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Philippine Bar review · Question

Practice question: Cancellation of Patents

Multiple Choice Easy

Practice question

Under Section 66, does an appeal alone automatically stay the Director of Legal Affairs' patent-cancellation order?
  1. Yes; every appeal automatically reinstates all patent rights.
  2. Yes; a newspaper announcement always suspends execution.
  3. No; it is immediately executory pending appeal unless restrained by the Director General.
  4. No; because the Code prohibits every appeal.
  5. Yes; only the petitioner may permit execution.

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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