IPOPHL issues new rules to recognize patent and trademark agents and lawyers

The Intellectual Property Office the Philippines (IPOPHL) recently announced new regulations to recognize intellectual property (IP) agents and attorneys, aiming to ensure the credibility and competency of individuals providing IP services.

Taking effect last August 22, 2024, the Office’s Memorandum Circulars 12 and 13 introduces a formal recognition system for patent and trademark agents and attorneys, respectively.

The guidelines set the standards for the recognition’s qualifications, application procedures, training, fees, grounds for revocation, cancellation and renewal. The new rules require agents and attorneys to fulfill certain documentary requirements, complete requisite training and pass a qualifying examination to become recognized patent and trademark agents and attorneys.

Recognition Boards comprising five members will also be formed to oversee the implementation of the system.

The recognition is mandatory for non-lawyers who are providing patent and trademark services to IP owners. In contrast, the recognition is voluntary for lawyers.

The names of recognized agents and lawyers will be posted and regularly updated on the IPOPHL website. The recognition is valid for three years and is subject for renewal.

Recognition may be taken away from any representative if they no longer meet the required standards, are convicted of offenses involving dishonesty or violations under the IP Code of the Philippines, breach their fiduciary duties, engage in improper conduct or gross negligence as determined by the Recognition Boards, fail to adhere to ethical standards, lose legal capacity or die.

To allow agents to adapt smoothly to the new rules, IPOPHL has given patent representatives 24 months and trademark representatives 18 months from the August 2024 effectivity date of the circulars as transition periods.

“The new system will allow IPOPHL to officially recognize professionals who provide patent and trademark services to creators, innovators, entrepreneurs and related stakeholders,” IPOPHL Director General Rowel S. Barba said, adding that the scope of service will include legal representation in administrative cases and mediation proceedings.

“Overall, this will strengthen the IP profession as it sets standards that make for satisfactory and quality IP services,” Barba added, noting the new rules will also help the public differentiate legitimate IP professionals from possible fraudulent operators.

Barba encouraged future applicants to seek the assistance of recognized patent agents and attorneys to ensure they only engage with reputable individuals who possess competence and experience in the field of IP.

For questions and clarifications, the public could reach out to the IP Academy via email at ipacademy@ipophil.gov.ph or through its Facebook page. (Janina Lim/IPOPHL)