WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/PHL/I/8
1 August 2001
(01-3813)
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 Rules and Regulations Establishing the Fee
Structure of the Intellectual Property Office, as notified by the Philippines under Article 63.2 of the
Agreement (see document IP/N/1/PHL/2).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
PHILIPPINES
Le présent document contient le texte
1 des Règles et réglementations établissant le barème des
taxes fixé par l'Office de la propriété intellectuelle, notifiées par les Philippines au titre de
l'article 63:2 de l'Accord (voir le document IP/N/1/PHL/2).
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 de las Normas y Reglamentos por los que se
establece la estructura de derechos de la Oficina de la Propiedad Intelectual, notificado por Filipinas
en virtud del párrafo 2 del artículo 63 de l Acuerdo (véase el documento IP/N/1/PHL/2).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/PHL/I/8
Page 2
June 8, 2000
RULES AND REGULATIONS ESTABLISHING THE FEE STRUCTURE
OF THE INTELLECTUAL PROPERTY OFFICE
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
and enhance enforcement of intellectual property rights in the Philippines;
Whereas , in declaring the foregoing State policies, Republic Act No. 8293,
otherwise known as the Intellectual Property Code of the Philippines re-engineered
the intellectual property regime in the country and adopted innovative changes such as
the first-to-file system in patent administration, removal of prior use as a requirement
for trademark application, possibility of provisional remedies in administrative
complaints for violation of intellectual property rights, liberalization of technology
transfer registration;
Whereas , the Intellectual Property Code abolished the Bureau of Patents,
Trademarks and Technology Transfer under the Department of Trade and Industry
and, in lieu thereof, created the Intellectual Property Office to administer and
implement the above-mentioned State policies;
Whereas , the Intellectual Property Office has promulgated seven sets of
implementing rules and regulations pursuant to the Intellectual Property Code;
Whereas , to implement the Intellectual Property Code and the rules and
regulations promulgated pursuant thereto, there is a need to restructure the fees and
charges prescribed by the former Bureau of Patents, Trademarks and Technology
Transfer;
Now, therefore , pursuant to the provisions of the Intellectual Property Code,
the following rules and regulations establishing the fees and charges of the Intellectual
Property Office are hereby promulgated:
PART I
Definitions
SECTION 1. Title. — These Rules shall be known as the "IPO Fee Structure".IP/N/1/PHL/I/8
Page 3
SECTION 2. Definition of terms and acronyms . — Unless otherwise specified,
the following terms and acronyms shall mean or refer to:
(a) "Bureau" refers to any or all of the bureaus of the IPO, namely:
• Bureau of Legal Affairs (BLA)
• Bureau of Patents (BOP)
• Bureau of Trademarks (BOT)• Documentation, Information and Technology Transfer Bureau
(DITTB)
• Management Information Systems and EDP Bureau (MIS-
EDPB)
• Administrative, Financial and Human Resource Development
Service Bureau (AFHRDSB)
(b) "Director" refers to any or all of the Directors or Officer-in-Charge
of the bureaus of the IPO
(c) "Director General" refers to the Director General of the IPO
(d) "Examiner" refers to an Intellectual Property Rights Specialist in the
Bureau of Patents and  Bureau of Trademarks
(e) "Fees" refer also to charges and costs; refer to costs imposed on
direct recipients of public goods and services by the IPO in the
exercise of its functions
(e) "IP Code" means Republic Act No. 8293 or the Intellectual Property
Code of the Philippines
(f) "IPO" or "Office" refers to the Intellectual Property Office
(g) "Publication Fee" refers to publication in the IPO Gazette
(h)     "IRR" refers to the implementing rules and regulations (including
any and all amendments) promulgated by the IPO
SECTION 3. Small and big entity; Presumption; Reduction . — For purposes of
assessment and payment of fees:IP/N/1/PHL/I/8
Page 4
(a) A small entity is:
1. Any natural or juridical person whose assets are worth
Twenty Million Pesos (P20M) or less; or,
2. Any entity, agency, office, bureau or unit of the Philippine
government including government-owned or controlled
corporations, state universities and colleges and government-owned or government-run schools.
(b) A big entity  is any natural or juridical person other than a small
entity as defined above.
(c) Any natural or juridical person is presumed to be a big entity unless
a written statement to the contrary is submitted by such naturalperson or the duly authorized representative of such juridical person.
(d) A small entity is entitled to a fifty percent (50%) reduction of the
rates unless otherwise provided in these Rules.
