WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/PHL/P/2
3 February 2003
(03-0679)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
PHILIPPINES
The present document reproduces the text1 of the Philippine Rules on PCT, as notified by the
Philippines under Article 63.2 of the Agr eement (see document IP/N/1/PHL/2/Add.1).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
PHILIPPINES
Le présent document contient le texte1 des Règles des Philippines sur les demandes PCT,
notifié par les Philippines au titre de l'article 63:2 de l'Accord (voir le document
IP/N/1/PHL/2/Add.1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
FILIPINAS
En el presente documento se reproduce el texto
1 del Reglamento de Filipinas sobre el Tratado
de Cooperación sobre Patentes, notificado por Filipinas en virtud del párrafo 2 del artículo 63 del
Acuerdo (véase el documento IP/N/1/PHL/2/Add.1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/PHL/P/2
Page 2
PHILIPPINE RULES ON PCT APPLICATIONS
Whereas , the State recognizes that an effective industrial property system is vital to the
development of domestic creativity, facilitates transfer of technology, attracts foreign investments and
ensures market access for our products;
Whereas , it is the policy of the State to streamline administrative procedures in granting
patents and enhance the enforcement of intellectual property rights in the Philippines;
Whereas , Senate Resolution No. 74 dated 05 February 2001 was passed whereby the
Philippines ratified the Patent Cooperation Treaty (PCT);
Whereas , since 1978, the PCT system has offered investors and industry an advantageous
route for obtaining patent protection internationally; aims to facilitate procedures for obtaining legal
protection for inventions and disseminate technical information; seeks to simplify and to render moreeffective and more economical – in the interest of the applicants and the patent offices – previously
established means of applying in several countries for patent protection for invention; would
substantially benefit Philippine patent agents and industry from the filing in the Philippines of
international applications under the PCT;
Whereas , in accordance with Article 63 of the PC T, the Treaty shall enter into force with
respect to the Philippines, three (3) months after the date on which it has deposited its Instrument of
Accession with the Director General of the World Intellectual Property Organization (WIPO);
Whereas , the Philippines deposited its Instrument of Accession with the Director General of
the WIPO on 17 May 2001; and, therefore, the PCT entered into effect with respect to the Philippineson 17 August 2001;
Whereas, there is a need to guide applicants, patent attorneys/agents, and other interested
parties in the Philippines on the PCT and its rules and regulations;
Now , therefore, pursuant to Senate Resolution No. 74 dated 05 February 2001, the provisions
of the Patent Cooperation Treaty and the Regulations thereunder, Republic Act No. 8293 also known
as the Intellectual Property Code of the Philippi nes, the following rules on PCT applications are
hereby promulgated:
PART 1
GENERAL PROVISIONS
Rule 1. Title.- These rules shall be known as the Philippine Rules on PCT Applications or
“PRo-PCT”.
Rule 2. Definitions. -  Unless otherwise specified, the following terms and acronyms shall be
understood as follows:
(a) “Administrative Instructions” means that body of instructions for operating under the Patent
Cooperation Treaty referred to in PCT Rule 89;
(b) “designated Office” means a national patent office or intergovernmental organization of or
acting for the State designated  by the applicant under Chapter I of the Treaty;IP/N/1/PHL/P/2
Page 3
(c) “designated State”  refers  to the State in which protection for the invention is desired on the
basis of the international application and which is designated under Chapter I of the Treaty;
(d) “Director General” means the Head of the Intellectual Property Office of the Philippines;
(e) “elected Office” means a national patent office or intergovernmental organization of or acting
for the State elected  by the applicant under Chapter II of the Treaty;
(f) “elected State” refers to the State in which protection for the invention is desired on the basis of
the international application and which has been elected under Chapter II of the Treaty;
(g) “IB” and “International Bureau” mean the International Bureau of the World Intellectual
Property Organization as referred to in PCT Article 2(xix);
(h) “International Application” and “PCT Application” mean an application filed under the
Treaty;
(i) “International Searching Authority” or “ISA” and “International Preliminary Examining
Authority” or “IPEA” mean a national patent office or intergovernmental organization as
appointed under the Treaty which  processes international applications as prescribed by the Treaty
and PCT Regulations;
(j) “IP Code” means Republic Act No. 8293 otherwis e known as the Intellectual Property Code
of the Philippines;
(k) “IPO” or “Office” means the Intellectual Property Office of the Philippines;
(l) “IPO Fee Structure” means the rules and regulations establishing the fees and charges of the
Intellectual Property Office of the Philippines;
(m)  “PCT” and “Treaty” mean the Patent Cooperation Treaty;
(n)  “PCT-EASY” means the software made available by the International Bureau for facilitating
the preparation of the request part of an international application, and printing thereof, for filing
together with a computer diskette prepared using that software, containing a copy in electronic
form of the data contained in the request and of the abstract;
(o) “PCT Regulations” means the set of rules, referred to in PCT Article 58 and annexed to the
Treaty referred to as the Regulations Under the PCT;
(p) “Priority Date” for the purposes of computing time limits under the PCT is defined in PCT
Article 2(xi) as follows:
(i) where the international application contains a  priority claim under PCT Article
8, the filing date of the application whose priority is so claimed;
(ii) where the international application contains several priority claims under PCT
Article 8, the filing date of the earliest  application whose priority is so claimed;
(iii) where  the  international application does not contain any priority claim under
PCT Article 8, the international filing date of   such application;IP/N/1/PHL/P/2
Page 4
(q) “receiving Office” means a national patent office or intergovernmental organization with
which the international application has been filed;
Other terms and expressions  not  defined  in  this  rule  are  to be taken in the sense of the
Treaty and PCT Regulations.
