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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The Bureau of Patents (BOP) commenced the full implementation of the electronic correspondence system for Patents, Utility Models and Industrial Designs on November 1, 2024 through IPOPHL Memorandum Circular No. 2024-036.
In 2019, the Intellectual Property Office of the Philippines (IPOPHL) launched the electronic Correspondence for Patents, Utility Models and Industrial Designs in order to enhance delivery services and facilitate the access of official issuances.
The Revised Implementing Rules and Regulations (IRR) for Patents, Utility Models and Industrial Designs of 2022 provides for the sending of correspondences by the Office through IPOPHL’s eCorrespondence portal, and all applicants or agents are required to enroll in said portal service.
In line with IPOPHL’s 6-point agenda of transforming into a fully digitized agency, and in order to facilitate the prosecution of applications, the IPOPHL recognizes the need to enhance and fully utilize the eCorrespondence system to ensure the timely receipt of all issued office actions, examination reports, notices and other correspondences. As a result, the IPOPHL issued Memorandum Circular No. 2024-036, mandating the Bureau of Patents (BOP) to commence with the full implementation of the eCorrespondence system for Patents, Utility Models and Industrial Designs starting November 1, 2024.
Section 1 of MC No. 2024-036 provides that all office actions, examination reports, notices and other correspondence issued by the BOP will no longer be printed and sent via courier or registered mail. It shall be sent through the IPOPHL Correspondence, as set out in Rule 2100 (c) of the Revised IRR of 2022.
For purposes of reckoning the time limit for the filing of responses and/or submission of requirements, the date of mailing shall be deemed as the date it is sent out from the eCorrespondence system. The correspondences sent via the eCorrespondence system shall be considered by the office as received on its email date.
The BOP shall only record and monitor the sending of eCorrespondence that includes the date the correspondences are sent and email addresses to which the applicants/agents are notified. Applicants or their Agents shall be responsible in the regular monitoring and the receipt of all issuances for their applications in the BOP.
MC No. 2024-036 emphasized that failed internet connections on the part of the receiver (applicant or agent), shall not be accepted as a valid reason for failure to file responses or comply with other requirements, as well as for filing of any petition or appeal over withdrawal or forfeiture of the application.
Section 4 provides that the email address identified upon online filing of a new patent, utility model and/or industrial application will be considered for sending all official correspondences from the BOP via the eCorrespondence system without need of enrollment. It is the responsibility of the applicant or agent to ensure that the email address provided through the online filing system is correct and remains active.
For any change in the email address, the applicant or agent shall inform the Office immediately and file a request for change/update of email address. The corresponding letter or request shall be filed per application via the eDocFile for Patents @ https://onlineservices.ipophil.gov.ph/eDocFilePatents/eDocFilePatents.aspx. The eCorrespondence system accommodates one (1) email address per application.
Since the full implementation of the eCorrespondence system commenced on November 1, 2024, all office actions, reports, notices and other correspondences approved, issued and sent via the eCorrespondence system prior to such date will still be printed and mailed via the courier and/or registered mail.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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