IPO, June 08, 2000

[ IPO, June 08, 2000 ]

RULES AND REGULATIONS ESTABLISHING THE FEE STRUCTURE OF THE INTELLECTUAL PROPERTY OFFICE

Whereas, the State recognizes that an effective industrial property system is vital to the development of domestic creativity, facilitates transfer of technology, attracts foreign investments and ensures market access for our products;

Whereas, it is the policy of the State to streamline administrative procedures and enhance enforcement of intellectual property rights in the Philippines;

Whereas, in declaring the foregoing State policies, Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines re-engineered the intellectual property regime in the country and adopted innovative changes such as the first-to-file system in patent administration, removal of prior use as a requirement for trademark application, possibility of provisional remedies in administrative complaints for violation of intellectual property rights, liberalization of technology transfer registration;

Whereas, the Intellectual Property Code abolished the Bureau of Patents, Trademarks and Technology Transfer under the Department of Trade and Industry and, in lieu thereof, created the Intellectual Property Office to administer and implement the above-mentioned State policies;

Whereas, the Intellectual Property Office has promulgated seven sets of implementing rules and regulations pursuant to the Intellectual Property Code;

Whereas, to implement the Intellectual Property Code and the rules and regulations promulgated pursuant thereto, there is a need to restructure the fees and charges prescribed by the former Bureau of Patents, Trademarks and Technology Transfer;

Now, therefore, pursuant to the provisions of the Intellectual Property Code, the following rules and regulations establishing the fees and charges of the Intellectual Property Office are hereby promulgated:

PART I

Definitions

Section 1. Title. — These Rules shall be known as the "IPO Fee Structure".

Section 2. Definition of terms and acronyms. — Unless otherwise specified, the following terms and acronyms shall mean or refer to:

(a) "Bureau" refers to any or all of the bureaus of the IPO, namely:

• Bureau of Legal Affairs (BLA)

• Bureau of Patents (BOP)

• Bureau of Trademarks (BOT) .,

• Documentation, Information and Technology Transfer Bureau (DITTB)

• Management Information Systems and EDP Bureau (MIS-EDPB)

• Administrative, Financial and Human Resource Development Service Bureau (AFHRDSB)

(b) "Director " refers to any or all of the Directors or Officer-in-Charge of the bureaus of the IPO

(c) " Director General " refers to the Director General of the IPO

(d) "Examiner " refers to an Intellectual Property Rights Specialist in the Bureau of Patents and Bureau of Trademarks

(e) " Fees" refer also to charges and costs; refer to costs imposed on direct recipients of public goods and services by the IPO in the exercise of its functions

(f) "IP Code" means Republic Act No. 8293 or the Intellectual Property Code of the Philippines

(g) " IPO " or "Office" refers to the Intellectual Property Office

(h) "Publication Fee " refers to publication in the IPO Gazette

(i) "IRR " refers to the implementing rules and regulations (including any and all amendments) promulgated by the IPO

SECTION 3. Small and big entity; Presumption; Reduction. — For purposes of assessment and payment of fees:

(a) A small entity is:

1. Any natural or juridical person whose assets are worth Twenty Million Pesos (P20M) or less; or,

2. Any entity, agency, office, bureau or unit of the Philippine government including government-owned or controlled corporations, state universities and colleges and government-owned or government-run schools.

(b) A big entity is any natural or juridical person other than a small entity as defined above.

(c) Any natural or juridical person is presumed to be a big entity unless a written statement to the contrary is submitted by such natural person or the duly authorized representative of such juridical person.

(d) A small entity is entitled to a fifty percent (50%) reduction of the rates unless otherwise provided in these Rules.

(e) Entitlement to the reduction of rate may be claimed at the time of payment by submitting the written statement referred to in paragraph (c) of this Section. Said written statement shall be submitted only once for each application, case or registration.

(f) The change in status or any assignment or other transfer from big entity to small entity shall not result in any refund whatsoever of any payment made prior to the submission of the written statement referred to in paragraph (c) of this Section. A change in status, assignment or other transfer from small entity to big entity shall not result in any increase of fees paid prior to the recordal of the change, assignment or other transfer.

