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Philippine Bar review · Question

Practice question: Cancellation of Patents

Multiple Choice Medium

Practice question

In a patent-infringement case, the defendant establishes a ground that could support cancellation under Section 61. Can that invalidity be raised as a defense?
  1. Never, grant makes validity unchallengeable
  2. Only after paying the plaintiff every demanded royalty
  3. Only if the defendant is an inventor
  4. Only a private arbitrator may consider it
  5. Yes, Section 81 expressly permits the identified invalidity defense

Legal references

  • RA 8293, Sections 81-82: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html

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