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When people ask if it is “easy” to get a patent in the Philippines, it really depends on what they mean by easy. If “easy” means obtaining a utility patent from the Intellectual Property Office of the Philippines (IPOPHL) without facing a single objection, the reality is sobering: only a small percentage of applications go through without a single hurdle.
Most applications will face at least one rejection or office action. In fact, the substantive examination process at IPOPHL is designed to thoroughly test whether an invention truly meets the standards of novelty, inventive step, and industrial applicability.
That does not mean obtaining a patent is impossible—it simply means applicants should set realistic expectations and be prepared for a process that requires persistence, resources, and a well-thought-out strategy.
Several factors influence the difficulty of securing a Philippine patent:
Applicants naturally want broad claims to block competitors from making “knock-off” products. However, IPOPHL will often push back, requiring narrower claims until they meet the originality and non-obviousness standards.
This tug-of-war means that while adding more claim limitations may increase the chances of allowance, it can also reduce the commercial value of the patent. A patent that competitors can easily design around may not offer strong protection.
For example, in Nestlé Philippines, Inc. v. Court of Appeals (G.R. No. 112012, 2001), the dispute highlighted how narrowly or broadly worded claims can determine whether a patent truly provides enforceable rights. Narrow claims may lead to grant but leave gaps in protection.
Conducting a novelty search before filing can help identify existing patents or publications that are similar to your invention. However, such searches are never perfect—IPOPHL may still reject claims based on prior art that was missed or based on “obviousness” arguments.
Compared to utility patents, design patents (technically called industrial designs under the Philippine IP Code) are easier to secure. IPOPHL’s grant rate for industrial designs is high, and many applications proceed without significant objections.
This is why businesses sometimes file both:
A famous example is San Miguel Brewery, which has multiple design registrations for its beer bottle shapes in addition to its trademarks. This layered protection strategy ensures both function and appearance are legally covered.
It’s worth noting that some inventions also receive copyright protection, especially in software and creative outputs. For instance, the source code of a new software application may be protected by copyright automatically upon creation, while a patent may protect the technical method or system behind it. This dual layer of protection is recognized under Philippine IP law.
Applying for a utility patent at IPOPHL is rarely “easy,” but with patience, proper drafting, and professional guidance, it is achievable. Success requires:
If your goal is purely to hold a “trophy patent,” adding numerous limitations can improve approval chances, but the patent may have limited commercial value. On the other hand, a carefully strategized filing—balancing claim scope with enforceability—can produce a patent that becomes a true business asset.
For applicants who want to maximize their chances, working with an experienced Philippine IP agent, such as Brealant, Federis, or Hechanova, can make the process smoother.