PART II

General Provisions

SECTION 1. Fees payable in advance. — All fees shall be collected in advance of any service to be rendered or materials to be furnished. The Office may not act on any pending transaction or request unless the prescribed fee is paid in full and on or before the due date.

SECTION 2. Due date for fees . — Fees shall be paid on or before the due date prescribed in the IP Code or IRRs. Where no due date is specified, the fees shall be due upon submission or filing of the request for the service or material incurring the fee.

SECTION 3. Payment of fees . — Fees shall be paid in cash, money order, bank drafts and or cheques in Philippine currency.

SECTION 4. Date of payment . — Fees shall be considered to have been paid as follows:

(a) In case of cash payment: the date of receipt in cash of the amount due in full.

(b) In case of money order, cheque or bank draft payment: the date of receipt of the money order, cheque or bank draft provided that the same is honored upon first presentment and provided that the payment covers the amount due in full.

SECTION 5. Time and place of payment . — Payment transactions shall be made during regular working days and business hours from Monday to Friday 8:00 a.m. to 12:00 p.m. and 1:00 to 5:00 p.m. to the IPO cashier only.

SECTION 6. Non-payment or Insufficiency of the amount paid. — Subject to the IP Code or the applicable IRR, the Office may give the person making the payment the opportunity to fully pay the fee or any deficiency within a maximum period of two (2) months from mailing date of the notice. Failure to pay the full amount shall not result in any refund whatsoever of any amount already paid.

SECTION 7. Time and place for submission of documents . — Any official response, pleading or other document or paper, whether or not a fee is due, shall be submitted to the Office during regular working days and business hours from Monday to Friday, at 8:00 a.m. to 12:00 p.m. and 1:00 to 5:00 p.m.

SECTION 8. Legal Research Fund . — All fees and charges shall be subject to the payment of the legal research fund required by Presidential Decree No. 200 at the rate of one percent (1 %) of the fee paid but not less than Two Pesos (P 2.00).

SECTION 9. Donation to the IPO. — Any lawful Philippine or foreign, natural or juridical, public or private, entity may donate to the IPO subject to the approval of the Director General and/or a duly designated officer.

All fees or excess amounts paid to the IPO without mistake on the part of the Office shall inure to the benefit of, and shall be deemed as donation to, the Office. All donations may be certified by the duly authorized personnel of the IPO for any and all lawful purposes.

SECTION 10. Amounts paid due to the fault of the Office. — All fees or excess amounts paid to the IPO due to the fault of the Office shall be refunded unless the payor waives the same in writing in favor of the IPO. In case of waiver be the payor, the payment shall be governed by the immediately preceding section on "Donation to the IPO".

PART III

Schedule of Fees

SECTION 1.0. Schedule of General Fees . — The general fees prescribed in this Section are applicable to the services and materials furnished by all the Bureaus and offices of the IPO.

SECTION 1.1. Recordal of assignment in Patents . — Whenever a request for recordal/annotation of assignments from small to big entity (Ref. Code No. 109) and any other assignment affecting title (Ref. Code No. 111) is made prior to publication of an invention application under Section 44 of the IP Code, such recordal/annotation shall be published not earlier than the said publication.

SECTION 1.2. Recordal of assignment in Trademark . — Whenever a request for recordal/annotation of assignment from small to big entity (Ref. Code No. 115) is made prior to the publication for opposition under Sec. 133 of the IP Code, such recordal/annotation shall be published not earlier than said publication for opposition.

GENERAL FEES

Php

Ref. Code

TYPE OF FEE

Big

Small

101

1. CERTIFICATION FEE

280.00

plus cost of reproduction/computer print-out

102

2. CERTIFIED TRUE COPY

350.00

175.00

plus cost of

reproduction/computer print-out

103.

