How Long Patent Protection Lasts In The Philippines

1) The governing rule: duration depends on the type of protection you have

In the Philippines, the length of protection is set primarily by the Intellectual Property Code of the Philippines (Republic Act No. 8293, as amended) and depends on whether the right is an invention patent or a utility model. Closely related IP rights—like industrial design registrations—have different terms and are often confused with “patents,” so they’re discussed here too for context.


2) Invention patents: 20 years from the filing date

2.1 The basic term

An invention patent lasts for 20 years counted from the Philippine filing date of the application.

  • Start point: the filing date in the Philippines (or, for a PCT national phase entry, the international filing date, which functions as the filing date for term-counting purposes in national phase practice).
  • End point: the patent expires at the end of the 20-year term, unless it lapses earlier (most commonly due to non-payment of required fees) or is cancelled/invalidated.

2.2 No renewal of the 20-year term (but fees still matter)

You do not “renew” an invention patent to extend it beyond 20 years. However, patents can end before 20 years if required fees aren’t paid.

2.3 What “filing date” means in real situations

  • Local filing (direct Philippine application): term is counted from the date you filed at the Intellectual Property Office of the Philippines (IPOPHL).
  • Paris Convention priority claim: even if you claim an earlier priority date from a foreign application, the 20-year term is still counted from the Philippine filing date, not the priority date.
  • PCT national phase: the term is counted from the international filing date (because the PCT filing date is treated as the effective filing date for the national phase).

2.4 Example

If an invention patent application is filed in the Philippines on 2 February 2026, the patent’s maximum life runs until 2 February 2046 (subject to earlier lapse/cancellation).


3) Utility models: 7 years from the filing date (generally non-extendible)

A utility model (often used for incremental technical improvements) has a shorter duration than an invention patent.

3.1 The basic term

A utility model registration generally lasts 7 years from the filing date.

3.2 Renewal/extension

Utility model protection is typically not renewable beyond its statutory term. The registration ends when the term ends (or earlier if it lapses/cancels).

3.3 Practical note

Applicants sometimes choose utility model protection when:

  • they want a faster route to protection,
  • the invention may not meet the inventive step threshold expected for patents, or
  • the commercial life of the product is short enough that 7 years is sufficient.

4) Industrial designs (not patents, but often mistaken for them): up to 15 years

Industrial designs protect the ornamental/aesthetic appearance of a product (shape, configuration, pattern, ornamentation), not the technical solution.

  • Initial term: 5 years from filing
  • Renewals: renewable for two additional 5-year periods
  • Maximum: 15 years total

This matters because some products have both:

  • a technical feature protectable by patent/utility model, and
  • an appearance protectable by industrial design—each with a different “clock.”

5) Patent “life” vs. patent “protection”: what can shorten (or complicate) the 20 years

Even though the statute sets a maximum term, the effective period of enforceable protection depends on compliance and events during the patent’s life.

5.1 Maintenance and other required fees (lapse risk)

Patents can lapse before the full term if required fees (commonly referred to as maintenance/annual fees, depending on how they’re implemented in rules and schedules) are not paid on time.

  • If fees aren’t paid, rights can end early.
  • Systems often allow surcharges or grace periods in certain situations, but relying on grace is risky—late payment can still lead to lapse if deadlines are missed.

Bottom line: the “20 years” is the ceiling, not a guarantee.

5.2 Surrender/withdrawal

A patent owner may voluntarily surrender rights, ending protection early.

5.3 Cancellation or invalidation

A patent can be cancelled/declared invalid (in whole or in part) through proper legal proceedings. If invalidated, protection ends to the extent of the cancellation—even if the term has not yet expired.

5.4 Compulsory licensing and government use (does not extend the term)

In specific public-interest circumstances (often discussed in the pharmaceutical context), the law may allow:

  • compulsory licensing, or
  • government use

These mechanisms affect exclusivity, but they do not extend the patent term. The patent still expires on schedule.


6) Do patents get term extensions in the Philippines?

As a general rule in Philippine practice, patent term is fixed by statute:

  • Invention patents: 20 years from filing
  • Utility models: 7 years from filing
  • Industrial designs: up to 15 years from filing (renewals)

Unlike some jurisdictions that have specific “patent term adjustment/extension” systems for examination delays or regulatory approval delays (e.g., some forms of pharmaceutical extensions), Philippine patent protection is ordinarily not extended beyond the statutory term.


7) Filing strategies that affect timing (but not the statutory maximum)

While you generally can’t extend the statutory term, the timing of filing affects how much “market time” you actually get after grant.

7.1 Publication and pendency

Patent applications are typically published after a set publication period (commonly 18 months from the relevant filing/priority date in many systems). During examination, the application may be pending for years. That reduces the remaining time after grant because the clock was already running from filing.

7.2 Divisionals and multiple filings

If an application is divided into divisional applications, each divisional generally keeps the relevant filing lineage for term purposes (so divisionals typically don’t create a fresh 20-year clock as if newly invented on that later date). They may yield different granted claims, but not a longer statutory maximum.

7.3 Conversions (patent ↔ utility model)

Where conversion is allowed, it’s a strategic choice that affects:

  • the type of right you end up with (20-year patent vs. 7-year utility model),
  • the scope and thresholds for protection, but it does not let you “stack” terms to exceed what the law permits for the specific right.

8) What happens after expiry?

Once a patent or utility model expires (or lapses/cancels), the protected subject matter falls into the public domain in the Philippines—meaning others may generally make, use, sell, offer for sale, and import the formerly protected invention without needing permission, subject to other laws (e.g., regulatory, safety, labeling, competition rules).

Important nuance: expiry of a patent does not automatically grant rights to use:

  • trademarks (brand names/logos remain protected independently),
  • copyrighted materials (manuals, drawings, software code),
  • trade secrets (if information remained confidential and was not disclosed).

9) Quick reference table

Right (Philippines) What it protects Maximum duration Renewal? Counted from
Invention Patent Technical invention (product/process) 20 years No (but fees required to keep it alive) Filing date (or PCT international filing date in national phase practice)
Utility Model Technical solution (often incremental) 7 years Generally no Filing date
Industrial Design Ornamental/aesthetic appearance 15 years Yes (5 + 5 + 5) Filing date

10) Practical checklist for protecting the full term you’re entitled to

  1. Confirm the correct “filing date” for term counting (local filing vs PCT international filing date).
  2. Calendar fee due dates early and redundantly (law firm docket + internal docket).
  3. Monitor status changes (grant, lapse notices, publication, post-grant actions).
  4. Audit ownership and assignments (to avoid enforcement problems while the clock runs).
  5. Plan product launch around pendency (because the clock started at filing, not grant).

11) Key takeaway

  • Invention patents: 20 years from filing (fixed statutory ceiling; can end earlier if fees aren’t paid or if cancelled).
  • Utility models: 7 years from filing.
  • Industrial designs (separate right): up to 15 years (renewable in 5-year blocks).

These are the controlling durations for “patent-type” protection in the Philippine system, and the biggest practical factor in keeping protection for the full statutory period is timely compliance with required fee payments and maintaining the validity of the right.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.