Practice question
A court finally declares a researcher the true inventor after a patent was obtained through fraud. The inventor prefers cancellation rather than becoming patentee. The wrongdoer argues the court must keep the fraudulent holder as patentee because cancellation is never available in an ownership case. Which is best?
- The wrongdoer retains the patent regardless of the judgment
- Section 68 expressly permits cancellation at the true inventor's option
- Only the wrongdoer may select the remedy
- Every ownership dispute automatically proves the invention lacks novelty
- The inventor must personally destroy all patent records
Legal references
- RA 8293, Section 68: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
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