3. COMPUTER PRINT-OUT/MICRO-FICHE PRINT OUT

15.00 per page

104

4. CONFERENCE with the Examiner

280.00

FREE

105

5. IPO ACTION Box

1,500.00

Annual Rental

106

6. IPO Gazette

500.00

Per copy

Price subject to change as may be determined and announced from time to time

107

7. PUBLICATION FEE

280.00

minimum; approximately 1/8 page

108

8. RECONSTITUTION of Records

555.00

plus other applicable fees such as certification fee, reproduction fee and publication fee

9. RECORDAL/ANNOTATION of:

9.1 Invention

109

9.1.1 1st Assignment of application from small to big entity

4,140.00

plus publication fee

N/A

110

9.1.2 1st Assignment of issued patent from small to big entity

5,520.00

plus publication fee

N/A

111

9.1.3 Any other Assignment or document affecting title

485.00

plus publication fee

242.50

9.2 Utility Model and industrial Design

112

9.2.1 1st Assignment of application from small to big entity

2,070.00

Plus publication fee

N/A

113

9.2.2 1st Assignment of issued patent from small to big entity

2,760.00

Plus publication fee

N/A

114

9.2.3 Any other Assignment or document affecting title

240.00

Plus publication fee

120.00

9.3 Trademarks

115

9.3.1 1st Assignment of application from small to big entity

2,070.00

Plus publication fee

N/A

116

9.3.2 1st Assignment of registered mark from small to big entity

3,450.00

plus publication fee

N/A

117

9.3.3 Any other Assignment or document affecting title

485.00

plus publication fee (if applicable)

242.50

118

9.3.4 Updating of data such as change of name, change of address

485.00

plus publication fee (if applicable)

242.50

119

9.4 Other documents not required by the Office

415.00

207.50

11. REPRODUCTION/Photocopy

Prevailing rate will be determined and announced from time to time

120

11.1 Domestic

PhP 2.50 per page

121

11.2 Overseas

US$0.50 per page

122

12. SURCHARGE for late payment of fees where applicable

20% of the required fee

123

13. Express charges, freight, postage, telephone, telefacsimile including cost of paper and other related expenses, E-mail and other electronic communications, publication in the IPO website, publication in media other than IPO Gazette

Actual cost plus handling fee equivalent to 10% of the actual cost

15. APPEALS/PETITIONS/MOTIONS

124

15.1 Appeal to a Bureau Director from a final order or decision

1,380.00

690.00

125

13.2 Motion for Reconsideration of the decision of the Director of DITTB

2,000.00

126

15.3 Motion for Reconsideration of the decision of other Bureau Directors

2,000.00

1,000.00

127

15.4 Appeal to the Director General from DITTB

2,000.00

128

15.5 Appeal to the Director General from the other Bureaus

2,000.00

1,000.00

129

15.6 Any other Motion not specified in other parts of this Section

500.00

SECTION 2.0. Schedule of Invention Patent-related fees . — The fees provided in this Section shall apply to invention patents.

INVENTION

Php

Ref. Code

TYPE OF FEE

BIG

SMALL

1. PRE-EXAMINATION

201

1.1 Filing Fee

2,760.00

1,380.00

202

1.2 For each sheet in excess of thirty (30)

20.00

10.00

203

1.3 For each claim in excess of five (5)

250.00

125.00

204

1.4 Request for right of priority

1,380.00

690.00

205

1.5 Request for Extension of Time to File Priority Documents

1,000.00

500.00

206

1.6 Divisional Application (for each division)

2,760.00

1,380.00

207

1.7 Conversion From Utility Model to Invention

900.00

450.00

2. EXAMINATION

2.1 Request for:

2.1.1 Extension of time to file Response

208

2.1.1.1 First

450.00

225.00

209

2.1.1.2 Second

500.00

250.00

210

2.1.2 Substantive Examination

2,500.00

1,250.00

211

2.1.3 Revival

690.00

345.00

212

2.2 Preparation of amended page(s) of the master copy of the specification and/or claims

50.00

per page

3. POST-EXAMINATION

3.1 Issuance of Certificate

213

3.1.1 Letters Patent plus publication fee

690.00

345 00

214

3.1.2 Amendment or correction in the

280.00

140.00

Letters Patent

plus publication fee

3.2 Petition for:

215

3.2.1 Voluntary surrender or cancellation

415.00

207.50

plus publication fee

216

3.2.2 Any amendment or any correction of mistake in a Letters Patent of formal and clerical nature without fault of Office

