Preface

In the wave of global intellectual property protection, the patent systems of various countries are like unique puzzle pieces, jointly building a global framework for innovation protection. Today, we focus on the Philippines and delve into its patent invalidation system, providing key institutional guidance for businesses and individuals conducting business or patent layout in the Philippines.

1、 Initiation of Patent Invalidation Procedure

（1） Initiate the main body

Stakeholders:In the Philippines, after a patent is granted, if either party believes that the existence of the patent damages their legitimate rights and interests, they can initiate invalidation proceedings as an interested party. In common market competition, if a competitor discovers that a patent may hinder the market expansion of their own product and there is suspicion that the patent does not meet the authorization conditions, the competitor is qualified to file a patent invalidation request with the relevant agency. For example, Company A launched a new electronic product, but was sued by Company B for infringing on its patent rights. After investigation and analysis, Company A believed that Company B's patent lacked novelty and could initiate an invalidation challenge against Company B's patent as an interested party.

Personnel related to official institutions:If the examiner of the Philippine Intellectual Property Office (IPO) finds serious problems with the authorized patent that do not comply with the legal provisions of patent authorization in subsequent work, they also have the right to initiate patent invalidation procedures. With professional examination experience and knowledge, examiners can keenly detect defects that may be overlooked during the patent authorization process, such as missing or incorrect key information in patent application documents, thereby maintaining the rigor and fairness of patent authorization.

（2） Start time

For invention patents and utility model patents, at any time after authorization, interested parties or relevant personnel of official institutions may make invalidation requests. Design patents, on the other hand, are relatively special and usually require invalidation requests to be filed within a certain period of time (such as 5 years, according to Philippine law) after the authorization announcement. After this period, unless there are special circumstances, invalidation applications are generally not accepted. This time limit not only ensures the stability of design patents within a certain period of time, but also provides stakeholders with a reasonable time window to challenge potentially problematic patents.

2、 Reasons for Patent Invalidity

（1） Lack of novelty

If a patented technology has been publicly used domestically or internationally, published in publications, or otherwise known to the public before the application date, then the patent loses its novelty. For example, before applying for a new mechanical manufacturing technology patent, a company has already published the technology in an international industry journal, detailing the technical principles and implementation methods. Subsequently, the company's patent application may be declared invalid due to lack of novelty.

（2） Not patentable

Invention must meet patent requirements such as industrial applicability and non obviousness, and cannot fall within the scope of non patentable subject matter. Scientific principles, abstract concepts, etc. are usually not granted patent rights. If a patent application is essentially a new mathematical algorithm that belongs to the rules and methods of intellectual activity and does not meet the requirements of the patent authorization object, it will inevitably be deemed invalid due to lack of patentability.

（3） Failure to meet formal requirements

Patent applications must strictly follow the procedural requirements of IPO regulations, including correct application document formats, complete submission of application materials, and timely payment of relevant fees. If key application documents are omitted during the application process, such as failure to submit necessary technical drawings or failure to pay application fees on time, even if the patent has been granted, it may be revoked due to failure to meet formal requirements.

（4） Fraud or false statements

If the patent applicant intentionally conceals important information, provides false data, or engages in other fraudulent activities during the application process to obtain patent authorization, once verified, the patent will be declared invalid. For example, in a drug patent application, if the applicant intentionally alters experimental data and exaggerates the efficacy of the drug, such fraudulent behavior will inevitably render the patent invalid once discovered.

（5） Public interest considerations

In certain special circumstances, if the implementation of a patent seriously harms the public interest, such as when a patented technology is used to produce a product that seriously endangers public health, based on considerations of public policy and public interest, the patent may be declared invalid. This reflects the important principle of balancing public interests while protecting innovation in the patent system.

3、 The specific process steps of patent invalidation procedure

（1） Step 1: Submit invalid requests and materials

The requester (interested party or official personnel) shall submit a written request for invalidation to the Legal Affairs Office (BLA) of the Philippine Intellectual Property Office. The content of the request letter should be detailed, including the requester's detailed identity information (name, address, contact information, etc.); Complete information of the requested invalid patent, such as patent number, patent owner name, patent authorization announcement date, etc; Clearly, accurately, and systematically state the reasons for invalidity, and make sure to clearly indicate the specific provisions of Philippine patent law that the patent violates; At the same time, various types of evidence supporting the invalidity reasons should be attached, with no restrictions on the form of evidence, such as technical literature, product sales records, experimental reports, etc., but must have authenticity, relevance, and legality. In addition, corresponding invalid request fees must be paid according to regulations. Requests that are not paid in full and on time will not be accepted.