Rule 3.  Application of the PCT and PCT Regulations. – In all matters not specifically
provided for under these Rules, the provisions of the Treaty , PCT Regulations and PCT
Administrative Instructions shall apply in the pro cessing of an international application during the
international phase of the application. In the event of conflict between these Rules and those of the
PCT, the provisions of the latter shall apply.
The international phase covers the period from the filing of the application in accordance with
the PCT until the application enters the national phase.
Rule 4. Effect of an International Application. -  4.1. An international application designating
the Philippines for the purposes of obtaining a national patent or a utility model, which has beenaccorded an international filing date in accordance with the Treaty and PCT regulations, shall have
the effect of a national application for a patent or utility model, respectively, regularly filed with the
Intellectual Property Office as of the international filing date, which date shall be considered to be the
actual filing date in the Philippines. (PCT Article 11(3))
4.2. Subject to Review by the IPO under Rule 37, an international application designating the
Philippines that is withdrawn or considered withdrawn under the Treaty and PCT Regulations, before
the applicant has entered the national phase in the Philippines as provided in Part 3 of these Rules,
that international application is likewise withdraw n or considered withdrawn in the Philippines. (PCT
Article 24)
 Rule 5. Seeking Two (2) Kinds of Protection; Prohibition Against Filing of Parallel
Applications. - In respect of the Philippines as a designated or elected State, an  applicant  cannot seek
two (2) kinds of protection  for the same subject, one  for  utility  model  registration and the other for
the grant of a patent whether simultaneously or  consecutively. (PCT Article 43, IP Code Section 111)
Rule 6. Delivery Service. – Where the applicant sends a document or letter through mail and
that document or letter is lost or reaches the IPO after the expiration of the applicable time limit under
the Treaty and PCT Regulations and these Rules, PCT Rules 82.1(a) to (c) shall apply provided that
the delivery service used is registered mail by a postal authority.
Rule 7.  Appointment of Resident Agent or Representative. – (a) An applicant who is not a
resident of the Philippines shall appoint and maintain an agent or representative residing in the
Philippines upon whom notices or processes for judicial or administrative procedure may be served
relating to the international application filed with the IPO as a receiving, designated or elected Office.
An applicant who is a resident of the Philippines may likewise appoint and maintain an agent orrepresentative residing in the Philippines for the same purpose. The list of registered resident agents
or representatives is available in the IPO website.
(b) Where the international application is f iled with the IPO as a receiving Office, the
appointment of an agent must be effected  in the Request form, signed by all applicants, or in a
separate power of attorney submitted to the IPO where the Request form is signed by the appointed
agent in accordance with PCT Rule 90.4.  The separate power of attorney does not require legalization
or notarization.IP/N/1/PHL/P/2
Page 5
(c) For purposes of the procedure before the IPO as a designated or elected Office, the manner
of appointing an agent or representative shall comply with the requirements prescribed in the
implementing rules and regulations of the IP Code.
