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Philippine Bar review · Question

Practice question: Cancellation of Patents

Multiple Choice Medium

Practice question

During cancellation proceedings, a patentee amends the patent so that the patent and invention meet the Code's requirements. What disposition may Section 65.2 permit, subject to timely printing fees?
  1. Mandatory cancellation regardless of the curing amendment.
  2. Automatic extension of the patent for fifty years.
  3. Conversion into a trademark without application.
  4. Maintaining the patent as amended.
  5. A criminal conviction merely because an amendment was proposed.

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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