Practice question
A qualifying final court decision declares R entitled to an invention covered by another’s application. R first invokes the special Section 67 options four months after finality, with no tolling or other special basis asserted. R says the period starts only when R decides which option is preferable. Which is correct?
- R controls the start date unilaterally
- The period always starts at patent expiry
- No deadline applies
- The period is ten years
- Section 67.1 measures the three-month option period from finality, so the stated four-month invocation is outside it
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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