（2） Step 2: IPO Form Review and Acceptance

After receiving invalid request materials, BLA will conduct a formal review within a specified time frame (usually 15-30 working days). The focus of the review is on the completeness, format compliance, and payment status of the requested materials. If the materials are complete, the format is correct, and the fees have been paid, BLA will send a "Notice of Acceptance" to the requester and the patentee respectively, and deliver the invalidation request and evidence copy to the patentee, officially starting the invalidation review process. If there are any problems with the materials, BLA will issue a "Notice of Correction", requiring the requester to make corrections within a limited time (usually one month). If the correction is not made within the deadline or still does not meet the requirements after correction, the request will be rejected.

（3） Step 3: Patent holder's defense and evidence exchange

The patentee is required to submit a "defense statement" within a certain period of time (usually 30 natural days) after receiving the "acceptance notice" and related materials. In the defense statement, the patentee should refute each reason for the invalidity request, state the basis for the validity of the patent, and may submit new evidence to support the validity of the patent, such as research and development records of the patented technology, technical improvement explanations, etc. After the defense period ends, BLA will organize an exchange of evidence between both parties. Deliver the defense statement and evidence copy of the patentee to the requester. The requester may submit supplementary evidence or rebuttal opinions on the defense content within 15 working days after receiving them. If the case is complex and there is a lot of evidence from both parties, BLA may extend the evidence exchange period by 1-2 times according to the actual situation to ensure that both parties fully understand each other's claims and evidence, and safeguard the fairness of the trial.

（4） Step 4: Determine the hearing method (written hearing or public hearing)

Based on the complexity of the case and the focus of the dispute, BLA will determine the appropriate trial method.

Written review:For cases where the facts are clear, the evidence is conclusive, and there is relatively little dispute between the two parties, such as when a patent is requested to be invalidated due to obvious lack of novelty or simple formal defects, BLA usually adopts a written review method. In this way, BLA only conducts review based on the written materials submitted by both parties, without the need to organize oral arguments between the two parties. The review period is relatively short, usually 3-6 months.

Hearing review:When the case involves complex technical issues, significant differences in the understanding and acceptance of evidence between both parties, or significant disputes over the validity of patents, BLA will organize a hearing. The hearing will notify both parties of the specific time, location, and attendance requirements one month in advance. Both parties may entrust professional patent lawyers and technical experts to attend. At the hearing, both parties have the opportunity to present their views in person, cross examine each other's evidence, and answer questions from BLA judges. The adjudicators are mostly personnel with dual professional backgrounds in law and technology, who will conduct in-depth inquiries on key technical details and legal application issues. The hearing generally lasts for 1-3 working days, and both parties need to submit a "Summary of Hearing Opinions" within 7 working days after the hearing, further elaborating on the viewpoints that were not fully expressed during the hearing.

（5） Step 5: BLA substantive review and ruling

Whether it is a written review or a hearing review, BLA will enter a rigorous substantive examination stage. During the review process, BLA will focus on analyzing whether the reasons for invalidity comply with the provisions of the Philippine Patent Law, and make strict judgments on the authenticity, relevance, and probative value of the evidence submitted by both parties, such as verifying whether the publication time of the technical literature is earlier than the patent application date, and whether the experimental data is reproducible; At the same time, a comprehensive examination will be conducted to determine whether the patented technology meets the substantive requirements for authorization, such as novelty, creativity, and industrial practicality. The substantive examination cycle is usually 6-12 months, and for particularly complex cases, it can be extended to 18 months through legal procedures. After the review is completed, BLA will issue an "Invalid Trial Decision" and deliver it to both parties within 10 working days. The decision letter will clearly record the facts ascertained during the trial, the determination of the reasons for invalidity (support or rejection), the final ruling (the patent is completely invalid, partially invalid, or maintained valid), as well as the subsequent remedies and deadlines for those who are dissatisfied with the ruling.

（6） Step 6: Effectiveness of the ruling and remedies (appeal to court)

The ruling takes effect:If neither party files an appeal within 30 natural days from the date of delivery of the "Invalid Trial Decision", the ruling will officially take effect. If the patent is declared invalid, BLA will announce the invalidity result on its official website and relevant channels, and the patent shall be deemed non-existent from the date of authorization; If the patent remains valid, the patentee may continue to exercise the patent right in accordance with the law.

Judicial relief:If the applicant or patentee is dissatisfied with the ruling of BLA, they may appeal to the appellate court in the Philippines within the prescribed time limit. The appellate court will conduct a comprehensive review of the case, including factual findings and legal application. Both parties may submit new evidence and restate their views during the appeal process. If the parties are still dissatisfied with the first instance judgment of the appellate court, they may also appeal to the Supreme Court of the Philippines within 15 natural days from the date of service of the judgment. The judgment of the Supreme Court is the final judgment and has the final legal effect.

4、 Trial of Patent Invalidation Procedure

（1） Trial institution

Patent invalidation cases in the Philippines are mainly handled by the Legal Affairs Office (BLA) of the Intellectual Property Office. As a professional intellectual property case adjudication institution, BLA's members have rich legal knowledge and professional technical background, and can comprehensively consider the legal and technical issues in patent invalidation cases, ensuring the professionalism and fairness of the adjudication results. During the trial process, BLA strictly followed the Philippine Intellectual Property Code and relevant laws and regulations, followed legal procedures, and conducted a comprehensive and detailed examination of invalid requests.