PART 2
INTERNATIONAL  PHASE
Rule 8.  The IPO as a Receiving Office. – 8.1. The  IPO shall act as a  Receiving  Office only
for  applicants  who  are  residents  or  nationals  of  the   Philippines. (PCT Article 2 (xii) and (xv),
PCT Article 10, PCT Rule 19)
8.2. The IPO, when  acting  as a  Receiving  Office, will be  identified   by   the   full   title
“Philippine Receiving Office”  or  by the abbreviation “RO/PH.”    (Section 107(b) of the PCT
Administrative Instructions)
           
8.3. Without prejudice  to the national security and interests of the Republic of the Philippines,
the IPO shall perform all acts connected with the discharge of duties of a Receiving Office under theTreaty and PCT Regulations. The functions of the IPO as a Receiving Office include:
(1) According of international filing dates to international applications fulfilling the
requirements of PCT Article 11(1) and in particular,  PCT Rule 20;
(2) Checking that international  applications meet the standards for format and content
of PCT Article 14(1) and in particular, PCT Rules 9, 26, 29.1, 37, 38, 91, and portions of PCT Rules 3
through 11;
      (3) Assessing, collecting, and transmitting fees  due for processing             international
applications (PCT Rule s 14, 15, 16, 16bis) ;
      (4) Transmitting the record and search copies to the IB and ISA, respectively (PCT Rules
22 and 23) ; and
      (5) Transmitting the international application to the IB for processing, where the IPO is
not the competent Receiving Office as defined under  PCT Rule 19. (PCT Rule 19.4)
Rule 9 . International Search and International Searching Authority. – 9.1. An international
application shall be the subject of an international search, which shall be carried out by an ISA. The
objective of the international search is to discover relevant prior art. (PCT Article 15 (1) and (2))
9.2. The Director General shall specify one or more competent ISAs for international
applications filed with the IPO and, subject to an y required acceptance or compliance with applicable
requirements, the IPO shall publish in its website a list of those competent ISAs . (PCT Article 16(2),
PCT Rules 35.1 and 35.2)
9.3. The applicant shall, in his Request Form, indicate his choice of the competent ISA. (PCT
Rule 4.14bis)
Rule 10 . International Preliminary Examination and International Preliminary Examining
Authority.  -  10.1.  An international application may be the subject of an international preliminary
examination which shall be carried out by an IPEA. (PCT Article 32(1))IP/N/1/PHL/P/2
Page 6
10.2. The objective of the international preliminary examination is to formulate a preliminary
and non-binding opinion on the questions whether the claimed invention  appears  to be novel, to
involve  an  inventive step (to be non-obvious) and to be industrially applicable. (PCT Article 33(1))
10.3. The Director General shall specify one or more competent IPEAs for international
applications filed with the IPO and, subject to any required acceptance or compliance with applicable
requirements, the IPO shall publish in its website a list of those competent IPEAs. (PCT Rule 59.1(a))
10.4 Where there are two or more competent IPEA s for applications filed with the IPO, the
applicant shall, in his Demand Form, indicate his choice of the competent IPEA.
Rule 11 . Language Prescribed by the Receiving Office. – The language accepted by the
Philippines receiving Office for the filing of international application is Filipino or English, provided
that it is sufficient that the description and claims be in Filipino or English for the purposes of
according an international filing date under PCT Article 11(1). (PCT Rules 12.1, 20.4(c) and 48.3(a))
Rule  12 .  Translation for the Purposes of International Search . - (a) Where the international
application is filed in Filipino, the applicant shall, within one (1) month from the date of receipt of the
international application by the IPO, furnish to the Office a translation of the international application
into English in accordance with PCT Rule 12.3 (a) and (b).
(b) If the Engish translation is not furnished within the time limit under paragraph (a), the
Office shall invite the applicant to furnish it within  one (1) month from the date of invitation or two
(2) months from the date of receipt of the international application by the IPO, whichever expires
later.  (PCT Rule 12.3(c))
(c) If the applicant does not furnish the English translation within the applicable time limit
under paragraph (b), the international application shall be considered withdrawn and the IPO as a
receiving Office shall so declare in accordance with PCT Rule 12.3(d).
(d) The IPO shall promptly furnish the IB and the ISA a copy of the English translation.Rule 13. Documents and Correspondence . – (a) Any paper submitted by the applicant, other
than the international application itself, must, if not itself in the form of a letter, be accompanied by a
letter identifying the international application to wh ich it relates and must be signed by the applicant.
(PCT Rule 92.1(a))
(b) Correspondence intended for the applicant sh all be sent to the agent appointed under Rule
7. (PCT Rules 90.1(a) and 90.3(a) and Section 108 of the PCT Administrative Instructions)
Rule 14. Keeping of Records and Files . - The IPO shall keep th e records relating to the
international application or purported inte rnational application for at least (ten)  10 years from the
international filing date or, where no international filing date is accorded, from the date of receipt of
the purported application. (PCT Rule 93.1)
Rule 15. The International Application. - An international application shall   contain a
request, a description, one or  more  claims, one  or  more  drawings (where required), and  an
abstract. (PCT Article 3(2))
Rule 16. The Request. - The request shall be made in accordance with PCT Rules 3 and 4.
