   
   
10. Is an international application subject to publication in the Intellectual Property Gazette? 
    
    Yes, where the international publication was effected in a language other than English. The format of publication shall follow the one used in publishing national applications.
     
11. What is the reckoning date for paying the annual fees of an international application? 
    
    The first annual fee shall be due and payable on the expiration of four years from the date of publication of the international application regardless of the language of publication. Subsequent annual fees shall be due on each subsequent anniversary of such date.
     
12. Is there a need to file a separate request for substantive examination in the case of international applications? 
    
    No. However, payment of the substantive examination fee has to be made at the date of entry or within six (6) months thereafter. The international application shall be considered withdrawn if the substantive examination fee is not paid on time.
     
13. Is there a need to submit the priority documents for purposes of entering the national phase? 
    
    No. The submission of priority documents shall be made if so required by IP Philippines in certain cases as provided for under Rule 38 of the PRoPCT.
     
14. What is the procedure for the grant of patent for an international application?
    
    An international application that has entered the national phase shall be governed by the applicable provisions under R.A. No. 8293 and its implementing rules and regulations and the applicable provisions of the Treaty, PCT Regulations, and PCT Administrative Instructions.
     
15. What is the term of a patent issued to an application filed through the PCT?
    
    The term shall be twenty (20) years from the international filing date of the application.