(e) Entitlement to the reduction of rate may be claimed at the time of
payment by submitting the written statement referred to in paragraph
(c) of this Section.  Said written statement shall be submitted only
once for each application, case or registration.
(f) The change in status or any assignment or other transfer from big entity
to small entity shall not result in any refund whatsoever of any
payment made prior to the submission of the written statement
referred to in paragraph (c) of this Section.  A change in status,
assignment or other transfer from small entity to big entity shall not
result in any increase of fees paid prior to the recordal of the change,
assignment or other transfer.
PART II
General Provisions
SECTION 1. Fees payable in advance . — All fees shall be collected in
advance of any service to be rendered or materials to be furnished. The Office may not
act on any pending transaction or request unless the prescribed fee is paid in full and
on or before the due date.
SECTION 2. Due date for fees . — Fees shall be paid on or before the due date
prescribed in the IP Code or IRRs. Where no due date is specified, the fees shall beIP/N/1/PHL/I/8
Page 5
due upon submission or filing of the request for the service or material incurring the
fee.
SECTION 3. Payment of fees . — Fees shall be paid in cash, money order, bank
drafts and or cheques in Philippine currency.
SECTION 4. Date of payment . — Fees shall be considered to have been paid
as follows:
(a) In case of cash payment: the date of receipt in cash of the amount
due in full.
(b) In case of money order, cheque or bank draft payment: the date of
receipt of the money order, cheque or bank draft provided that the
same is honored upon first presentment and provided that the
payment covers the amount due in full.
SECTION 5. Time and place of payment . — Payment transactions shall be
made during regular working days and business hours from Monday to Friday 8:00
a.m. to 12:00 p.m. and 1:00 to 5:00 p.m. to the IPO cashier only.
SECTION 6. Non-payment or Insufficiency of the amount paid . — Subject to
the IP Code or the applicable IRR, the Office may give the person making the
payment the opportunity to fully pay the fee or any deficiency within a maximumperiod of two (2) months from mailing date of the notice.  Failure to pay the full
amount shall not result in any refund whatsoever of any amount already paid.
SECTION 7. Time and place for submission of documents . — Any official
response, pleading or other document or paper, whether or not a fee is due, shall besubmitted to the Office during regular working days and business hours from Monday
to Friday, at 8:00 a.m. to 12:00 p.m. and 1:00 to 5:00 p.m.
SECTION 8. Legal Research Fund . — All fees and charges shall be subject to
the payment of the legal research fund required by Presidential Decree No. 200 at the
rate of one percent (1%) of the fee paid but not less than Two Pesos (Php 2.00).
SECTION 9. Donation to the IPO . — Any lawful Philippine or foreign, natural
or juridical, public or private, entity may donate to the IPO subject to the approval of
the Director General and/or a duly designated officer.
All fees or excess amounts paid to the IPO without mistake on the part of the
Office shall inure to the benefit of, and shall be deemed as donation to, the Office. All
donations may be certified by the duly authorized personnel of the IPO for any and alllawful purposes.IP/N/1/PHL/I/8
Page 6
SECTION 10.  Amounts paid due to the fault of the Office . –  All fees or excess
amounts paid to the IPO due to the fault of the Office shall be refunded unless the
payor waives the same in writing in favor of the IPO. In case of waiver by the payor,
the payment shall be governed by the immediately preceding section on "Donation to
the IPO".
PART III
Schedule Of Fees
SECTION 1.0 Schedule of General Fees . — The general fees prescribed
in this Section are applicable to the services and materials furnished by all the Bureaus
and offices of the IPO.
SECTION 1.1. Recordal of assignment in Patents . — Whenever a request
for recordal/annotation of assignments from small to big entity (Ref. Code No. 109)
and any other assignment affecting title (Ref. Code No. 111) is made prior to
publication  of an invention application under Section 44 of the IP Code, suchrecordal/annotation shall be published not earlier than the said publication.
SECTION 1.2 Recordal of assignment in Trademark . — Whenever a
request for recordal/annotation of assignment from small to big entity (Ref. Code No.
115) is made prior to the publication for opposition under Sec. 133 of the IP Code,
such recordal/annotation shall be published not earlier than said publication for
opposition.