Copies of the Request form are available at the IPO.IP/N/1/PHL/P/2
Page 7
The Request Form may be made using PCT-EASY software made available by the IB, in
which case, the applicant is required to submit the Request as a computer print-out together with a
computer diskette containing a copy of the electronic form of the data contained in the Request and of
the abstract prepared using that software. (PCT Rule 89ter and Section 102bis of the PCT
Administrative Instructions)
Rule 17. The Description. –  The   description   shall    disclose    the   invention  in  a
manner  sufficiently  clear   and complete  for  the invention to  be carried  out by a person skilled in
the art.  (PCT Article 5, PCT Rule 5.1(a)(v))
The  requirements as to the format and content of  the description are set forth, in particular,
in PCT  Rules 5, 9, 10, and 11, and Section 204 of the PCT  Administrative Instructions.
Rule 18.  The Claims. -   The    claim   or   claims   shall   define   the   matter   for   which
protection is sought. Claims shall be clear and concise. They shall be fully supported by the
description. (PCT Article 6, PCT Rule 6)
The   requirements as to the format and content  of  claims   are   set  forth, in particular , in
PCT Rules 6, 9, 10, and 11.
Rule 19. The Drawings . - Drawings which are necessary for the understanding of the
invention must be part of the international applicat ion as originally filed in order to maintain the
international filing date during the national stage. If  drawings are referred to in the international
application but they are missing  upon filing, the  IPO  shall  give the applicant thirty (30) days from
the date of receipt of the international application to submit the drawings. If the missing drawings are
received within the thirty-day period, the international filing date shall be the date on which such
drawings are received. If such drawings are not tim ely received, all references to drawings in the
international application shall be considered non-existent. (PCT Article 7, 14(2), PCT Rule 26.2)
The  physical requirements for  drawings  are set  forth in  PCT Rule 11.3.Rule 20.  The Abstract. -  The abstract shall merely serve for technical information. Lack of an
abstract   upon  filing   of  an  international application will   not  affect   the   granting  of   a  filing
date.  If the abstract is missing, the IPO shall inv ite the applicant to submit the same within one (1)
month from the date of the invitation and the IPO shall notify the ISA accordingly. (PCT Article 3(3),
14(b), PCT Rule 26.1 , 26.2, 38)
The requirements as to the format and content of the abstract are set forth in PCT Rule 8.
Rule 21.  Priority Claim . – Any declaration referred to in Article 8(1) (“priority claim”) shall
be indicated in the Request Form as set forth in PCT Rule 4.10.
Any correction or addition on the priority claim shall be made in accordance with PCT Rule
26bis.
Rule 22.   Physical Requirements. – 22.1.  An  international  application  and each of the
documents that may be referred to in the checklist of the Request Form shall  be filed  in one (1) copy
only. (PCT Rule 11.1)
22.2. All sheets of the international application must be on A4 size paper (29.7 cm x 21 cm)
which shall be flexible, strong, white, smooth, non-shiny, and durable. (PCT Rules 11.3, 11.5)IP/N/1/PHL/P/2
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22.3. In order to facilitate processing of the international applications, attention of applicants
is directed to the other physical requirements for international application which are set forth in PCT
Rule 11 and Section 207 of the PCT  Administrative Instructions.
Rule 23.  Who May File An International Application. - A resident or  national of the
Philippines may file an international  application. If  there are two or more applicants, the right to file
an international application shall exist if at least one of them is a resident or national of the
Philippines. (PCT Article 9(1), PCT Rule 19.2(i))
Rule 24.  Where to File an International Application. – 24.1. A resident or national of the
Philippines may file an international  application with the IPO or the IB. (PCT Rule 19.1)
24.2. An international application may be filed directly with the IPO or through registered
mail by postal authority.
Rule 25.   According of International Filing Date and its Effect. – 25.1.  The IPO, as the
competent receiving Office, shall accord as the intern ational filing date the date of receipt of the
international application, provided that, at the time of receipt:
(1) at least one applicant is a resident or national of the Philippines;
(2) the international application is in the Filipino or  English language;
and
(3) the international application contains at least the following elements:
(i) an indication that it is intended as an international
application;
(ii)  the designation of at least one Contracting State;
(iii)  the name of the applicant;
(iv)  a part which on the face of it appears to be a description;
and
(v) (v)  a part which on the face of it appears to be a claim or
claims. (PCT Article 11(1))
25.2. If the IPO finds that the applicant or not one of the applicants is a resident or national of
the Philippines or that the language is neither Filipino nor English, the international application shall
be treated and transmitted to the IB in accordance with PCT Rule 19.4, subject to payment of thetransmittal fee under PCT Rule 14.
