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Philippine Bar review · Question

Practice question: Cancellation of Patents

Multiple Choice Medium

Practice question

A patent is maintained as amended under Section 65.2, but the patentee fails to pay the new-patent printing fee within the prescribed time. What consequence does Section 65.3 specify?
  1. The fee is permanently waived automatically.
  2. The patent term necessarily doubles.
  3. The unpaid fee invalidates every unrelated patent.
  4. The petitioner must pay the fee as damages.
  5. The patent should be revoked.

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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