GENERAL FEES
  Php
Ref. Code TYPE OF FEE Big Small
101 1.   CERTIFICATION FEE   280.00
plus cost of
reproduction/computer
print-out
102 2.   CERTIFIED TRUE COPY 350.00 175.00
plus cost of
reproduction/computer
print-out
103 3.   COMPUTER PRINT-OUT / MICRO-FICHE   PRINT
      OUTPhP 15.00 per page
104 4.   CONFERENCE w ith the Examiner 280.00 FREE
105 5.   IPO ACTION Box Php 1,500.00
Annual RentalIP/N/1/PHL/I/8
Page 7
106 6 .   IPO GAZETTE 500.00
Per copy
Price subject to change
as may be determined
and announced from
time to time
107 7.   PUBLICATION FEE   280.00
            minimum;approximately 1/8 page
108 8.   RECONSTITUTION of Records   555.00
plus other applicable
fees such as
certification fee,
reproduction fee and
publication fee
9. RECORDAL/ANNOTATION of:
      9.1 Invention
109           9.1.1  1st Assignment of application  from  small to big
                          entity4,140.00    N/A
plus
publication
fee
110          9.1.2 1st Assignment of issued patent  from small to big
                         entity5,520.00     N/A
plus
publication
fee
111          9.1.3  Any other  Assignment or document affecting title 485.00 242.50
plus publication feeIP/N/1/PHL/I/8
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     9.2 Utility Model and Industrial Design
112        9.2.1 1st Assignment of application  from small to big
                      entity2,070.00 N/A
plus
publication
fee
113        9.2.2 1st Assignment of issued patent  from small to big
                       entity2,760.00 N/A
plus
publication
fee
114        9.2.3 Any other Assignment or  document affecting title 240.00 120.00
plus
publication
fee
    9.3 Trademarks
115         9.3.1 1st Assignment of application  from small to big
                       entity2,070.00 N/A
plus
publication
fee
116         9.3.2 1st Assignment of registered mark  from small to
                        big entity3,450.00 N/A
plus
publication
fee
117          9.3.3 Any other Assignment or document affecting title 485.00 242.50
plus publication fee (if
applicable)
118          9.3.4 Updating of data such as change of name, change
                  of address485.00 242.50
plus publication fee (if
applicable)
119    9.4 Other documents not required by the Office 415.00 207.50IP/N/1/PHL/I/8
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10.  REPRODUCTION/Photocopy Prevailing rate will be
determined and
announced from time to
time
120   10.1 Domestic Php 2.50 per page
121   10.2 Overseas US $ 0.50 per page plus
other applicable charges
122 11 .   SURCHARGE for late payment of fees  where applicable 20% of the required fee
123 12 . Express charges, freight, postage, telephone, telefacsimile
including cost of paper and other related expenses; E-mail and
other electronic communications, publication in the IPOwebsite, publication in media  other than IPO GazetteActual cost
plus handling fee
equivalent to 10% of
the actual cost
13.   APPEALS/PETITIONS/MOTIONS
124    13.1 Appeal  to a Bureau Director from a final order or
           decision1,380.00 690.00
125    13.2 Motion for Reconsideration of the decision of the
           Director  of  DITTB2,000.00
126    13.3 Motion for Reconsideration of the decision of other
           Bureau Directors2,000.00 1,000.00
127    13.4 Appeal to the Director General from  DITTB 2,000.00
128    13.5 Appeal to the Director General from the other
Bureaus2,000.00 1,000.00
129    13.6 Any other Motion  not specified in other parts of this
           Section500.00IP/N/1/PHL/I/8
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SECTION 2.0. Schedule of Invention Patent-related fees . — The fees
provided in this Section shall apply to invention patents.
INVENTION Php
Ref. Code TYPE OF FEE        Big     Small
 1.   PRE-EXAMINATION
201      1.1 Filing Fee   2,760.00   1,380.00
202      1.2 For each sheet in excess of thirty (30)        20.00       10.00
203      1.3 For each claim in excess of five (5)      250.00     125.00
204      1.4 Request for right of priority   1,380.00     690.00
205      1.5 Request for Extension of Time to File Priority
           Documents 1,000.00     500.00
206      1.6 Divisional Application (for each division)  2,760.00  1,380.00
207      1.7 Conversion From Utility Model to Invention     900.00    450.00
2.   EXAMINATION
    2.1 Request for :
          2.1.1 Extension of time to file Response
208                        2.1.1.1 First     450.00    225.00
209                        2.1.1.2 Second     500.00    250.00
210           2.1.2 Substantive Examination  2,500.00 1,250.00
211           2.1.3 Revival    690.00    345.00
212      2.2 Preparation of amended page(s) of  the master copy of
           the specification and/or claims50.00
per page
3.  POST-EXAMINATION
     3.1 Issuance of Certificate
213           3.1.1 Letters  Patent     690.00    345.00
plus publication fee
214           3.1.2 Amendment or correction in the Letters Patent     280.00    140.00
plus publication fee
     3.2 Petition for:
215          3.2.1 Voluntary surrender or cancellation     415.00    207.50
plus publication fee
216         3.2.2 Any amendment or any correction of mistake in a
                 Letters Patent of formal and clerical nature
                 without fault of Office   415.00    207.50
217         3.2.3 Any amendment or any correction in a Letters
                 Patent of substantive nature 1,105.00    552.50IP/N/1/PHL/I/8
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4.  ANNUAL FEES:   Due and payable at
the beginning of the
stated year reckoned
from the date of first
publication prior to
substantiveexamination under Sec.