25.3. If the IPO finds that the international application did not, at the time of receipt, contain
the elements listed in Rule 25.1 item (3), it shall invite the applicant to file the required correction
within thirty (30) days from the date of the invita tion. If the applicant complies with the invitation, the
IPO shall accord as the international filing date the date of receipt of the required correction. If the
applicant does not comply with the invitation, the IPO shall promptly in accordance with PCT Rule
20.7(i) notify the applicant that his application is not and will not be treated as an international
application and shall indicate the reasons therefor. (PCT Article 11(2)(a) and (b))
Rule 26. Transmittal of the International Application. – 26.1. The IPO shall transmit the
“record copy” of the international application to the IB in accordance with PCT Rule 22;IP/N/1/PHL/P/2
Page 9
26.2. The IPO shall transmit the “search copy” of the international application to the
competent ISA after payment of the search fee by the applicant in accordance with PCT Rule 23.
(PCT Article 12(1))
26.3. The Director General may prohibit or restrict the transmittal of an application, if in his
opinion, to do so would be prejudicial to the national security and interests of the Republic of the
Philippines. The Director General may apply other measures, as provided under PCT Article 27(8),
that will not prevent the transmittal of the record copy and search copy but will restrict the contents of
the transmittals.   (PCT Rule 22.1, PCT Article 27(8))
Rule 27. The International Publication and its Effect. – 27.1.  In accordance with PCT Article
21 and PCT Rule 48, the IB shall publish the international application promptly after the expiration ofeighteen (18) months from the priority date of the application. However, the  applicant may ask  the
IB  to publish his international application any time before the expiration of  eighteen (18) months
from the priority date in accordance with PCT Rule 48.4.
27.2. In accordance with PCT Article 29(1), as far as the protection of any rights of the
applicant under Section 46 of the IP Code in the Philippines is concerned, the international
publication in English of an international application shall have the same effect as a publication in the
IPO Gazette under Section 44 of the IP Code  and its implementing rules and regulations provided that
notice of the international publication and copy of the international application has been transmitted
by the applicant to the actual unauthorized user of the invention claimed in the internationalapplication pursuant to Sec. 46.2 of the IP Code. (PCT Article 29(1))
27.3. If the language in which the international publication has been effected is a language
other than English, the protection of any right of the applicant under Section 46 of the IP Code  in the
Philippines shall be applicable only from such time as a translation into English has been published inthe IPO Gazette under Section 44 of the IP Code  and its implementing rules and regulations, and, such
translation into English has been transmitted by the applicant to the actual unauthorized user of the
invention claimed in the international application pursuant to Section 46.2 of the IP Code. (PCT
Article 29(2))
27.4. Where the international publication has been effected, on the request of the applicant,
before the expiration of eighteen (18) months from the priority date, the rights provided for under Sec.46 of the IP Code shall be applicable only from the expiration of eighteen (18) months from the
priority date subject to the conditions mentioned in the preceding paragraphs. (PCT Article 29(3))
Rule 28. Demand for International Preliminary Examination. – 28.1. On filing of a demand
under PCT Article 31, the international application shall be the subject of an international preliminary
examination.
28.2. The demand for international preliminary examination shall be filed directly by the
applicant with the competent IPEA prior to the expiration of the nineteenth (19
th) month from the
priority date.
28.3. The demand shall indicate the States in which the applicant intends  to use the results of
the  international preliminary examination.
28.4. In accordance with PCT Article 31 and PCT Rules 57 and 58, the demand shall be
subject to the payment by the applicant of the pres cribed fees directly to the IPEA within one (1)
month from the date on which the demand was submitted. (PCT Rules 57, 58, and 58bis)
Copies of the Demand Form are available at the IPO.IP/N/1/PHL/P/2
Page 10
Rule 29. Manner of Making Corrections. – Any correction offered to the IPO as a receiving
Office  may be  stated  in  a  letter  addressed  to the IPO if the  correction is of such a nature that it
can be  transferred from the letter to the record copy  without adversely affecting the clarity   and   the
direct reproducibility  of  the  sheet  on  to  which  the  correction  is to be transferred; otherwise, theapplicant  shall be required to submit the missing requirement or a replacement sheet containing the
correction  accompanied by a letter indicating the differences between the replaced sheet and the
replacement sheet. (PCT Rule 26.4)
Rule 30.   Delays in Meeting Time Limits. Delays in meeting time limits during international
processing of international applications may only be excused as provided in PCT Rule 82.
