What happens if the applicant fails to request substantive examination after publication?
If the applicant does not timely request substantive examination, the application will be deemed withdrawn. Section 48.1, Intellectual Property Code of the Philippines, states that the application shall be deemed withdrawn unless, within six months from the date of publication under Section 41, a written request is filed to determine whether the application meets the requirements of Sections 21 to 27 and 32 to 39, and fees are paid on time. This requirement ensures that only applicants who are serious about pursuing protection move forward to full examination. Failure to act within this period effectively abandons the application. 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/.