44 of RA 8293
2185th year  2,070.00   1,035.00
2196th year  2,760.00   1,380.00
2207th year  3,450.00   1,725.00
2218th year  4,140.00  2,070.00
2229th year  5,520.00  2,760.00
223 10th year   6,900.00  3,450.00
224 11th year   8,910.00  4,455.00
225 12th year 11,040.00  5,520.00
226 13th year 13,110.00  6,555.00
227 14th year 15,870.00  7,935.00
228 15th year 18,630.00  9,315.00
229 16th year  21,390.00  10,695.00
230 17th year  24,150.00  12,075.00
231 18th year  28,980.00  14,490.00
232 19th year  34,780.00  17,390.00
233 20th year  41,730.00  20,865.00
2345. Annual fee for each claim in excess of five (5)   [5th to
    20th year]    250.00    125.00
235 6. Notice and  publication of  non-payment of  annual fee 280.00
minimum;
approximately 1/8 pageIP/N/1/PHL/I/8
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SECTION 3.0 Schedule of Fees on Utility Model and Industrial Design
Patents . — The fees provided in this Section shall apply to utility model and industrial
design patents.
UTILITY MODEL AND INDUSTRIAL DESIGN Php
Ref. Code TYPE OF FEE        Big    Small
1. PRE-EXAMINATION
301      1.1 Filing Fee   2,350.00   1,175.00
302      1.2 For each sheet in excess of thirty (30)      20.00     10.00
303      1.3 For each claim in excess of five (5) in utility model    150.00     75.00
304      1.4 For each  embodiment in excess of one (1) in
           industrial design 1,105.00   552.50
305      1.5 Request for right of priority  1,105.00    552.50
306      1.6 Divisional Application (for each division)  2,350.00  1,175.00
307      1.7 Conversion From Invention to Utility Model     415.00    207.50
2. EXAMINATION
     2.1 Request for:
          2.1.1 Extension of Time to file Response
308                     2.1.1.1 First    450.00    225.00
309                     2.1.1.2 Second    500.00   250.00
310           2.1.2 Registrability Report    800.00   400.00
311           2.1.3 Revival    690.00   345.00
312      2.2 Preparation of amended page(s) of  the master copy of
           the specification and/or claims50.00
per page
3. POST-EXAMINATION
    3.1 Issuance of Certificate:
313           3.1.1 Registration [Applies only to applications filed
                   before effectivity of these rules]    500.00    250.00
  plus publication fee
314           3.1.2 Amendment or correction to the Registration    280.00    140.00
  plus publication fee
  3.2  Petition for:
315       3.2.1 Voluntary surrender or cancellation    280.00    140.00
   plus publication fee
316       3.2.2 Any amendment or any correction of mistakes in a
               Registration   of formal and clerical nature without
               fault of Office    280.00    140.00
317        3.2.3 Any amendment or any correction of mistakes in a
                Registration of substantive nature   555.00    277.50IP/N/1/PHL/I/8
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4. EXTENSION OF TERM (Industrial Design Registration
    per embodiment)
     4.1 Petition for Extension of Term
318           4.1.1  First   1,380.00    690.00
   plus publication fee
319          4.1.2 Second   2,760.00   1,380.00
plus publication fee
SECTION 4.0. Schedule of Patent-related Fees under Republic Act No.
165. The rates provided in this Section shall apply to applications filed and granted
under Republic Act No. 165 (the former law on patents). The rate of other applicablefees which are not found in this Section shall be based on rates provided in Part III,
Sections 1, 2 and 3 of these Rules.  In determining the due date of the Annual Fees
(Reference Code Nos. 420 through 433), the date of issuance of the patent is the same
as the date when the Director of Patents approved and signed the allowance.