Rule 31. Recording of Changes.  -  Before the expiration of the time limit referred to in PCT
Articles 22(1) and 39(1)(a), the IPO may receive from the applicant a request for the recording of a
change in the person, name, residence, nationality or address of the applicant or a change in the
person, name or address of the inventor, the agent or the common representative. The IPO shall notify
the IB of the request for recording a change. (PCT Rule 92bis.1(a))
Rule 32.  Withdrawals . - The IPO may receive from the applicant notice of withdrawal of the
international application, any designation, or priority claims in accordance with PCT Rule 90 bis(1),
90bis(2), 90 bis(3).
Withdrawal of  a demand or any election shall be made directly to the IB in accordance with
PCT Rule 90 bis.4.
Rule 33. Certified Copies of the International Application and Priority Document.  -  (a) The
applicant may request the IPO to prepare a certified copy of the international application as filed andof any corrections thereto upon payment of the appropriate fee. (PCT Rule 20.9)
(b)  Where the priority document is issued by  the IPO, the applicant may, pursuant to PCT
Rule 17.1(b), request the IPO to prepare and transmit the priority document to the IB. Such request
shall be made not later than sixteen (16) months after the priority date and shall be subject to payment
of a fee.
PART 3
NATIONAL PHASE
Rule 34. The IPO as  a Designated or Elected Office. – 34.1. The IPO will act as the
Designated or Elected Office for international applications in which the Philippines has beendesignated or elected. (PCT Articles 2(xii), 2(xiii), 2(xiv), and IP Code Sections 5(a), 7(b), 8.1)
34.2. The IPO, when acting as a Designated or Elected Office during international processing
will be identified by the full title  “Philippine Designated Office” or by abbreviation “DO/PH” and
“Philippine Elected Office” or by abbreviation “EO/PH.” (Section 107(b) of the PCT Administrative
Instructions)
34.3. The major functions of the IPO in respect to international applications in which the
Philippines has been designated or elected, shall include:
(1) Receiving various notifications throughout the international phase; and
(2) Accepting for national phase examination international applications  which  comply
with Part 3 of these Rules.IP/N/1/PHL/P/2
Page 11
Rule 35 . Entry Into National Phase . – (a) An international application enters the national
phase when the applicant furnishes IPO a copy of the international application in English
(unless already transmitted by the IB), or, if the application was filed in another language, its
English translation not later than thirty (30) months from the priority date based on PCT
Article 22 (1) and PCT Article 39 (1) (a).
Subject to the payment of an extension fee for late entry equal to fifty percent
(50%) of the filing fee prescribed in the IPO Fee Structure, the entry into the
national phase may be extended by one (1) month.
(b) The filing fee prescribed in the IPO fee structure shall be paid within one (1)
month from the date of entry into the national phase; provided that an international
application which claims the priority of an earlier Philippine national application shall be
exempt from payment of the filing fee.  If th e applicant fails to pay the filing fee as herein
provided, the application shall be deemed withdrawn in the Philippines.
(c) The translation of the international application, as filed, referred to in paragraph
(a) shall include a translation into English of:
(1) the description;
(2) the claims as filed and, where applicable, as amended under PCT Article 19;
(3) any text matter of the drawings;
(4) the abstract; and
(5) where applicable, amendments to the description, claims or drawings under PCT
Article 34, as contained in the annexes to the international preliminary
examination report.
If the translation of the amendments under PCT Article 19 or PCT Article 34, as the
case may be, is not included, those amendments will be considered cancelled.
(d) 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 specification,
claims and drawings in accordance with the IP Code and its implementing rules andregulations.
Rule 36.  Entry Into the National Phase of an International Application Claiming The Priority
of an Earlier Philippine National Application. Within one (1) month from the date of entry into the
national phase of an international application claiming the priority of an earlier Philippine nationalapplication, the IPO shall invite the applicant to elect only one (1) application for further prosecution
within two (2) months from the date of the invitation, or within a longer period which the IPO may
allow but not to exceed six (6) months from the date of entry into the national phase.
Rule 37. Review by IPO as a Designated Office. – (a) Where the receiving Office other than the
IPO has refused to accord an international filing da te to an international application designating the
Philippines or has declared that the international application is considered withdrawn either generally
or as to the Philippines, or where the IB has made a finding under PCT Article 12(3) that the
international application is considered withdrawn because it has not received the record copy within
the prescribed time limit, the applicant may request  review of the matter by the IPO provided the
requirements of and the time limit specified by the Treaty and PCT regulations as well as the
requirements for entry into national phase in these Rules are complied with.IP/N/1/PHL/P/2
Page 12
(b) Where the refusal, declaration or finding mentioned in paragraph (a) was the result of an
error or omission on the part of the receiving Office or that the finding was the result of an error or
omission on the part of the IB, the IPO as a designated Office may treat the international application
as if such error or omission has not occurred. (PCT Article 25)
Rule 38.   Time Limit to Submit the Priority Document. – 38.1. The priority claim of an
international application designating or electing the Philippines shall not be disregarded by IPO,
where the priority document is received by the IB not later than sixteen (16) months after the priority
date in accordance with PCT Rule 17.1 (a) and (b).