415.00

207.50

217

3.2.3 Any amendment or any correction in a Letters Patent of substantive nature

1,105.00

552.50

Due and payable at the vfbeginning of the stated year reckoned from the date of first publication prior to substantive examination under Sec. 44 of RA 8293

4. ANNUAL FEES:

218

5th year

2,070.00

1035.00

219

6th year

2,760.00

1380.00

220

7th year

3,450.00

1,725.00

221

8th year

4,140.00

2,070.00

222

9th year

5,520.00

2,760.00

223

10th year

6,900.00

3,450.00

224

11th year

8,910.00

4,455.00

225

12th year

11,040.00

5,520.00

226

13th year

13,110.00

6,555.00

227

14th year

15,870.00

7,935.00

228

15th year

18,630.00

9,315.00

229

16th year

21,390.00

10,695.00

230

17th year

24,150.00

12,075.00

231

18th year

28,980.00

14,490.00

232

19th year

34,780.00

17,390.00

233

20th year

41,730.00

20,865.00

234

5. Annual fee for each claim in excess of five (5) [5th to 20th year]

250.00

125.00

235

6. Notice and publication of non-payment of annual fee

280.00

minimum; approximately 1/8 page

SECTION 3.0. Schedule of Fees on Utility Model and Industrial Design Patents . — The fees provided in this Section shall apply to utility model and industrial design patents.

UTILITY MODEL AND INDUSTRIAL DESIGN

Php

Ref. Code

TYPE OF FEE

Big

Small

1. PRE-EXAMINATION

301

1.1 Filing Fee

2,350.00

1,175.00

302

1.2 For each sheet in excess of thirty (30)

20.00

10.00

303

1.3 For each claim in excess of five (5) utility model

150.00

75.00

304

1.4 For each embodiment in excess of one (1) industrial design

1,105.00

552.50

305

1.5 Request for right of priority

1,105.00

552.50

306

1.6 Divisional Application (for each division)

2,350.00

1,175.00

307

1.7 Conversion From Invention to Utility Model

415.00

207.50

2. EXAMINATION

2.1 Request for

2.1.1 Extension of Time to file Response

308

2.1.1.1 First

450.00

225.00

309

2.1.1.2 Second

500.00

250.00

310

2.1.2 Registrability Report

800.00

400.00

311

2.1.3 Revival

690.00

345.00

312

2.2 Preparation of amended page(s) of the master copy of the specification and/or claims

50.00

per page

3. POST-EXAMINATION

3.1 Issuance of Certificate

313

3.1.1 Registration [Applies only to applications filed before effectivity of these

500.00

250.00

rules]

plus publication fee

314

3.1.2 Amendment or correction to the Registration

280.00

140.00

plus publication fee

3.2 Petition for:

315

3.2.1 Voluntary surrender or cancellation

280.00

140.00

plus publication fee

316

3.2.2 Any amendment or any correction of mistakes in a Registration of formal and clerical nature without fault of Office

280.00

140.00

317

3.2.3 Any amendment or any correction of mistakes in a Registration of substantive nature

555.00

277.50

4. EXTENSION OF TERM (Industrial Design Registration per embodiment)'

4.1 Petition for Extension of Term

318

4.1.1 First

1,380.00

690.00

plus publication fee

319

4.1.2 Second

2,760.00

1,380.00

plus publication fee

SECTION 4.0. Schedule of Patent-related Fees under Republic Act No. 165 . — The rates provided in this Section shall apply to applications filed and granted under Republic Act No. 165 (the former law on patents). The rate of other applicable fees which are not found in this Section shall be based on rates provided in Part III, Sections 1, 2 and 3 of these Rules. In determining the due date of the Annual Fees (Reference Code Nos. 420 through 433), the date of issuance of the patent is the same as the date when the Director of Patents approved and signed the allowance.

