Philippines: Rules on inter partes proceedings are amended

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Philippines: Rules on inter partes proceedings are amended

Sponsored by

hechanova-400px.png
new-rules-min-final.jpg

The Intellectual Property Office of the Philippines (IPOPHL) has just issued Memorandum Circular No. 2019-024 entitled Amendments to the Rules and Regulations on Inter Partes Proceedings, which will take effect on February 15 2020. Its objective is to provide speedy, quality and effective legal remedies to resolve IP disputes. The major amendments are as follows:

Modes of service

Added to the current modes of service which are by registered mail and personally, is courier services. This will apply to filings done by the parties as well as delivery of decisions, final orders and other processes as issued by the IPOPHL.

Refusal to receive notices

If a party refuses to receive the notice to answer or other orders, or has moved out of the address without informing the Bureau of Legal Affairs (Bureau) of its new address, the Bureau shall post the notice or orders on the IPOPHL website, and the compliance of the concerned party shall be presumed from the date of such a posting.

Filing requirements for oppositions and cancellations

Aside from submitting the opposition or petition in writing, this submission must be accompanied by word files of all pleadings together with the pdf files of all supporting documents as stored in a flash drive. For failure to comply with this requirement, the Bureau can reject it within 15 days from receipt and the concerned party shall be given five days to cure said defect.

Apostilled documents

Documents executed outside the Philippines must be apostilled or authenticated by the Philippine Consulate Office.

Assignment of cases

If the respondent is in default, or the case is not resolved through ADR, the Bureau director or in his absence the assistant director shall assign or raffle the case to the adjudication officer.

Authority given to assistant BLA director

The amended rules specifically provide authority to the assistant BLA director to dismiss cases arising from failure of the concerned party to complete or cure defects, such as failure to attach to the opposition or petition the originals of the following documents: verification, certification of non-forum shopping, power of attorney. However, this dismissal can be appealed to the director.

Editha R Hechanova

more from across site and SHARED ros bottom lb

More from across our site

Deals between five more law firms and President Trump and an antitrust lawsuit against Amgen were also among the top talking points this week
US counsel explain how they win new cleantech IP business and how they’re navigating the industry’s challenges
Leaders at the IP firms, which have joined forces with backing from a PE investor, share their vision of building the number one pan-European IP practice
Firms will steer clients towards other ways of getting quicker examinations, but fear the ramifications of the USPTO’s decision
Melissa Haapala added that returning to client advocacy and the chance to work on patent litigation were reasons for returning to private practice
Michelle Clark, who has a generalist litigation background, plans to focus on IP disputes at Alston & Bird
Philips and Vivo have entered into a licensing agreement, putting an end to a five-year-old telecom SEP dispute in India
Stefan Müller discusses managing deadlines, the importance of reflection, and why IP is more than just a 'nice to have'
The three founders of the IP firm’s new US offering say they plan to offer a unique proposition in a market fixated by the billable hour
The opinion provides useful guidance when it comes to how courts might consider contributory infringement, DMCA claims, and other issues in AI copyright cases
Gift this article