Patent and Utility Model Registration in the Philippines
In the Philippines, you protect a technical invention by filing an invention patent or a utility model with the Intellectual Property Office of the Philippines (IPOPHL). A patent can last 20 years from the Philippine filing date if the invention is new, involves an inventive step, and is industrially applicable. A utility model lasts seven years from filing, cannot be renewed, and does not require an inventive step or a substantive examination.
Recurra is a Philippine IP agent. We file patent and utility model applications with IPOPHL and offer a free consultation to help you choose the right route before you spend on drafting and government fees.
If you first want a plain-English comparison of the two options, start with our guide: Understanding Patents and Utility Models in the Philippines. This page covers the official process, government fees, documents, and how Recurra can file for you.
Who this is for
This service is for inventors, startups, small and medium businesses, universities, and companies that want Philippine protection for a product, machine, tool, composition, process, or an improvement of any of these.
It is also for applicants who do not live in the Philippines. Under the Intellectual Property Code, a non-resident must appoint and maintain a resident agent here. Recurra can act as that representative.
It may be a good fit if you:
Have a technical invention and are deciding between a patent and a utility model
Want to file first in the Philippines, or enter the Philippines after a foreign or PCT filing
Need help preparing the specification, claims, abstract, and drawings, then filing with IPOPHL
Want a local agent to monitor official actions and pay government fees on time
If your protection is mainly about how a product looks, rather than how it works, an industrial design may be more appropriate. See our Industrial Design Registration page or our industrial design guide.
Patent vs utility model
Both are filed with IPOPHL and can cover a technical solution to a problem. The legal tests and the process are different.
A patent is for an invention that is new, involves an inventive step (it is not obvious to a person skilled in the art), and is industrially applicable. IPOPHL examines those requirements before it grants the patent. The term is 20 years from the filing date in the Philippines, with no renewal. The patent must be maintained with annual fees, starting after four years from publication of the application.
A utility model (sometimes called a petty patent) is for an innovation that is new and industrially applicable. It does not need an inventive step. IPOPHL registers it after a formality examination, without a substantive examination of novelty or inventiveness. The term is seven years from the filing date, with no possibility of renewal. You may later request a registrability report, which cites prior art and can help you assess novelty if you need to enforce the registration.
You cannot file a patent and a utility model for the same subject, whether at the same time or one after the other (IP Code, Sec. 111). You can, however, convert a pending patent application into a utility model application, or a pending utility model application into a patent application, once, at any time before grant or refusal, and keep the original filing date (IP Code, Sec. 110).
For a fuller discussion of when each option makes sense, see Understanding Patents and Utility Models in the Philippines.
Comparison at a glance
Invention patent
Utility model
What it protects
A technical solution that is new, inventive, and industrially applicable
A technical solution that is new and industrially applicable
Inventive step required?
Yes
No
Term of protection
20 years from the Philippine filing date; not renewable
7 years from the filing date; not renewable
Examination
Formality examination, prior-art search, then substantive examination after you request it
Formality examination only; no substantive examination
Official publication
Published in the IPO Gazette after 18 months from the filing or priority date (earlier publication is available for a fee)
Published for adverse information (30 days) in the IPOPHL Gazette, then the registered utility model is published
Typical official timing
Publication at 18 months, then you must request substantive examination within 6 months of publication. Total time to grant depends on examination and your responses.
Formality report is mailed within 4 months of filing. Average processing time is 10–12 months. If all formalities are complete on filing, IPOPHL may recommend publication within 2 months (“UM in 2 months”).
Annual (annuity) fees
Yes. Due upon the expiration of 4 years from publication of the application, and every year after that
No annual fees were listed on the official UM fee schedule
Conversion
May be converted to a utility model once, before grant or refusal
May be converted to a patent once, before grant or refusal
Parallel filing of both for the same subject
Not allowed
Not allowed
Sources: RA 8293, Secs. 21, 26, 27, 44, 48, 54, 55, 108–111; IPOPHL Patent FAQ; IPOPHL Utility Model FAQ; How to file for a utility model.
What generally cannot be registered as a patent or a utility model includes discoveries and scientific theories, mathematical methods, schemes or rules for mental acts, games or doing business, computer programs as such, methods of surgical, therapeutic, or diagnostic treatment of the human or animal body (this does not apply to products or compositions for use in those methods), plant varieties or animal breeds and essentially biological processes for producing them (this does not apply to micro-organisms or to non-biological and microbiological processes), aesthetic creations, and anything contrary to public order or morality (IP Code, Sec. 22; the same exclusions apply to utility models).