FOR APPLICATIONS PROSECUTED UNDER R.A. 165

Php

Ref. Code

TYPE OF FEE

Big

Small

1. PRE-EXAMINATION

401

1.1 For each claim in excess of five (5) in invention

115.00

57.50

402

1.2 For each embodiment in excess of one (1) in design

920.00

460.00

1.3 Claim of convention priority

403

1.3.1 Invention

1,150.00

575.00

404

1.3.2 Utility Model and Design

920.00

460.00

405

1.4 Re-issue application of an invention patent

1,105.00

552.50

1.5 Divisional application (for each division)

406

1.5.1 Invention

2,300.00

1,150.00

407

1.5.2 Utility Model and Design

1,380.00

690.00

408

1.6 For conversion: Invention to Utility Model

345.00

172.50

2. EXAMINATION

2.1 Request for suspension of action

409

2.1.1 Invention

555.00

277.50

410

2.1.2 Utility Model and Design

415.00

207.50

2.2 Interference

415.00

207.50

2.2.1 Motion to:

280.00

140.00

2.2.1.1 Dissolve interference

2.2.1.2 Add party to an interference proceeding

2.2.1.3 Shift burden of proof in an interference proceeding

411

2.2.1.3.1 Invention

690.00

345.00

412

2.2.1.3.2 Utility Model and Design

485.00

242.50

2.2.2. Extension to file appeal briefs in ex-parte cases

413

2.2.2.1 Invention

415.00

207.50

plus publication fee

414

2.2.2.2 Utility Model and Design

280.00

140.00

plus publication fee

3. POST-EXAMINATION

3.1 Issuance of Certificate of Letters Patent

690.00

345.00

plus publication fee

415

3.1.1 Invention

416

3.1.2 Utility Model and Industrial Design

500.00

250.00

plus publication fee

417

3.2 Reinstatement of lapsed invention patent

2,760.00

1,380.00

plus publication fee

4. EXTENSION OF TERM (Utility Model and Industrial Design

4.1 Petition for —

418

4.1.1 1st Extension

1,380.00

690.00

plus publication fee

419

4.1.2. 2nd Extension

2,760.00

1,380.00

plus publication fee

5. ANNUAL FEES

Due and payable at the beginning of the stated year reckoned from the date of issuance of the patent

420

5th year

2,070.00

1,035.00

421

6th year

2,760.00

1,380.00

422

7th year

3,450.00

1,725.00

423

8th year

4,140.00

2,070.00

424

9th year

5,520.00

2,760.00

425

10th year

6,900.00

3,450.00

426

11th year

8,910.00

4,455.00

427

12th year

11,040.00

5,520.00

428

13th year

13,110.00

6,555.00

429

14th year

15,870.00

7,935.00

430

15th year

18,630.00

9,315.00

431

16th year

21,390.00

10,695.00

432

17th year

24,150.00

12,075.00

433

6. Annual fee for each claim in excess of five (5) [5th to 17th year]

250.00

125.00

434

7. Notice and Publication of non-payment of annual fee

280.00

minimum; approximately 1/8 page

SECTION 5.0. Schedule of Trademark-related Fees . — The fees provided in this Section shall apply to trademarks, service marks, tradenames and marked or stamped containers.