FOR  APPLICATIONS PROSECUTED UNDER R.A.
165Php
Ref. Code TYPE OF FEE         Big     Small
1. PRE-EXAMINATION
401      1.1 For each claim in excess of five (5) in invention     115.00      57.50
402      1.2 For each embodiment in excess of one (1) in  design     920.00    460.00
     1.3 Claim of convention priority
403            1.3.1     Invention  1,150.00    575.00
404            1.3.2 Utility Model and Design      920.00     460.00
405      1.4 Re-issue application of an invention patent   1,105.00     552.50
     1.5 Divisional application (for each division)
406             1.5.1 Invention   2,300.00  1,150.00
407            1.5.2 Utility Model and Design   1,380.00     690.00
408       1.6 For conversion: Invention to Utility Model     345.00     172.50IP/N/1/PHL/I/8
Page 14
2. EXAMINATION
     2.1 Request for suspension of action
409             2.1.1 Invention     555.00     277.50
410             2.1.2 Utility Model  and  Design     415.00    207.50
      2.2 Interference     415.00    207.50
           2.2.1  Motion to:     280.00    140.00
                  2.2.1.1  Dissolve interference
                  2.2.1.2  Add party to an interference  proceeding
 2.2.1.3 Shift burden of proof in an interference
             proceeding
411                              2.2.1.3.1  Invention      690.00     345.00
412                              2.2.1.3.2  Utility Model  and  Design      485.00     242.50
          2.2.2. Extension to file appeal briefs in ex-parte cases
413                   2.2.2.1  Invention      415.00     207.50
    plus publication fee
414                   2.2.2.2 Utility Model  and  Design      280.00     140.00
    plus publication fee
3. POST-EXAMINATION
     3.1 Issuance of Certificate of Letters Patent
415           3.1.1  Invention      690.00      345.00
    plus publication fee
416            3.1.2 Utility Model and Industrial Design      500.00     250.00
     plus publication fee
417     3.2 Reinstatement of lapsed invention patent    2,760.00    1,380.00
     plus publication fee
4. EXTENSION OF TERM (Utility Model and Industrial
    Design)
     4.1 Petition for -
418            4.1.1 1st Extension    1,380.00      690.00
   plus publication fee
419           4.1.2 2nd Extension    2,760.00    1,380.00
   plus publication fee
5. ANNUAL FEES Due and payable at the
beginning of the stated
year reckoned from the
date of issuance patent
4205th year   2,070.00    1,035.00
4216th year   2,760.00    1,380.00
4227th year   3,450.00    1,725.00
4238th year   4,140.00    2,070.00
4249th year   5,520.00    2,760.00
42510th year   6,900.00    3,450.00IP/N/1/PHL/I/8
Page 15
426 11th year    8,910.00    4,455.00
427 12th year  11,040.00    5,520.00
428 13th year   13,110.00    6,555.00
429 14th year   15,870.00   7,935.00
430 15th year   18,630.00   9,315.00
431 16th year   21,390.00   10,695.00
432 17th year   24,150.00   12,075.00
4336. Annual fee for each claim in excess of five (5)   [5th to
    17th year]       250.00     125.00
434 7. Notice and  Publication of non-payment of annual fee 280.00
minimum; approximately
1/8 page
SECTION 5.0. Schedule of Trademark-related Fees . — The fees provided
in this Section shall apply to trademarks, service marks, tradenames and marked or
stamped containers.
