Practice question
May an infringement defendant assert patent invalidity under Section 81?
- Never
- Only with the plaintiff’s consent
- Only after admitting every allegation
- Only if the defendant invented something else
- Yes, on a ground on which cancellation can be sought under Section 61
Legal references
- RA 8293, Intellectual Property Code, Sections 67-70, 73 and 76-107, read with RA 9502: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
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