Practice question
An interested petitioner establishes a novelty defect only in claims 1 and 2 of a five-claim patent. The other claims are stipulated unaffected by the established ground. The patent holder insists the law allows only complete cancellation or complete dismissal. Which is correct?
- Section 61.2 permits cancellation limited to the affected claims or parts
- The statute recognizes no partial relief
- Any defective claim automatically makes every unrelated claim defective
- Only the product's sales price decides
- The petitioner must become the patentee before challenging any claim
Legal references
- RA 8293, Section 61.2: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
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