TRADEMARK Php
Ref. Code TYPE OF FEE Big Small
1. PRE-EXAMINATION
501      1.1 Filing Fee (Per Class)   1,660.00      830.00
502      1.2 Claim for Convention Priority      690.00      345.00
503      1.3 Claim of color, Claim of distinctiveness      280.00      140.00
504      1.4 Request for Priority Examination   4,000.00   2,000.00
2. EXAMINATION
     2.1 Requests for -
505           2.1.1 Extension of time to file any response (1-60 days)     450.00     225.00
506           2.1.2 Use of an old drawing     280.00     140.00
          2.1.3 Divisional Application
507                    2.1.3.1 Basic     280.00     140.00
508                    2.1.3.2 1st extension     280.00     140.00
509                    2.1.3.3 2nd extension     280.00     140.00
510           2.1.4 Revival of Abandoned Application     690.00     345.00
          2.1.5 Suspension of action
511                    2.1.5.1 By Examiner     555.00     277.50
                   2.1.5.2 By Director
512                                2.1.5.2.1 First     690.00    345.00
513                                2.1.5.2.2 Second   2,400.00   1,200.00
514           2.1.6 Conversion of application from Home
                    Registration to “intent to use”  1,200.00     600.00
515            2.1.7 Amendment fee (to correct formalities, etc.)     485.00     242.50
516      2.2.  To question correctness of Examiner’s action     280.00     140.00IP/N/1/PHL/I/8
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3. REGISTRATION
     3.1 Issuance of
517          3.1.1 Original/New/Replacement/ Renewal of Certificate
               of Registration    280.00    140.00
    plus publication fee
518           3.1.2 Transfer Certificate of Registration     280.00    140.00
        per certificate
    3.2 Petition/Request for -
519          3.2.1  Amendment     485.00      242.50
    plus publication fee
520          3.2.2  Correction (Without fault of Office)     485.00     242.50
    plus publication fee
521          3.2.3  Voluntary Surrender/Abandonment     280.00     140.00
    plus publication fee
522          3.2.4 Voluntary Cancellation     280.00     140.00
    plus publication fee
523          3.2.5 Voluntary Disclaimer     280.00     140.00
   plus publication fee
        524          3.2.6 Division of Registration     280.00      140.00
525 4.  RENEWAL OF REGISTRATION   4,140.00    2,070.00
       Per ClassIP/N/1/PHL/I/8
Page 17
 5.  FILING OF DECLARATION OF ACTUAL USE
     5.1 Filed and registered under RA 8293
526           5.1.1    Within 3 years from filing date   1,200.00     600.00
527           5.1.2    Within 1 year from 5th year anniversary    1,380.00     690.00
     5.2 Filed under RA 166
528           5.2.1 Within 3 years from December 2, 1998    1,200.00     600.00
Due and payable
until Dec. 1, 2001
     5.3 Registered under RA 166 and expiring after June 3,           2004
529          5.3.1  Within 1 year from 5th
 year anniversary  1,380.00     690.00
530           5.3.2  Within 1 year from 10th year anniversary    2,760.00    1,380.00
531           5.3.3  Within 1 year from 15th anniversary    4,140.00    2,070.00
532     5.4  Use of mark by a related company    1,200.00      600.00
533     5.5  Single extension of time to file Declaration of Use    2,400.00    1,200.00
534 6. ANY OTHER PETITION/ MOTION / REQUEST not
    required      by the Office or not specified under  this
    section    500.00      250.00
SECTION 6.0. Schedule of Fees in Inter Partes Cases and Administrative
Complaints for violation of laws on intellectual property rights . — The fees provided
in this Section shall apply to Inter Partes Cases (Petition for Cancellation of a Mark,
Patent, Utility Model, or Industrial Design; Opposition to Registration of a Mark; and
Compulsory Licensing) and Administrative Complaints for violation of laws on
intellectual property rights. The reduction in rate for small entities shall not apply to
Administrative Complaints.
INTER PARTES CASES Php
Ref. Code TYPE OF FEE Big Small
1. TRADEMARKS
601      1.1 Filing of Opposition (verified or unverified)    5,520.00     2,760.00
602      1.2 Request for copy of unverified opposition reproduction cost at
prevailing rate
603      1.3 Petition for Cancellation     5,520.00     2,760.00
plus publication fee
604      1.4 Motion fee and Surcharge for  extension of time to file
           verified opposition    1,100.00      550.00
For every month
of extensionIP/N/1/PHL/I/8
Page 18
2. PATENTS
     2.1 Petition for Compulsory Licensing
605           2.1.1 Invention     8,280.00     4,140.00
plus publication fee
606           2.1.2 Utility Model / Industrial Design      4,140.00     2,070.00
plus publication fee
     2.2 Petition for Cancellation
607           2.2.1 Invention     8,280.00     4,140.00
