To build an effective intellectual and industrial property system for the development of domestic and creative activity, facilitating transfer of technology, attracting foreign investments, and ensuring market access for products, Intellectual Property Office of the Philippines (IPOPHL) establishes the Patent Protection Incentive for ITSOs program, to be known as “ITSO NICE IP”, under the herein prescribed terms and conditions.
Section 1. Objectives
The ITSO NICE IP aims to:
a) Increase the quality of research outputs of ITSOs;
b) Encourage and stimulate ITSOs to file invention patent applications; and
c) Increase the quality of ITSO patent applications and mitigate the practice of filing an invention converted into a utility model.
Section 2. Waiver of Fees
A. The ITSO NICE IP shall waive the following fees:
a) Request for Substantive Examination (RSE) Fee provided that the Search Report released on the 18th-month publication will reveal that the invention is novel and inventive (No X and Y document) *;
b) Second Publication Fee; and
c) Issuance Fee.
* The RSE shall only be waived if the invention is initially evaluated as novel and inventive during the establishment of the Search Report on the 18th-month publication. Otherwise. the RSE shall be paid fully by the ITSO applicant within six (6) months from the date of publication. In addition. the ITSO NICE applications are without prioritization and without prejudice to the result of the substantive examination. Note that only the RSE fees may be waived but applicants must still submit a RSE.
Scenario 1: With no X and Y Document during the establishment of Search Report on the 18th-month publication.
Scenario 2: With X and Y documents during the Substantive Examination Stage but the applicant was able to successfully overcome the X and Y documents making the application novel and inventive:
B. All other fees shall be paid for by the Applicant.
C. A beneficiary of the ITSO NICE IP cannot avail of any other program of the Bureau of Patents (BOP) such as the YIPI, Scitech, or Juana Invent Programs.
Section 3. Eligibility Criteria
ITSOs with:
a) existing MOA with IPOPHL;
b) patent applications filed in 2024 showing favorable examiner's action on novelty and inventiveness criteria during the establishment of the Search Report; and
c) patent applications filed in 2022 and 2023 with favorable substantive
d) examination report in 2024 can avail of the incentive package.
Section 4. General Conditions
A. Eligible ITSOs need to submit a written request to their respective ITSO Account Manager, which will then be forwarded to the ITSO Administration Team.
B. The ITSO Administration Team shall then assess the eligibility of ITSO applications based on the eligibility criteria. Qualified applicants will be issued a Recommendation Form from the ITSO Administration Team.
C. Eligible ITSOs can apply for the incentive package within the specified prosecution timelines:
a) Following the 18th-month publication, provided that the Search Report shows the novelty and inventiveness of the ITSO invention.
b) During the substantive examination stage, after successfully overcoming the novelty and inventive findings.
D. Eligible ITSOs shall submit the following documents to the BOP through the e-Doc system:
a) Request for the Waiver of Fees (Annex A);
b) Recommendation from ITSO Administration Team (Annex B);
c) Endorsement by Documentation, Information, and Technology Transfer Bureau (DITTB) to BOP.
E. BOP shall be in charge of the tagging for qualified patent applications which is apparent in the IPAS workflow of the Examiner-in-Charge.
Section 5. Effectivity Period
The ITSO NICE IP shall run from 15 April 2024 to 30April 2025 or until 100 patent applications have qualified for the incentive package, whichever comes later. However, it may be extended after review and assessment.
Section 6. Project Monitoring
A. The DITTB through the ITSO Administration Team shall coordinate with the ITSO Account Managers for the implementation and monitoring of the project and shall submit a quarterly report of all applications filed under the ITSO NICE IP to the Office of the Director General.
B. The DITTB shall assist the beneficiaries of the ITSO NICE IP with their patent applications, and monitor the status of their applications. The DITTB shall, likewise, provide pertinent advice and information related to technology transfer, commercialization, and management/maintenance of the beneficiaries' intellectual property assets covered by the application.
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