The IPOPHL process
Online filing does not require you to visit the IPOPHL office. Patents are filed through eInventionFile. Utility models are filed through eUMFile. IPOPHL satellite offices (IPSOs) are not receiving offices for manual filing, but their officers can help with online filing. Manual filing is generally reserved for very long applications (the utility model filing page notes this for applications exceeding 250 pages).
Non-residents cannot file online in their own name; a resident agent or authorized representative in the Philippines must file and attach a Special Power of Attorney or Appointment of Resident Agent.
Invention patent
Optional prior-art search. IPOPHL suggests checking existing patents and applications first (for example through its patent search tools, Google Patents, or Espacenet). This is optional, but it can show whether the invention already forms part of prior art.
Prepare the application in Filipino or English: a request for the grant of a patent, a description that enables a person skilled in the art to carry out the invention, drawings if needed to understand it, one or more claims, and an abstract (preferably not more than 150 words). The application must identify the inventor. If you are not the inventor, IPOPHL may require proof of your authority. PDFs for online filing should be full-text searchable, and each attachment has a 10 MB limit.
File online through eInventionFile, or file in person if required. The system computes the fees after you upload the documents.
Pay the government fees. For online filings, an advance filing fee of ₱500 is required before the system treats the filing as a bona fide application and assigns an application number. That ₱500 is deducted from the filing fee. The Patent FAQ states that the remaining filing fees should be paid within one month from the filing date. IPOPHL’s 2022 Revised IRR FAQ also states that the filing fee, publication fee, and any priority-claim fee must be paid upon filing for the application to be considered bona fide, along with fees for claims in excess of five and sheets in excess of 30 as computed on the statement of account. Pay according to the statement of account that IPOPHL emails you.
Formality examination and prior-art search. IPOPHL checks formal requirements, classifies the application, and conducts a search of the prior art.
Publication. The application is published in the IPO Gazette, together with a search document, after 18 months from the filing date or priority date. You may request earlier publication for a separate fee (same amount for small and big entities). After publication, third parties may file written observations on patentability. Until publication, the application is confidential.
Request substantive examination. You must file a written request and pay the examination fee within six months from the date of publication. If you do not, the application is deemed withdrawn. Withdrawal of the request cannot be reversed and the fee is not refunded.
Substantive examination. An examiner assesses novelty, inventive step, and industrial applicability. You may need to respond to official actions and, if necessary, amend the claims without adding new matter beyond the original disclosure.
Grant, issuance, and publication. If the application meets the legal requirements and you pay the grant and issuance fees on time, IPOPHL grants the patent, issues the letters patent certificate, and publishes the grant. The patent takes effect on the date the grant is published in the IPO Gazette.
Maintain the patent. Annual fees are due upon the expiration of four years from the date the application was published, and on each later anniversary of that date. You may pay up to three months early. There is a six-month grace period if you also pay the prescribed surcharge (50% of the annual fee, per the official schedule). If the annual fee is not paid, the application is deemed withdrawn or the patent lapses.
Utility model
Optional prior-art search, as above.
Prepare the application in Filipino or English: specification and description (title, nature and purposes, explanation of any drawings, an enabling description, claims, and abstract), plus drawings where needed. Online filings use searchable PDFs for the specification, abstract, claims, and drawings, if any. Foreign applicants, and local applicants who use a representative, must include an appointment of resident agent or power of attorney.
File online through eUMFile.
Pay the government fees. Online filing also requires a ₱500 advance filing fee, deducted from the filing fee, before an application number is assigned. The remaining balance is due within one month from the filing date, unless you pay in full on filing. The application is registered without substantive examination once required fees (including any excess-claim and publication fees that apply) are paid and formal requirements are met.
Formality examination. The formality examination report is mailed within four months from the filing date if there are defects to correct. If all formalities are complete on filing, IPOPHL may recommend the application for publication within two months (“UM in 2 months”).
Publication for adverse information (30 days) in the IPOPHL Gazette.
Registration and publication. If no adverse information is filed during that period, IPOPHL may issue the certificate of registration and publish the registered utility model.
Optional registrability report. The applicant or an interested party may request a registrability report, which cites relevant prior art and its degree of relevance. IPOPHL says the report is given within two months from receipt of the request and full payment of the fee.
IPOPHL states that the average processing time of a utility model application is 10–12 months, depending on how complete and compliant the filings are.
Government fees (IPOPHL)
These are government fees payable to IPOPHL, not Recurra’s professional fee. Recurra’s professional fee is quoted separately after a free consultation.
Last checked: November 2026, against IPOPHL’s live fee schedules.
