Industrial Design in the Philippines

Pursuant to the Philippine Intellectual Property Code, industrial design refers to any composition of lines or colours or any three-dimensional shape, whether or not associated with lines or colours which forms design and can be use in industries or handicraft.

As a rule, the issues of industrial designing are appropriate for the handicrafts, jewellery, cell phones, packaging materials, furniture, electrical appliances, accessories, boxes, architectural structure, other facility and so on.

The protection of an industrial design is relevant since it allows the owner to prevent another person from using the layout of the industrial design without permission. It also hinders other persons from commercializing, importing, manufacturing or producing goods with the design.

In order to be registrable, an industrial design must be a new or original creation.

The following industrial designs shall not be registrable:

(a) Industrial designs that are dictated essentially by technical or functional considerations to obtain a technical result;

(b) Industrial designs which are mere schemes of surface ornamentations existing separately from the industrial product or handicraft; and

(c) Industrial designs which are contrary to public order, health, or morals.

Requirements for filing

Requirements for filing a new industrial design

  • Letter of filing;
  • Request for Registration of an industrial design;
  • Specifications, claims and formal drawings;
  • Special power of attorney from the authorized representative of the applicant designating a Philippine company as his authorized representative and agent for the application;
  • If the applicant claims convention priority, a certified copy of the foreign application together with an English translation;
Period of validity

The registration of the industrial design is valid for five (5) years from the filing date. It may be renewed for a maximum of two (2) consecutive periods of five (5) years each by paying the renewal fee. Therefore, in order to maintain these registrations, the applicant must pay the renewal fees within twelve (12) months prior to the filing date preceding the expiration of the period of registration.