Utility Models

– The Intellectual Property Code of the Philippines, as amended by R.A.s 9150, 9502, and 10372, effective January 1, 1998.
– The Revised Implementing Rules and Regulations for Patents, Utility Models and Industrial Designs of 2022, in force since September 20, 2022.

Membership in International Conventions

– Paris Convention, since September 27, 1965, Lisbon Act and Stockholm Act, with the exception of Art. 1 to 12, since July 16, 1980.
– Convention Establishing the World Intellectual Property Organization (WIPO), since July 16, 1980.
– WTO’s TRIPS Agreement, since January 1, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since May 14, 2019.


Letters Patent may be applied for utility models.

Definition: an invention qualifies for registration as a utility model (sometimes called “little patents”) if it is new and industrially applicable.

Condition for protection: a utility model need not possess the inventive step as a condition for protection. An applicant may not file two applications for the same subject, one for utility model registration and the other for the grant of a patent whether simultaneously or consecutively.

Filing requirements for an application: same as for “Patents“. However, (a) the application need not be classified and a search is not conducted to determine prior art; (b) the application is not published in the IPO Gazette and any interested party is not expected to inspect the application documents; (c) the Director General cannot prohibit or restrict the publication of the application, if in his opinion, the publication is prejudicial to the national security and interests of the Republic of the Philippines; (d) no particular rights are granted by the application after publication; (e) third parties are not given the right to present observations after publication concerning the patentability of the utility model; (f) no request for substantive examination is required; and (g) no amendment of the application is allowed.


The application shall be registered without substantive examination, provided all fees such as filing, excess claims and publication fees are paid on time and all formal requirements are filed, without prejudice to a determination as regards its novelty, industrial applicability and whether or not it is one of the non-registrable utility models.

Conversion of a utility model into a patent: at any time before the grant or refusal of a utility model registration, an applicant for a utility model registration may, upon payment of the prescribed fee, convert his application into a patent application, which shall be accorded the filing date of the initial application. An application may be converted only once.


After examination of the application and if the Director General finds that the model is patentable, the applicant is notified of the grant of the patent. The notice of the grant of a patent for a utility model shall the published in the Intellectual Property Office Gazette.

Durationrenewals: seven years from the date of filing, without any possibility of renewal.

AssignmentInfringement: same provisions as for “Patents“.

Compulsory licensing: same as for “Patents“.

Modification of Protection after Registration

Grounds for cancellation: (1) if claimed invention does not qualify for registration as a utility model and does not meet the requirements of registrability; (2) if description and claims do not comply with the prescribed filing requirements; (3) if any drawing which is necessary for the understanding of the invention has not been furnished; (4) if the owner of the utility model registration is not the inventor or his successor in title.