CANCELLATION OF PATENT

Aside from cancellation of patent, read also: SHOULD A PATENT APPLICATION BE PUBLISHED?

• A patent may be cancelled by filing a petition

• An amendment may be made during cancellation proceedings

• The rights conferred by the patent or any specified claim or claims cancelled shall be terminated

Morality is also being taken into consideration by law when it comes to cancelling patents.

This is shown by the grounds for cancellation of patents. What are the grounds for cancellation of patents?

The law says:

Any interested party may file a petition to cancel the patent or any claim of the patent, or parts of the claim, on any of the following grounds:

1. That what is claimed as the invention is not new or patentable;
2. That the patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by any person skilled in the art; or
3. That the patent is contrary to public order or morality.

However, where the grounds for the cancellation relate to some of the claims or parts of the claim, cancellation may be effected to such extent only. If the case for cancellation has been proved, the patent or any specified claim or claims shall be cancelled. Take note that an amendment is allowed, thus, may be made by the patentee during the cancellation proceedings.

Upon cancellation, the rights conferred by the patent shall be terminated. What are the rights conferred by the patent?

The law says:

A patent shall confer on its owner the following exclusive rights:

1. Where the subject matter of a patent is a product, to restrain, prohibit and prevent any unauthorized person or entity from making, using, offering for sale, selling or importing such product;
2. Where the subject matter of a patent is a process, to restrain, prevent or prohibit any unauthorized person or entity from using the process, and from manufacturing, dealing in, using, selling or offering for sale, or importing any product obtained direct or indirectly from such process.

However, even if without his authorization, the owner of the patent has no right to prevent other persons from performing the acts referred to above in the following circumstances:

1. Using a patented product which has been put on the market insofar as such use is performed after that product has been so put on the said market;
2. Where the act is done privately and on a non-commercial scale or for a non-commercial purpose as long as it does not significantly prejudice the economic interests of the owner of the patent;
3. Where the act consists of making or using exclusively for the purpose of experiments that relate to the subject matter of the patented invention;
4. Where the act consists of the preparation for individual cases of a medicine in accordance with a medical prescription or acts concerning the medicine so prepared;
5. Where the invention is exclusively used in and for the needs of any ship, vessel, aircraft, or land vehicle of any other country temporarily or accidentally entering the territory of the Philippines.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

All rights reserved.

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