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Philippine Bar review · Question

Practice question: Cancellation of Patents

Multiple Choice Hard

Practice question

A patentee argues that IPO grant conclusively proves validity forever and that a petition cannot challenge a patent contrary to public order or morality. An interested petitioner identifies that statutory ground and supports it through the required process. Which is best?
  1. Grant eliminates every statutory cancellation ground
  2. Section 61 expressly provides the public-order-or-morality ground; grant does not abolish cancellation
  3. A petitioner can cancel any patent simply by disliking it
  4. Every complaint automatically terminates patent rights on filing
  5. Only the patentee can interpret the Code

Legal references

  • RA 8293, Section 61.1(c): https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html

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