New Guidelines for the Newest Technology: On Patenting AI Tech

Entering a New Tech Era

AI Patenting, when it comes to Artificial Intelligence, or AI, the Philippines refuses to be left behind. On January 26, 2026, a Memorandum of Understanding between the Department of Information and Communications Technology (DICT) and the Intellectual Property of the Philippines (IPOPHL) was signed, officially signaling that the country is ready to be a global contender when it comes to developing AI technologies and legally protecting them.

Meanwhile, IPOPHL has been embracing technology on its own for quite some time. Rising up to the ranks to stand beside Japan and Benelux, IPOPHL was recently recognized by the World Trademark Review as the 3rd Most Innovative IP Office in the World in 2026. This leap in ranking reflects their commitment to digitizing the patent process and training their examiners to handle high-tech filings.

Given this landscape, it is clear that there is now an infrastructure built for innovators to secure legal protection for their advanced AI inventions. But first, an understanding of what can be patented must be established.

The IPOPHL AI Patenting Guidelines, Briefly

The Examination Guidelines of Inventions, Utility Model, and Industrial Design Applications Relating to Artificial Intelligence (or the AI Guidelines) published by IPOPHL clarify what can be patented. To briefly discuss the most important points:

· The “Technical Solution” Requirement – IPOPHL examiners will look for a technical solution to a technical problem. You cannot patent an algorithm, but you can patent the system that uses that algorithm.

· Human Inventors Only – Philippine legal consensus holds that only juridical personalities can be awarded patents. Authorship still belongs to the human who guided the AI.

· Core AI vs. Applied AI – The 2026 AI Patenting Guidelines distinguish between two types of AI inventions: Core AI and Applied AI. The former makes improvements to the AI itself while the latter uses existing AI for specific tasks.

· The Enablement Requirement – While inventors might shy away from revealing the inner workings of their technology, they are still required to provide enough details of their AI model if they wish to be granted a patent by IPOPHL.

The Benefits of Patenting Your AI Tech

The Age of Information has opened up the Era of AI. We are now living in a time when AI tools are accessible to both highly advanced developers and laymen merely looking to edit their selfies. In 2026, it is more important than ever to build a moat around your applied AI technology and protect it from being replicated without your permission. Patented technologies enjoy 20 years of protection in a market that is rapidly growing. Besides the legal protection afforded by the patent, it is also important to remember that having a patent is akin to having an asset that can attract

venture capitalists to invest in your startup. No one can use your technology without paying for its license, giving you an edge in the eyes of investors. Lastly, while some innovators might want to hold onto the blueprint of their technology with a tight fist, keeping the mechanics of their technology a secret holds the risk of being reverse engineered or discovered independently by others who might beat you to a patent. The best time to act is now.

Secure Your Patent, Secure Your Place in the AI Economy

With the recent signing of the 2026 MOU between the DICT and IPOPHL, IPOPHL examiners now have a direct line to the DICT, ensuring full capability in handling highly advanced AI technologies. Various AI-powered tech developed by local institutions, like the University of the Philippines Diliman, now enjoy patent status. Yours should too. The landscape is favorable for those who act early. The patent department of boutique IP law firm J. Ponce Law possesses the technical expertise and legal precision required to draft patent applications that clearly define the mechanics of your technology without giving too much away. Audit your AI portfolio and prepare for filing. You can reach us at patent@poncelaw.com.ph. You can also check our social media page https://web.facebook.com/JPonceIPLaw.