Philippines - Amendments to Annual Fee Due Dates for Divisional Patent Applications

In the early part of 2014, the Intellectual Property Office of the Philippines (IPOPHL) issued Memorandum Circular Nos. 14-002 and 14-003 amending the reckoning date of the annual fee due dates for divisional applications (filed via direct route or PCT) to achieve a uniform procedure in the payment of annual fees for patent applications. The amendments synchronize the annual fee due dates of both the parent application and its divisional application effective 3 March 2015, one year after the issuance date of Circular 14-002.

Under the current practice, the reckoning date for the annual fee of divisional patent applications is the publication date of the divisional application in the IPOPHL e-Gazette regardless of whether the divisional application is derived from a direct route patent application or from an international patent application. Starting 3 March 2015, however, annual fees for divisional applications shall be reckoned from the publication date of the parent application. Hence, for divisional applications derived from an international patent application, the annual fee due date shall be based on the international publication date of the parent application while for direct route divisional applications, the annual fee due date shall be reckoned from the publication date of the parent application in the IPOPHL e-Gazette. If the divisional application was filed more than four (4) years after the publication date of the parent application, payment of annual fees for the divisional application shall commence on the following year from the last year paid in the parent application, and on each subsequent anniversary of such date. The tables below illustrate these changes.

Direct Route Patent Application

Particulars	Parent Patent Application		Divisional Patent Application
Philippines Filing Date	5 January 2010		12 January 2014
Publication Date in the IPOPHL e-Gazette	10 December 2012		Not yet published
ANNUAL FEES	1^st	10 December 2016	1^st	10 December 2016
	2^nd	10 December 2017	2^nd	10 December 2017
	3^rd	10 December 2018	3^rd	10 December 2018
	4^th	10 December 2019	4^th	10 December 2019
	5^th	10 December 2020	5^th	10 December 2020
	6^th	10 December 2021	6^th	10 December 2021
	7^th	10 December 2022	7^th	10 December 2022
	8^th	10 December 2023	8^th	10 December 2023
	9^th	10 December 2024	9^th	10 December 2024
	10^th	10 December 2025	10^th	10 December 2025
	11^th	10 December 2026	11^th	10 December 2026
	12^th	10 December 2027	12^th	10 December 2027
	13^th	10 December 2028	13^th	10 December 2028
	14^th	10 December 2029	14^th	10 December 2029

PCT National Phase Application

Particulars	Parent Patent Application		Divisional Patent Application
International Filing Date	10 August 2010		–
National Phase Entry Date	5 January 2012		20 November 2013
International Publication Date	10 February 2011		–
Publication Date in the IPOPHL e-Gazette	–		20 April 2014
ANNUAL FEES	1^st	10 February 2015	No annual fee due yet
	2^nd	10 February 2016	1^st		10 February 2016
	3^rd	10 February 2017	2^nd		10 February 2017
	4^th	10 February 2018	3^rd		10 February 2018
	5^th	10 February 2019	4^th		10 February 2019
	6^th	10 February 2020	5^th		10 February 2020
	7^th	10 February 2021	6^th	10 February 2021
	8^th	10 February 2022	7^th	10 February 2022
	9^th	10 February 2023	8^th	10 February 2023
	10^th	10 February 2024	9^th	10 February 2024
	11^th	10 February 2025	10^th	10 February 2025
	12^th	10 February 2026	11^th	10 February 2026
	13^th	10 February 2027	12^th	10 February 2027
	14^th	10 February 2028	13^th	10 February 2028
	15^th	10 February 2029	14^th	10 February 2029
	16^th	10 February 2030	15^th	10 February 2030

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Philippines – Amendments to Annual Fee Due Dates for Divisional Patent Applications