Small entity vs big entity. IPOPHL charges lower fees to a small entity (assets of ₱100 million or less) than to a big entity (assets of more than ₱100 million). To claim small-entity rates, applicants should submit the declaration of small-entity status required under IPOPHL Memorandum Circular No. 16-012, Sec. 5.3.
Legal Research Fund (LRF). Unless an official exception applies, fees are subject to a 1% Legal Research Fund under RA 3870, as amended, but not less than ₱10 if the fee is below ₱1,000. The tables below show the base amounts on IPOPHL’s schedule. The Patent FAQ states that the invention filing fee of ₱2,020 (small) and ₱4,363.20 (big) is inclusive of the 1% LRF. That matches ₱2,000 + 1% and ₱4,320 + 1%. Sequence listings for invention applications in excess of 4,000 pages are excluded from the LRF (UM & ID fee schedule, footnote 8 and Sec. 10 note).
Fees vary with the number of claims, the number of pages, priority claims, and the later requests you make. IPOPHL’s e-filing system computes the amount due and emails a statement of account. Always confirm the current schedule before paying, because official fees can change.
Typical invention patent fees
Source: Schedule of Fees on Patents.
Fee (base amount, before LRF unless noted)
Small entity (₱)
Big entity (₱)
Filing fee (includes the first 5 claims)
2,000
4,320
Filing fee including 1% LRF, as stated on the Patent FAQ
2,020
4,363.20
Each claim in excess of 5
180
360
Each sheet in excess of 30
18
36
Request for right of priority, per priority claim
1,000
2,160
Publication fee
920
960
Early publication (before 18 months from filing or priority date)
6,600
6,600
Substantive examination
2,010
4,200
Early substantive examination
2,500
5,000
Issuance of letters patent certificate
600
1,200
Second publication fee
920
960
Online advance filing fee (credited to the filing fee)
500
500
The official schedule also lists other amounts that apply only in some cases, including extension of time to file a response, revival, accelerated substantive examination, conversion from a utility model to an invention, divisional applications, and assignment recordals. See the official patents fee page for those.
Patent annual fees (annuities) under RA 8293
Annual fees start after four years from publication of the application (the official table is labeled from the 5th year). Payment may be made up to three months before the due date. Late payment in the six-month grace period incurs a surcharge of 50% of the total annual fee.
Year
Small entity (₱)
Big entity (₱)
5th
1,550
3,240
6th
2,000
4,320
7th
2,580
5,400
8th
3,100
6,480
9th
4,140
8,640
10th
5,170
10,800
11th
6,670
13,920
12th
8,280
17,280
13th
9,770
20,400
14th
11,900
24,840
15th
13,970
29,160
16th
15,980
33,360
17th
18,050
37,680
18th
21,670
45,240
19th
26,040
54,360
20th
31,222
65,160
Excess claim from the 5th until the 20th anniversary
210
420
The official schedule notes that the annuity fee increases if the patent is commercialized or exploited, but it does not list those higher amounts on the same page.
Typical utility model fees
Sources: Schedule of Fees on Utility Model & Industrial Design and the Utility Model Filing page, which shows the same core amounts.
Fee (base amount, before LRF)
Small entity (₱)
Big entity (₱)
Filing fee (up to 5 claims)
1,720
3,600
Filing fee plus 1% LRF (₱1,720 × 1.01 and ₱3,600 × 1.01)
1,737.20
3,636.00
Each claim in excess of 5
120
240
Each sheet in excess of 30
18
36
Request for right of priority, per priority claim
860
1,800
Registrability report
630
1,320
Issuance of certificate of registration
600
1,200
Conversion from an invention application to a utility model
330
660
Online advance filing fee (credited to the filing fee)
500
500
Utility model registrations are not renewable, and the official UM & ID schedule lists “extension of term” only for industrial designs.
Recurra’s professional fee
Recurra’s professional fee is quoted per case. Contact us for a free consultation and we’ll give you a clear quote before you commit.
Government fees above are paid to IPOPHL and are separate from Recurra’s professional fee. Our fee depends on the route (patent or utility model), the complexity of the specification and claims, and whether the filing is a first Philippine application, a convention (priority) filing, or a PCT national-phase entry.
The consultation to review your invention and recommend a route is free.