（2） Trial method

As mentioned earlier, BLA adopts two methods: written review and hearing review. Written review is efficient and convenient, suitable for simple cases; The hearing provides both parties with ample opportunities for statements and arguments, which helps to uncover the truth in complex cases. Regardless of the method used, BLA is committed to safeguarding the legitimate rights and interests of both parties, ensuring that the trial process is open, fair, and just.

（3） Rules of Evidence

In the process of patent invalidation, evidence is the key factor determining the direction of the case. The requester bears the burden of proof and needs to provide sufficient and effective evidence to support their claim of invalidity. The types of evidence are diverse, including but not limited to written documents, physical evidence, witness testimony, etc. At the same time, in order to prevent the loss or difficulty in obtaining evidence in the future, the parties may apply for evidence preservation under the prescribed procedures. For example, if the requester discovers that key physical evidence that can prove the lack of novelty of the patent may be transferred or destroyed, they can promptly apply to BLA for evidence preservation, and BLA will take measures to fix and preserve the evidence. In terms of evidence submission, the parties must strictly comply with the time limit stipulated by BLA. Evidence submitted after the deadline may not be accepted unless there are reasonable reasons and recognized by BLA. In the evidence cross examination stage, both parties may question and debate the authenticity, relevance, and legality of each other's evidence. BLA will comprehensively judge the probative value of the evidence based on the cross examination situation.

5、 The Results and Remedies of Patent Invalidation Procedure

（1） Result

Patent invalidity:If BLA determines that the patent has invalid reasons after review, it will make a decision to invalidate the patent. Once a patent is declared invalid, it shall cease to have legal effect from the date of authorization. For example, after a patent is declared invalid, an infringement lawsuit based on the patent will undergo fundamental changes due to the absence of the patent basis, and the accused infringer will no longer be liable for infringement.

Patents remain valid:If BLA considers that the invalidity reasons raised by the petitioner are not valid, it will make a decision to maintain the validity of the patent. At this point, the patentee may continue to exercise their patent rights, prohibit others from implementing the patented technology without permission, and may demand that the infringing party bear corresponding infringement liability.

（2） Relief channels

As mentioned earlier, parties who are dissatisfied with the invalidity decision of BLA can seek relief by appealing to the appellate court or even the Supreme Court. This multi-level judicial remedy provides sufficient opportunities for parties to appeal, ensuring the fairness and acceptability of the trial results of patent invalidation cases, and ensuring that the legitimate rights and interests of parties are protected to the greatest extent possible.

6、 Inspiration for Enterprises

（1） Ensure quality when applying for patents in the Philippines

Before applying for a patent in the Philippines, companies must conduct a comprehensive and in-depth patent search and analysis to accurately evaluate the novelty and creativity of their inventions and creations. When writing application documents, strictly follow the requirements of Philippine patent law, disclose technical solutions in detail and clearly, and avoid the risk of invalidation in the future due to defects in the application documents. At the same time, in the process of patent application, if it is necessary to modify the application documents, it is necessary to ensure that the modified content does not exceed the scope of the original application documents and strictly follow the relevant procedural regulations.

（2） Actively respond to invalid requests

When a company's patent is invalidated by others in the Philippines, it should be highly valued and a professional team should be quickly organized, including experienced patent lawyers, experts familiar with technical details, etc. The team needs to conduct a thorough analysis of the reasons and evidence for invalid requests and develop reasonable and effective response strategies. Make full use of procedures such as hearings to clearly and effectively explain the validity and value of patents, submit key evidence that can prove the validity of patents, and actively safeguard one's own patent rights. If you are dissatisfied with BLA's decision, you should promptly appeal to the appellate court through legal means and seek further relief.

（3） Using invalid programs to protect one's own rights and interests

In market competition, if a company discovers that its competitors' patents may have problems that affect its own market development and innovation space, it can consider using the Philippine patent invalidation procedure reasonably to file an invalidation request against the competitors' patents. By using ineffective procedures, breaking down competitors' unreasonable patent barriers and creating a more favorable market environment for our own development. But before initiating an invalid program, the enterprise must conduct sufficient investigation and analysis to ensure that there are sufficient reasons and conclusive evidence to support the invalid request, and avoid blindly initiating an invalid program and wasting resources.

The patent invalidation system in the Philippines is an important component of its intellectual property protection system. Through rigorous program design, reasonable invalidation reasons, and effective remedies, it aims to maintain the quality of patent authorization, ensure fair competition in the market, and stimulate innovation vitality. For enterprises and individuals conducting business or patent layout in the Philippines, a deep understanding of this system is of great significance, whether in patent applications, rights protection, or responding to competitive challenges, which cannot be ignored.