38.2. If the priority document is not submitted to the IB within sixteen (16) months after the
priority date in accordance with PCT Rule 17.1 (a) and (b), the applicant may submit to the IPO a
certification from the national Office concerned statin g the following data regarding the application
the priority of which is claimed: name of the applicant, filing date, application number and title of the
application. The certification, and its English translation if not in English, together with payment of
the fee for extension of time to submit priority document and the surcharge for late payment provided
for in the IPO Fee Structure, shall be submitted within six (6) months from the date of entry of the
international application into the national phase w ithout need of notice. The certification and its
English translation if not in English do not require legalization. Failure of the applicant to comply
with this rule shall be ground to disregard the priority claim.
38.3 Where the validity of the priority claim is relevant to the determination of whether the
invention concerned is patentable, the applicant shall be required to submit the English translation ofthe priority document. (PCT Rule 17.1a, 17.1b, 51bis.1(e))
Rule 39. Procedure for Grant of Patent. - An international application that has entered the
national phase shall be governed by the applicable  provisions  under Republic Act No. 8293 and its
implementing rules and regulations and the applicable provisions of the Treaty, PCT Regulations, andPCT Administrative Instructions.
Rule 40. Application of the IPO Fee Structure. - The IPO Fee Structure shall apply after entry
into the national phase of the intern ational application provided that:
(a) an international application which validly cl aims the priority of an earlier Philippine
national application shall be exempt from payment of fees that  were already paid inconnection with that earlier Philippine national application;
(b) the due date for payment of the first annual fee shall be computed from the date of the
international publication regardless of the language of publication; and
(c) the international application shall be deemed withdrawn if the substantive examination fee
is not paid within six (6) months from the date of entry into the national phase. The
applicant may use a form for payment prescribed by IPO for this purpose.
PART 4
FEES DURING INTERNATIONAL PHASE
Rule 41. Fees to be Collected by the IPO. – The following fees shall be collected by the IPO:
41.1. Fees for the benefit of the IPO. The type and amount of fees for the benefit of the IPO
are:IP/N/1/PHL/P/2
Page 13
Ref.
CodeType of Fee Amount
(Philippine Peso)
901 Transmittal Fee   PCT Rule 14 3,500.00
902 Priority Document Fee  PCT Rule 17.1(b)    500.00
903 Fee for Transmitting Priority Document PCT Rule
17.1(b)1,750.00
904 Confirmation Fee
PCT Rules 4.9(c) and 15.5(a)Fifty (50%) of the sum of
designation fees underPCT Rule 15.5 in
Philippine currency at the
prevailing rate of
exchange at the time the
payment is due
905 Late Payment Fee  PCT Rule 16 bis.2(a)(ii) 3,500.00
906 Certified Copy of the International Application Fee
PCT Rule 20.9500.00
907 Transmittal Fee PCT Rule 19.4 3,500.00
41.2. Fees for the benefit of the IB (International Fee)
The amount of the basic fee referred to in PCT Rule 15.1(i), the designation fee referred to in
PCT Rule 15.1(ii) for any designation made under PCT Rule 4.9(a), and the designation fee referredto in PCT Rule 15.5 for any designation made under PCT Rule 4.9(b) and confirmed under PCT Rule
4.9(c), are published in the PCT Gazette and are available at the IPO.
41.3. Fee for the benefit of the ISA (Search Fee)
The amount of the search fee referred to in PCT Rule 16.1 of the competent ISA or ISAs for
the Philippines is published in the PCT Gazette.
Rule 42. Due Dates and Extension of Time Limits for Payment of Fees Collected by IPO. –
All fees must be paid on or before the due date prescribed in the PCT Regulations and these  Rules.
42.1. The transmittal fee, basic fee and search fee shall be paid by the applicant within one (1)
month from the date of receipt by the IPO of the international application; (PCT Rule 14.1(c), 15.4(a),
16.1(f))
42.2. The designation fee for any designation made under PCT Rule 4.9(a) shall be paid
within a time limit of:
(a) one (1) year from the priority date, or
(b) one (1) month from the date of receipt of the international application if that one-
month period expires later than one (1) year from the priority date; (PCT
Rule 15.4(b))
42.3. Where the fees due under this rule have not been paid, or that the amount paid is
insufficient to cover the total amount due, the IPO shall invite the applicant to pay the required fees
together with the late payment fee within one (1) month without extension of time from the date of
invitation; (PCT Rule 16bis.1(a))IP/N/1/PHL/P/2
Page 14
42.4. The designation fee under PCT Rule 15.5 for any designation made under PCT Rule
4.9(b) and confirmed under PCT Rule 4.9(c), together with the confirmation fee under PCT Rule 15.5,
shall be paid within fifteen (15) months from the priority date.
