IPOPHL sets reforms to slash processing time for intellectual property applications, cases

‘green lane’ for trademarks eyed

The Intellectual Property Office of the Philippines (IPOPHL) is making significant strides to cut down on intellectual property cases backlog, and streamline processing of trademark applications in a bid to further fast-track service delivery. 

In IPOPHL’s 2018 MCLE Program, and at a recent event of the Intellectual Property Association of the Philippines (IPAP),IPOPHL Director General Atty. Josephine R. Santiago listed priority measures to accelerate services for IP applicants.

“IPOPHL has time and again, tried to be sensitive to what is needed by the practitioners. For instance, first in our priority is the backlog reduction program. Among measures taken, we’re requesting additional plantilla positions from the Department of Budget and Management for more lawyers and patent and trademark examiners,” Atty. Santiago said, during her opening remarks in the IPAP event.

Aside from beefing up the office manpower for disposal of cases, the IPOPHL is eyeing a ‘green lane’ for trademark applications, inspired by best practices from the European Intellectual Property Office (EUIPO).

“We will soon implement the Joint Examination Track procedure (JET), where a  group of senior examiners will  immediately decide on a mark’s registrability on absolute grounds (Sec. 123 of the Intellectual Property Code of the Philippines). If it’s allowed by the JET examiners, the trademark application will be published for 30 days to accommodate any opposition. If there is no opposition, it will be deemed  registered on the 31st day,” DG Santiago explained.

Where the JET examiners disallow a  mark, the applicant is notified at once.

However, The JET procedure is not applicable for examination of marks based on relative grounds. An example is where there is likelihood of confusion with an identical or similar mark as it will then undergo regular trademark  examination.

Currently, the process for the application of a trademark entails first acquiring a filing date, which will come after a set of requirements and payment are submitted to the IPOPHL.  The mark then undergoes a substantive examination to determine registrability under Sec. 123.

Without opposition, a mark can be granted  much quicker than the 5-year average of 8 months.

“We will comply with the Ease of Doing Business, insofar as applicable without sacrificing quality outcomes.  And the Intellectual Property Code of the Philippines and our obligations under international agreements and treaties are there to ensure this,” the IPOPHL head added.

Longer timelines are provided in these agreements  and treaties, considering the complexities in the examination process, and in order to allow the applicant and the IP offices to come out with quality patents. These longer timelines also allow the applicant to evaluate  the market potential of the invention.

To recall, the EODB posed a challenge to the IPOPHL early in the year when it was signed into law as it ordered 3-7-20 day turnaround time for simple, complex, and highly-technical transactions.

The IPOPHL chief said this is not just in compliance with the EODB but in an overall effort improve its service to IP clients.

“IP practitioners have always been our staunch partners. We need to strengthen these partnerships in a time when Filipinos should be using the IP system to be globally competitive in their products and services,” she added.