608           2.2.2 Utility Model / Industrial Design     5,520.00     2,760.00
plus publication fee
3. Motion for -
609      3.1 Extension of time to file any pleading 500.00
610      3.2 Extension  of time to file appeal brief 500.00
611      3.3 Each postponement in excess of three (3) whether
           granted or not1,000.00
612      3.4 Holding proceedings outside IPO premises 1,000.00
613            3.4.1 Cost of holding of  proceedings outside IPO Per diem and other
expenses authorized for
governmentemployees/officials plus
actual cost of hotel
accommodation and
transportation
614 4. Any  other Motion/Manifestation with prayers/Petition and
    the like not specified in this section500.00
615 5. Transcript of Stenographic Notes 20.00
per pageIP/N/1/PHL/I/8
Page 19
ADMINISTRATIVE COMPLAINTS Php
Ref. Code TYPE OF FEE Big Small
621 1. Filing of complaint                 8,000.00
622     1.1 Additional filing fee 1/10 of 1% of the damages
claimed in excess of Five
Hundred Thousand Pesos
623 2. Permissive Counterclaim / Cross claim contained in an
    Answer filed in
    connection with IPR violation1,000.00
624      2.1 Additional filing fee 1/10 of 1% of the damages
claimed in excess of FiveHundred Thousand Pesos
3. Motion for -
625      3.1 Attachment 2,000.00
626      3.2 Injunction 2,000.00
627      3.3 Issuance of Cease and Desist Order 2,000.00
628      3.4 Issuance of Order of Destruction of Infringing
           Goods/Services2,000.00
629      3.5 Amendment of pleading that would increase the
           amount of damages  claimed1,000.00
630            3.5.1  Additional filing fee 1/10 of 1% of the damages
claimed in excess of Five
Hundred Thousand Pesos
which shall in no case be
less than One Thousand
Pesos
4. Motion for -
631      4.1 Extension of time to file any pleading 500.00
632      4.2 Extension  of time to file appeal brief 500.00
633      4.3 Each postponement in excess of three (3) whether
           granted or not1,000.00
634      4.4 Holding proceedings outside IPO premises 1,000.00
635           4.4.1 Cost of holding of proceedings outside IPO Per diem and other
expenses authorized forgovernment
employees/officials plus
actual cost of hotel
accommodation and
transportation
636 5. Any Motion/Manifestation with prayers/Petition and the
    like not specified  in this section500.00
637 6.  Transcript of Stenographic Notes 20.00
per pageIP/N/1/PHL/I/8
Page 20
SECTION 7.0. Schedule of Fees on Voluntary Licensing, Intellectual
Property information and Search Services and Dispute Settlement involving
Technology Transfer Arrangements . — The fees provided in this Section shall apply
to voluntary licensing, intellectual property information and search services, and,
dispute settlement. Reduction in rate shall not apply to these fees.
IP INFORMATION SERVICES Php
Ref. Code TYPE OF FEE Big Small
1. State-of-the Art Search and other related search
701      1.1 Equivalent search & compound per se 700.00
702      1.2 All other types of patent search 3,600.00
2. Trademark Search, per mark
703      1.1 Word Mark 500.00
704      1.2 Complex Mark 1,000.00-2,500.00
705 3. Consultation Fee (technical matter) 50.00
per hour
4. Guided Public Search Fee (using search tools)
706     4.1 For the first two (2) hours 50.00
707     4.2 Per hour in excess of two (2) hours 30.00
708 5. Request for statistical information other than those regularly
    published by the IPO500.00
minimum;  plus cost of
print-out
VOLUNTARY LICENSING Php
Ref. Code TYPE OF FEE Big Small
1. Request for Exemption
721      1.1 Filing Fee 1,500.00
722      1.2 Per exemption claimed 500.00
723      1.3 Extension Fee of time to file requirements 450.00
724      1.4 Registration Fee 1,500.00
2. Review of Trademark Agreements as a Pre-requisite to    Recordal1,500.00
    2.1 Certificate of Compliance
725           2.1.1 Filing Fee 1,500.00
726           2.1.2 Registration Fee 1,500.00
727      2.2 Preliminary Review 1,500.00IP/N/1/PHL/I/8
Page 21
728      2.3 Amendment of Certificate of Registration of
           Technology Transfer   Agreement485.00
729 3.  Recordal/Annotation of Technology Transfer Agreements 415.00
730 4. Any other request not specified  in  this particular table 500.00
DISPUTE SETTLEMENT
Involving Technology Transfer ArrangementsPhp
Ref. Code TYPE OF FEE Big Small
741 1. Filing of Complaint/Request for Mediation 8,000.00
2. Request for:
742      2.1. Drafting of Compromise/Mediation Agreement 2,000.00
743      2.2  Postponement 1,000.00
744      2.3. Suspension of proceedings 1,000.00
745      2.4. Holding  proceedings outside IPO premises 1,000.00
746         2.4.1 Cost of holding of pr oceedings outside IPO Per diem and other
expenses authorized fo r
governmentemployees/officials plusactual cost of hotel
accommodation and
transportation
DISPUTE SETTLEMENT
