How can a Philippine patent applicant claim priority from a foreign patent filing?
A Philippine patent applicant can claim the filing date of an earlier foreign application for the same invention if certain conditions are met. Section 31, Intellectual Property Code of the Philippines, provides that the Philippine application shall be considered filed as of the foreign filing date if the local application expressly claims priority, is filed within twelve months from the earliest foreign filing, and a certified copy with English translation is filed within six months from local filing. This mechanism applies only where the foreign country grants similar privileges to Filipino citizens by treaty, convention, or law. It allows inventors to preserve an earlier foreign filing date when seeking protection in the Philippines. 21-Dec-25About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
