A practice manual for Philippine patent annuities. Of all overseas maintenance work, the Philippines is the jurisdiction most often missed by Korean firms, for two reasons: the anchor is the publication date, which puts it on a different axis from everywhere else, and fees fall due before grant — miss one and the application itself dies.
1. At a glance
- System type
- Annual annuities
- Anchor date
- Publication date Not the filing or registration date — almost unique worldwide
- First fee
- From the 4th anniversary of publication Charged while the application is still pending
- If unpaid
- The application is deemed withdrawn
- Payment window
- 3 months before the due date
- Grace period
- 6 months + 50%
- Restoration
- None — the grace period is all there is
- Reduction
- Small entity, roughly 50%
- Risk level
- High
2. Anchor date and due-date calculation
The anchor is the publication date — neither the filing date nor the registration date. For PCT cases it is the international publication date. The 5th-year annuity falls due at the 4th anniversary of publication and annually thereafter. The payment window opens three months before the due date.
Worked example
For a case published on 2021-12-20 the due dates are as follows.
| Instalment | Formula | Due date |
|---|---|---|
| Year 5 | Publication + 4 years | 2025-12-20 |
| Year 6 | Publication + 5 years | 2026-12-20 |
| Year 7 | Publication + 6 years | 2027-12-20 |
| … | Same each year | … |
3. When payments begin
- The 5th-year annuity falls due at the 4th anniversary of publication.
- This is independent of grant: payment is required even where examination is still running.
- For PCT cases the reference is the 4th anniversary of international publication.
- The payment window opens three months before the due date.
4. Grace period and surcharge
| Item | Detail |
|---|---|
| Grace period | 6 months from the due date |
| Surcharge | 50% |
| If unpaid | Application deemed withdrawn, or the patent lapses |
5. Lapse and restoration
6. Reduction — small entity
An entity with total assets of PHP 100 million or less qualifies as a small entity and pays roughly half the fee.
7. Official fees
The table below follows the 2017 fee structure (PHP, small / big).
| Instalment | Small | Big |
|---|---|---|
| Year 5 | 1,550 | 3,240 |
| Year 10 | 5,170 | 10,800 |
| Year 15 | 13,970 | 29,160 |
| Year 19 | 26,040 | 54,360 |
| Year 20 | Not confirmed | 65,160 |
8. Term extension
Term extension in the Philippines has not been researched. If extension becomes relevant on a pharmaceutical case, confirm against IPOPHL material with local agent input. What is certain is that the publication-date anchor above applies regardless.
9. Management checklist
Fields to populate first
- The publication date — the international publication date for PCT cases. Without it no deadline can be calculated.
- Whether the case is pending or granted. The obligation is the same either way, but non-payment while pending loses the application.
- Entity status of every owner. One big owner makes the case big.
- A registered Philippine agent, which the procedure requires.
Payment cycle
- Set the 4th anniversary of publication as the first deadline and ensure it alerts even while the case is pending.
- The payment window opens three months before the due date; complete client confirmation before then.
- Confirm entity status to set the rate, checking every owner on jointly owned cases.
- Pay through the local agent.
- For cases in the grace period, add the 50% surcharge and make clear to the client that there is no restoration beyond six months.
Easily confused points
- The anchor is the publication date. Calculating from the filing or registration date is out by years.
- Deadlines arrive before grant. 'Start annuity management once it is granted' does not work here.
- The consequence of non-payment may be withdrawal of the application rather than lapse of a patent.
- There is no restoration, so the grace period cannot be treated as slack.
Sources, cut-off date and disclaimer
This manual is based on iphere's August 2026 survey of country-by-country overseas maintenance rules, together with values produced by the deadline engine that runs on those same rules. Official fees and deadline rules change by office notice, so please confirm against the official source and your local agent before any actual payment or filing.