Question

Patents: Cancellation Proceedings

Assuming you are representing a client in a cancellation proceeding for a patent, analyze the following scenario:

Your client, a company engaged in the manufacturing of medical devices, holds a patent for a groundbreaking surgical instrument. Another company, XYZ Corporation, files a petition for cancellation of your client's patent, alleging that it is invalid and not entitled to the claimed invention. XYZ Corporation argues that your client's invention lacks novelty and inventive step as it is merely a combination of existing surgical techniques already known in the industry.

As the representing attorney, discuss the key issues involved in the cancellation proceeding and the legal arguments you would present to defend your client's patent. Include the applicable sections of the Philippine Patent Law (Sections 61-66) to support your arguments.