TRADEMARK

Php

Ref. Code

TYPE OF FEE

Big

Small

1. PRE-EXAMINATION

501

1.1 Filing Fee (Per Class)

1,660.00

830.00

502

1.2 Claim for Convention Priority

690.00

345.00

503

1.3 Claim of color, Claim of distinctiveness

280.00

140.00

504

1.4 Request for Priority Examination

4,000.00

2,000.00

2. EXAMINATION

2.1 Requests for —

505

2.1.1 Extension of time to file any response (1-60 days)

450.00

225.00

506

2.1.2 Use of an old drawing

280.00

140.00

2.1.3 Divisional Application

507

2.1.3.1 Basic

280.00

140.00

508

2.1.3.2 1st extension

280.00

140.00

509

2.1.3.3 2nd extension

280.00

140.00

510

2.1.4 Revival of Abandoned Application

690.00

345.00

2.1.5 Suspension of action

511

2.1.5.1 By Examiner

555.00

277.50

2.1.5.2 By Director

512

2.1.5.2.1 First

690.00

345.00

513

2.1.5.2.2 Second

2,400.00

1,200.00

514

2.1.6 Conversion of application from Home Registration to "intent to use"

1,200.00

600.00

515

2.1.7 Amendment fee (to correct formalities, etc.)

485.00

242.50

516

2.2. To question correctness of Examiner's action

280.00

140.00

3. REGISTRATION

3.1 Issuance of

517

3.1.1 Original/New/Replacement/ Renewal of Certificate

280.00

140.00

of Registration

plus publication fee

518

3.1.2 Transfer Certificate of Registration

280.00

140.00

3.2 Petition/Request for —

plus publication fee

519

3.2.1 Amendment

485.00

242.50

plus publication fee

520

3.2.2 Correction (Without fault of Office)

485.00

242.50

plus publication fee

521

3.2.3 Voluntary Surrender/Abandonment

280.00

140.00

plus publication fee

522

3.2.4 Voluntary Cancellation

280.00

140.00

plus publication fee

523

3.2.5 Voluntary Disclaimer

280.00

140.00

plus publication fee

524

3.2.6 Division of Registration

280.00

140.00

525

4. RENEWAL OF REGISTRATION

4,140.00

2,070.00

Per Class

5. FILING OF DECLARATION OF ACTUAL USE

5.1 Filed and registered under RA 8293

526

5.1.1 Within 3 years from filing date

1,200.00

600.00

527

5.1.2 Within 1 year from 5th year anniversary

1,380.00

690.00

5.2 Filed under RA 166

528

5.2.1 Within 3 years from December 2, 1968

1.200.00

600.00

Due and payable until

Dec. 1, 2001

5.3 Registered under RA 166 and expiring after June 3, 2004

529

5.3.1 Within 1 year from 5th year anniversary

1,380.00

690.00

530

5.3.2 Within 1 year from 10th year anniversary

2,760.00

1,380.00

531

5.3.3 Within 1 year from 15th anniversary

4,140.00

2,070.00

532

5.4 Use of mark by a related company

1,200.00

600.00

533

5.5 Single extension of time to file Declaration of Use

2,400.00

1,200.00

534

6. ANY OTHER PETITION / MOTION / REQUEST not required by the Office or not specified under this section

500.00

250.00

SECTION 6.0. Schedule of Fees in Inter Partes and Administrative Complaints for violation of laws on intellectual property rights. — The fees provided in this Section shall apply to Inter Partes Cases (Petition for Cancellation of a Mark, Patent, Utility Model, or Industrial Design; Opposition to Registration of a Mark; and Compulsory Licensing) and Administrative Complaints for violation of laws on intellectual property rights. The reduction in rate for small entities shall not apply to Administrative Complaints.

INTER PARTES CASES

Php

Ref. Code

TYPE OF FEE

Big

Small

1. TRADEMARKS

601

1.1 Filing of Opposition (verified or unverified)

5,520.00

2,760.00

602

1.2 Request for copy of unverified opposition

reproduction cost at prevailing rate

603

1.3 Petition for Cancellation

5,520.00

2,760.00

plus publication fee

604

1.4 Motion fee and Surcharge for extension of time to file verified opposition

1,100.00

550.00

For every month of extension

2. PATENTS

2.1 Petition for Compulsory Licensing

605

2.1.1 Invention

8,280.00

4,140.00

plus publication fee

606

2.1.2 Utility Model/Industrial Design

4,140.00

2,070.00

2.2 petition for Cancellation

plus publication fee

607

2.2.1 Invention

8,280.00

4,140.00

608

2.2.2 Utility Model/Industrial Design

5,520.00

2,760.00

Plus publication fee

3. Motion for —

609

3.1 Extension of time to file any pleading

500.00

610

3.2 Extension of time to file appeal brief

500.00

611

3.3 Each postponement in excess of three (3) whether granted or not

1,000.00

612

3.4 Holding proceedings outside IPO premises

1,000.00

613

3.4.1 Cost of holding of proceedings outside IPO

Per diem and other expenses authorized for government employees/officials plus actual cost of hotel accommodation and transportation