Involving Author’s RightsPhp
Ref. Code TYPE OF FEE Big Small
751 1. Filing of Complaint/Request for Mediation 4,000.00
2. Request for:
752      2.1. Drafting of Compromise/Mediation Agreement 1,000.00
753      2.2. Postponement 500.00
754      2.3. Suspension of proceedings 500.00
755      2.4. Holding  proceedings outside IPO premises 500.00
756         2.4.1 Cost of holding of pr oceedings outside IPO Per diem and other
expenses authorized fo r
government
employees/officials plus
actual cost of hotel
accommodation and
transportation
SECTION 8.0. Optional Registration as Resident Agents or
Representatives . — Except employees of the IPO or any bureau, office or attached
agency of the Department of Trade and Industry and their relatives to the fourthIP/N/1/PHL/I/8
Page 22
degree of consanguinity or affinity, Filipino  citizens domiciled in the Philippines
representing applicants, owners or parties before the IPO may be included in the IPO
Registry of Resident Agents and Representatives after completion of the IPO seminar
for resident agents/representatives and upon payment of a registration fee applicable
to the calendar year in which the payment was made. After the initial registration,
renewal of registration for each calendar year may be made by paying the registrationfee for each year.
SECTION 8.1. Existing List . — Attorneys and agents registered as of
effectivity of these Rules and Regulations shall remain in the registry until December
31, 2001 without need of paying the registration fee. Lawyers appearing before theIPO shall comply with requirements of the Supreme Court of the Philippines
governing admission to the bar and practice of law.
SECTION 8.2. Re-enlistment . — Registered resident agents and
representatives who fail to renew their registration on or before January 15 of each
year may be re-enlisted upon payment of the re-enlistment fee on or before April 15
without need of attending the seminar for resident agents/representatives. Thereafter,Section 8.1 shall be observed.
Ref. Code TYPE OF FEE Php
801 1. Registration Fee  (Resident Agent or Representative) 1,000.00
802 2. Re-Enlistment  Fee 1,500.00
803 3. Seminars/Convention/Workshop/etc. Fee To be announced from time
                to time
PART IV
Final Provisions
SECTION 1. Periodic Review of fees . — The IPO Fee Structure shall be
reviewed whenever necessary provided that the rates of the fees herein provided may
be increased only once every two years by a maximum of 15% unless a higher rate is
required by law, executive order, regulation or other issuance.
SECTION 2. Payments of fees prescribed by the Bureau of Patents,
Trademarks and Technology Transfer . — Any type of fee paid prior to the effectivity
of these Rules based on the rates prescribed by the former Bureau of Patents,Trademarks and Technology Transfer shall be deemed fully paid provided the
payment was made in full on or before the due date.
Any non-payment and/or insufficiency in payment shall be governed by Part II,
Section 6 of these Rules (Non-payment or Insufficiency of the amount paid) and shall
be assessed and paid based on rates determined in these Rules.IP/N/1/PHL/I/8
Page 23
SECTION 3. Extension of time to pay fees due and payable on effectivity of
these Rules .
(a) The payment of any type of fee that is due and payable, on the
effectivity of these Rules, pursuant to the IP Code, the IRRs or these
Rules, with respect to an application, case or other pending matter or
an existing registration, is hereby extended until 30 September 2000without any surcharge.
(b) Payment with surcharge may be made after 30 September 2000
provided that the same shall be made in full and not later than 30
November 2000, without any further extension.
(c) Part II Section 6 on non-payment or insufficiency of amount paid
shall not apply to the payments in this Section.
SECTION 4. Repeals . — All rules and regulations, memoranda, circulars, and
memorandum circulars and parts thereof inconsistent with these Rules, particularly the
fees and charges prescribed by the former Bureau of Patents, Trademarks and
Technology Transfer are hereby repealed.
SECTION 5. Separability . — If any provision in these Rules or application of
any provision to any circumstance is held invalid, the remainder of these Rules shall
not be affected thereby.
SECTION 6. Furnishing 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 copyeach to the Office of the President, the Senate of the Philippines, the House of
Representatives, the Supreme Court of the Philippines, and the National Library.
SECTION 7. Effectivity . — These rules and regulations shall take effect
immediately.
Done this 8th of June 2000, Makati City.
  (Sgd.) EMMA C. FRANCISCO
                                                                         Director General
__________