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Philippine Bar review · Question

Practice question: Cancellation of Patents

Multiple Choice Hard

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?
  1. Section 61.2 permits cancellation limited to the affected claims or parts
  2. The statute recognizes no partial relief
  3. Any defective claim automatically makes every unrelated claim defective
  4. Only the product's sales price decides
  5. 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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