April 29, 2025

How likely is that your design patent is will be granted?

In the Philippines, design patents are formally known as industrial design registrations under the Intellectual Property Code (RA 8293). The Intellectual Property Office of the Philippines (IPOPHL) reports relatively high grant rates for design applications compared to invention patents. While there is no official statistic as recent as 2021, past trends and practitioner experience show that the majority of properly prepared design applications are eventually granted.This high allowance rate is partly because design registrations focus only on the ornamental appearance of an article—not its technical function. If your design is new, original, and sufficiently distinct from existing designs, your chances of success are favorable.What Factors Can Reduce Your Chances of Success?Several issues may lower your probability of securing a Philippine design patent:
1. Poor-Quality Drawings – IPOPHL is strict about formal requirements. Missing details such as shading, inconsistent views, or unclear representations can cause delays or rejection. In practice, many refusals in the Philippines stem from inadequate drawings, especially from foreign applicants using international filings.
  - Example: A case where an applicant’s 3D product images lacked proper line shading led to a formality rejection. Only after corrected technical drawings were submitted did the application proceed.
2. Lack of Novelty – Your design must be new worldwide. IPOPHL examiners often check prior art from local and international sources. With today’s internet-based search tools, finding a similar design is easier than ever.
  - Under Section 118 of the IP Code, designs that have been disclosed anywhere in the world before the filing date (or priority date) will be refused.
  - Case example: In Societe des Produits Nestlé S.A. v. Dy, G.R. No. 172276 (2007), although about trademarks, the Supreme Court emphasized the importance of distinctiveness. A similar standard is applied to design patents—if the design is too close to a prior product, it fails.
3. Functionality Issues – If the claimed features are dictated purely by technical function rather than ornamental appearance, the application may be refused. In such cases, the proper route is an invention patent, not a design registration.
Can Your Application Be Rejected for Not Being Unique?Yes. Like in other jurisdictions, IPOPHL examiners may reject a design application if they find it too similar to prior art. While design rejections are less frequent compared to invention patents, they do occur when prior designs are substantially the same.Applicants are also required to disclose any known prior designs through an Information Disclosure Statement (IDS), similar to international practice. Failing to do so may weaken your application if the examiner later finds undisclosed references.Design Patents vs. Utility Patents in the PhilippinesThe grant rate for design patents (industrial designs) is significantly higher than for utility patents (inventions).
- Design Applications: Typically smooth, provided novelty and formality requirements are met.
- Utility Patent Applications: Much more difficult, with higher rejection rates. Many invention applications in the Philippines receive at least one Office Action citing lack of novelty or inventive step.
This means that while invention patents face a tough review process, design registrations remain a relatively faster and more predictable form of protection.Practical Advice and Real-World Examples
- Apple v. Samsung (Global Case Example): While not decided in the Philippines, Apple successfully enforced design patents (for the iPhone’s rounded rectangle design) in multiple jurisdictions. This illustrates how powerful design rights can be in protecting consumer product aesthetics.
- Philippines Copyright and Design Overlap: A design can also sometimes be protected by copyright if it qualifies as a “work of applied art” under Section 172 of the IP Code. For instance, a furniture design may qualify for both design registration (industrial design) and copyright protection, giving dual layers of legal security.
ConclusionIf your design is new, original, and filed with high-quality drawings, your chances of securing protection from IPOPHL are very strong. While no grant is guaranteed, industrial design applications in the Philippines enjoy relatively high approval rates compared to invention patents.To avoid pitfalls, it is wise to work with an experienced IP agent such as Brealant, which offers affordable assistance (₱5,000 filing support), or larger firms like Hechanova and Federis, which are more expensive but highly experienced in complex cases.