What Recurra does
Recurra can help you from the first decision through filing and follow-up with IPOPHL. A typical engagement may include:
A free consultation on whether a patent, a utility model, or another form of IP is the better fit
Help with a prior-art search before you file
Drafting or reviewing the specification, claims, abstract, and drawings
Preparing the IPOPHL forms, small-entity declaration (if you qualify), and any power of attorney or assignment
Filing the application through eInventionFile or eUMFile and paying official fees according to the statement of account
Acting as resident agent for applicants who are not based in the Philippines
Monitoring formality and examination reports and preparing responses
Requesting substantive examination for patents, or a registrability report for utility models, when due
Coordinating issuance of the certificate and reminding you of patent annuity deadlines
Documents you will need
Have these ready, preferably as searchable PDFs:
A clear description of the invention or utility model (how it is made and used, and what problem it solves)
One or more claims that define the protection you want
An abstract
Drawings, if they are needed to understand the invention (IPOPHL notes that drawings are required mostly for mechanical, electrical, and ICT subject matter on the utility model side)
The inventor’s or maker’s name and details (a patent cannot be granted unless the inventor is identified)
If the applicant is not the inventor or maker: a deed of assignment or other proof of authority
If you have a representative, or if the applicant is a foreign resident: a Special Power of Attorney or Appointment of Resident Agent
If you claim small-entity rates: a declaration of small-entity status (IPOPHL MC No. 16-012, Sec. 5.3)
If you claim convention priority: a certified copy of the earlier foreign application and an English translation, if it is not already in English. Under the IP Code, the Philippine application must be filed within 12 months of the earliest foreign filing, and the certified copy and translation must be filed within six months of the Philippine filing date
For PCT national-phase entry: the international application details and any other documents IPOPHL’s e-filing checklist requires
Do not publish or publicly demonstrate the invention before you get advice on timing. Prior art includes what has been made available to the public anywhere in the world before your filing or priority date. The IP Code provides a 12-month non-prejudicial disclosure period in limited cases, including disclosure by the inventor (Sec. 25). That is a narrow exception, not a reason to delay filing.
Frequently asked questions
What is a utility model in the Philippines?
A utility model is IPOPHL protection for a useful, new, and industrially applicable machine, tool, product, composition, process, or improvement that may not meet the inventive-step standard required for a patent. It lasts seven years from the filing date and cannot be renewed. It is registered after a formality examination, without a substantive examination.
What is the difference between a utility model and a patent?
A patent requires novelty, inventive step, and industrial applicability, and it is substantively examined. It can last 20 years from filing. A utility model requires novelty and industrial applicability only, is not substantively examined, and lasts seven years. A utility model is usually faster and less expensive. You cannot file both for the same subject.
How do I file a patent in the Philippines?
Prepare a specification, claims, abstract, and any drawings, then file with IPOPHL, usually online through eInventionFile, and pay the official fees. After a formality examination and search, the application is published at 18 months. You must then request substantive examination within six months of publication. If the examiner agrees the invention is patentable and you pay the grant fees, IPOPHL issues the patent. Recurra can prepare and file this for you. Start with a free consultation.
How much does it cost to file a patent or utility model with IPOPHL?
For an invention, the basic filing fee on the official schedule is ₱2,000 for a small entity and ₱4,320 for a big entity, before most add-ons, or ₱2,020 and ₱4,363.20 including the 1% LRF according to the Patent FAQ. That filing fee covers the first five claims. You should also budget for the publication fee, substantive examination, issuance, and later annual fees. For a utility model, the basic filing fee is ₱1,720 (small) or ₱3,600 (big) before LRF, plus later issuance and any registrability-report fee. These are government fees only. Recurra’s professional fee is separate and quoted after a free consultation.
How long does utility model registration take?
IPOPHL’s Utility Model FAQ says the average processing time is 10–12 months, depending on the completeness of your filings. If all formality requirements are met on filing, the Office may recommend publication within two months, then allow a 30-day adverse-information period before registration.
How long does a patent last, and do I have to pay annual fees?
A Philippine patent lasts 20 years from the filing date and cannot be renewed. To keep it in force, you must pay annual fees starting when four years have passed from publication of the application, and every year after that. There is a six-month grace period if you also pay the surcharge. A utility model has no renewal and the official UM fee schedule does not list annual fees.
Can I change a patent application into a utility model, or the other way around?
Yes, once. You may convert a pending patent application into a utility model application, or a pending utility model application into a patent application, at any time before grant or refusal, upon payment of the prescribed fee. The converted application keeps the original filing date. You still cannot keep two applications on file for the same subject.
Do I need a Philippine agent to file?
If you live in the Philippines, you may file on your own, though many applicants use an agent to draft claims and manage deadlines. If you are not a resident of the Philippines, you must appoint a resident agent or representative here. Recurra can act in that role and will walk you through the process in a free consultation.
Get a free consultation
Tell us what you have invented and whether you need protection in the Philippines, abroad, or both. We will explain the patent and utility model options, the official fees that apply to your case, and a practical filing plan. There is no obligation.
You can also read our longer explainer, Understanding Patents and Utility Models in the Philippines, before we speak, or learn more about Recurra.