Rule 43. Fees for the Benefit of IPO; Form, Manner and Currency of Payment. – (a) All fees
for the benefit of the IPO  shall be paid in cash, money order, bank drafts and/or checks in Philippine
currency. In case of cash payment, the date of receipt is the date on which the full amount due was
paid in cash.  In case of money order, check or bank draft payment, the date of receipt of the money
order, check or bank draft will be the date of presentment provided that the same is honored upon first
presentment and provided that the payment covers the full amount due.
(b) Payment shall be made to the IPO Cashier during regular working days and business hours
from Monday to Friday, 8:00 a.m. to 12:00 noon and  from 1:00 p.m. to 5:00 p.m.
Rule 44. Fees for the Benefit of IB and ISA; Form, Manner and Currency of Payment. – 44.1
All fees for the benefit of the IB and the ISA collected by IPO as receiving Office shall be paid to IPO
in the currency or any of the currencies, if more than one, specified by the IB or the ISA as the case
may be, in the form of cash or bank draft. In case of cash payment, the date of receipt is the date onwhich the full amount due was paid in cash.  In case of bank draft payment, the date of receipt of the
bank draft will be the date of presentment provided that the same is honored upon first presentment
and provided further that the payment covers the full amount due. Payment shall be made to the IPO
Cashier during regular working days and business hours from Monday to Friday, 8:00 a.m. to 12:00
noon and  from 1:00 p.m. to 5:00 p.m.
44.2. Where the international application incurs an additional fee other than the search fee
under PCT Rule 16, the applicant shall pay directly to the ISA such other fees required by the ISA in
the currency, form and manner prescribed by it.
44.3. The Schedules of Fees of the IB and ISAs are published in the PCT Gazette and are
available at the IPO.
Rule 45.  Fees Payable to the IPEA.  - The international preliminary examination fee and the
handling fee under PCT Rule 58 shall be paid directly to the IPEA in the currency ,  form and manner
prescribed by it.
Other fees due to the IPEA in accordance with the Treaty and PCT Regulations shall be paid
directly to the IPEA in the currency, form and manner prescribed by it.
The Schedules of Fees of the IPEAs are published in the PCT Gazette and are  available at the
IPO.
Rule 46. Refunds. – 46.1 The IPO shall refund the intern ational fee to the applicant in
accordance with PCT Rule 15.6:
(a) if the IPO has found that the international filing date cannot be accorded in accordance
with PCT Article 11(1);
(b) if, before the transmittal of the record copy to the IB, the international application is
withdrawn or considered withdrawn; or
(c) if, due to prescriptions concerning the national security, the international application is
not treated as such.IP/N/1/PHL/P/2
Page 15
46.2.  The IPO shall refund the search fee to the applicant in accordance with PCT Rule 16.2:
(a) if the IPO has found that the international filing date cannot be accorded in accordance
with PCT Article 11(1);
(b) if, before the transmittal of the search copy to the ISA, the international application is
withdrawn or considered withdrawn; or
(c) if, due to prescriptions concerning the national security, the international application is
not treated as such.
Rule 47 .   Reduction in Fees .  – An applicant may be entitled to a reduction in fees provided
that the requirements, as specified by the IB and Authorities under the Treaty granting  such reduction
in fees, are fully satisfied and/or duly complied with.
PART 5
FINAL  PROVISIONS
Rule 48. Separability Clause. - If any provision in these Rules or application of such
provision to any circumstance is held invalid, the remainder of these Rules shall not be affected.
Rule 49. Filing of Certified Copies. – Mr. Eduardo Joson, Records Officer II, is hereby
directed to immediately file three (3) certified copies of these Rules with the University of the
Philippines Law Center, and, one (1) certified copy each with the Office of the President, the Senate
of the Philippines, the House of Representatives, the Supreme Court of the Philippines, and the
National Library.
Rule 50. Effectivity. -  Without prejudice to the performance by the IPO of its functions as a
receiving Office, designated Office or elected Office under the Treaty, from and as of the entering
into effect of the Treaty with respect to the Philippines on 17 August 2001, these Rules shall take
effect on October 22, 2001 after publication in a newspaper of general circulation in the Philippines
on October 4, 2001.
EMMA C. FRANCISCO
       Director General
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