Practice question
Neri obtains a final court decision declaring his right to an invention covered by another's application. He acts within one month of finality and files a new application for the same invention, invoking Section 67. The defeated applicant says the only permitted remedy is to continue the old application. Which is best?
- Section 67 expressly allows a new application, subject to its applicable statutory treatment
- Only continuing the old application is ever allowed
- The final decision gives a patent for every later invention
- The old applicant may veto every statutory option
- Filing a new application automatically cancels every unrelated patent
Legal references
- RA 8293, Section 67.1(b) and 67.2: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
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