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Philippine Bar review · Question

Practice question: Cancellation of Patents

Multiple Choice Hard

Practice question

A cancellation order has been appealed, but the Director General has issued no restraint. The patentee insists the appeal itself suspends execution, while a recorded licensee says no notice was required because only the patentee matters. Which is correct?
  1. Both positions are invariably correct.
  2. Both positions conflict with the Code: appeal alone supplies no stay, and recorded license interests fall within Section 63 notice.
  3. Only the licensee decides whether execution is stayed.
  4. Every licensee automatically owns the invention after cancellation.
  5. An appeal eliminates all statutory notice requirements.

Legal references

  • RA 8293, Intellectual Property Code, Sections 61-66, 121-124, 144-146, 165 and 167: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
  • RA 10372, IP Code amendments including appellate jurisdiction: https://lawphil.net/statutes/repacts/ra2013/ra_10372_2013.html

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