614

4. Any other Motion/Manifestation with prayers/ Petition and the like not specified in this section

500.00

615

5. Transcript of Stenographic Notes

20.00 per page

ADMINISTRATIVE COMPLAINTS

Php

Ref. Code

TYPE OF FEE

Big

Small

621

1. Filing of complaint

8,000.00

622

1.1 Additional filing fee

1/10 of 1% of the damages claimed in excess of Five Hundred Thousand Pesos

623

2. Permissive Counterclaim / Cross claim contained in an Answer filed in connection with IPR violation

1,000.00

624

2.1 Additional filing fee

1/10 of 1% of the damages claimed in excess of Five Hundred Thousand Pesos

3. Motion for —

625

3.1 Attachment

2,000.00

626

3.2 Injunction

2,000.00

627

3.3 Issuance of Cease and Desist Order

2,000.00

628

3.4 Issuance of Order of Destruction of Infringing Goods/Services

2,000.00

629

3.5 Amendment of pleading that would increase the amount of damages claimed

1,000.00

630

3.5.1 Additional filing fee

1/10 of 1% of the damages claimed in excess of Five Hundred Thousand Pesos which shall in no case be less than One Thousand Pesos

4. Motion for —

631

4.1 Extension of time to file any pleading

500.00

632

4.2 Extension of time to file appeal brief

500.00

633

4.3 Each postponement in excess of three (3) whether granted or not

1,000.00

634

4.4 Holding of proceedings outside IPO premises

1,000.00

635

4.4.1 Cost of holding of proceedings outside IPO

Per diem and other expenses authorized for government employees/officials plus actual cost of hotel accommodation and transportation

636

5. Any Motion/Manifestation with prayers/Petition and the like not specified in this section

500.00

637

6. Transcript of Stenographic Notes

20.00 per page

PART IV

Final Provisions

SECTION 1. Periodic Review of fees . — The IPO Fee Structure shall be reviewed whenever necessary provided that the rates of the fees herein provided may be increased only once every two years by a maximum of 15% unless a higher rate is required by law, executive order, regulation or other issuance.

SECTION 2. Payments of fees prescribed by the Bureau of Patents, Trademarks and Technology Transfer. — Any type of fee paid prior to the effectivity of these Rules based on the rates prescribed by the former Bureau of Patents, Trademarks and Technology Transfer shall be deemed fully paid provided the payment was made in full on or before the due date.

Any non-payment and/or insufficiency in payment shall be governed by Part II, Section 6 of these Rules (Non-payment or Insufficiency of the amount paid) and shall be assessed and paid based on rates determined in these Rules.

SECTION 3. Extension of time to pay fees due and payable on effectivity of these Rules. —

(a) The payment of any type of fee that is due and payable, on the effectivity of these Rules, pursuant to the IP Code, the IRRs or these Rules, with respect to an application, case or other pending matter or an existing registration, is hereby extended until 30 September 2000 without any surcharge.

(b) Payment with surcharge may be made after 30 September 2000 provided that the same shall be made in full and not later than 30 November 2000, without any further extension.

(c) Part II Section 6 on non-payment or insufficiency of amount paid shall not apply to the payments in this Section.

SECTION 4. Repeals . — All rules and regulations, memoranda, circulars, and memorandum circulars and parts thereof inconsistent with these Rules, particularly the fees and charges prescribed by the former Bureau of Patents, Trademarks and Technology Transfer are hereby repealed.

SECTION 5. Separability . — If any provision in these Rules or application of any provision to any circumstance is held invalid, the remainder of these Rules shall not be affected thereby.

SECTION 6. Furnishing of Certified Copies. — Mr. Eduardo Joson, Records Officer II, is hereby directed to immediately file three (3) certified copies of these Rules with the University of the Philippines Law Center, and, one (1) certified copy each to the Office of the President, the Senate of the Philippines, the House of Representatives, the Supreme Court of the Philippines, and the National Library.

SECTION 7. Effectivity . — These rules and regulations shall take effect immediately.

Adopted: 08 June 2000

(SGD.) EMMA C. FRANCISCO

Director General