Article 161p. 161

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made after the expiration of two (2) years from the grant

of a patent and the change shall not affect the rights of

any third party which has relied on the patent, as

published.

59.2. No change in the patent shall be permitted under

this section, where the change would result in the

disclosure contained in the patent going beyond the

disclosure contained in the application filed.

59.3. If, and to the extent to which the Office changes the

patent according to this section, it shall publish the same.

(n)

SECTION 60. Form and Publication of Amendment . —

An

amendment

or

correction

of

a

patent shall be

accomplished by a certificate of such amendment or

correction, authenticated by the seal of the Office and

signed by the Director, which certificate shall be attached

to the patent. Notice of such amendment or correction

shall be published in the IPO Gazette and copies of the

patent kept or furnished by the Office shall include a copy

of the certificate of amendment or correction. (Sec. 27,

R.A. No. 165 )

CHAPTER VI Cancellation of Patents and

Substitution of Patentee

SECTION

61.

Cancellation

of

Patents .

—

61.1.

Any

interested person may, upon payment of the required fee,

petition to cancel the patent or any claim thereof, or parts

of the claim, on any of the following grounds:

(a) That what is claimed as the invention is not new or

patentable;

(b) 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

(c) That the patent is contrary to public order or morality.

61.2. Where the grounds for cancellation relate to some of

the claims or parts of the claim, cancellation may be

effected to such extent only. (Secs. 28 and 29, R.A. No.

165a)

SECTION 62. Requirement of the Petition . — The petition

for

cancellation

shall

be

in

writing, verified by the

petitioner or by any person in his behalf who knows the

facts, specify the grounds upon which it is based, include

a statement of the facts to be relied upon, and filed with

the Office. Copies of printed publications or of patents of

other

countries,

and

other

supporting

documents

mentioned in the petition shall be attached thereto,

together with the translation thereof in English, if not in

the English language. (Sec. 30, R.A. No. 165 )

SECTION 63. Notice of Hearing . — Upon filing of a

petition for cancellation, the Director of Legal Affairs shall

forthwith serve notice of the filing thereof upon the

patentee and all persons having grants or licenses, or any

other right, title or interest in and to the patent and the

invention covered thereby, as appears of record in the

Office, and of notice of the date of hearing thereon on

such persons and the petitioner. Notice of the filing of the

petition shall be published in the IPO Gazette. (Sec. 31,

R.A. No. 165a)

SECTION 64. Committee of Three . — In cases involving

highly technical issues, on motion of any party, the

Director of Legal Affairs may order that the petition be

heard and decided by a committee composed of the

Director

of

Legal

Affairs

as

chairman

and

two

(2)

members who have the experience or expertise in the

field of technology to which the patent sought to be

cancelled relates. The decision of the committee shall be

appealable to the Director General. (n)

SECTION 65. Cancellation of the Patent . — 65.1. If the

Committee finds that a case for cancellation has been

proved, it shall order the patent or any specified claim or

claims thereof cancelled.

65.2.

If

the

Committee

finds

that,

taking

into

consideration the amendment made by the patentee

during the cancellation proceedings, the patent and the

invention to which it relates meet the requirement of this

Act, it may decide to maintain the patent as amended:

Provided , That the fee for printing of a new patent is paid

within the time limit prescribed in the Regulations.

65.3. If the fee for the printing of a new patent is not paid

in due time, the patent should be revoked.

65.4. If the patent is amended under Subsection 65.2

hereof, the Bureau shall, at the same time as it publishes

the mention of the cancellation decision, publish the

abstract, representative claims and drawings indicating

clearly what the amendments consist of. (n)

SECTION 66. Effect of Cancellation of Patent or Claim .

— The rights conferred by the patent or any specified

claim or claims cancelled shall terminate. Notice of the

cancellation shall be published in the IPO Gazette. Unless

restrained by the Director General, the decision or order

to cancel by Director of Legal Affairs shall be immediately

executory even pending appeal. (Sec. 32, R.A. No. 165a)

CHAPTER VII Remedies of a Person with a Right

to a Patent

SECTION 67. Patent Application by Persons Not Having

the Right to a Patent . — 67.1. If a person referred to in

Section 29 other than the applicant, is declared by final

court order or decision as having the right to the patent,

such person may, within three (3) months after the

decision has become final:

(a) Prosecute the application as his own application in

place of the applicant;

(b) File a new patent application in respect of the same

invention;

(c) Request that the application be refused; or

(d) Seek cancellation of the patent, if one has already

been issued.

67.2. The provisions of Subsection 38.2 shall apply mutatis

mutandis to a new application filed under Subsection

67.1(b). (n)

SECTION 68. Remedies of the True and Actual Inventor .

— If a person, who was deprived of the patent without his

consent or through fraud is declared by final court order

or decision to be the true and actual inventor, the court

shall order for his substitution as patentee, or at the

option of the true inventor, cancel the patent, and award

actual and other damages in his favor if warranted by the

circumstances. (Sec. 33, R.A. No. 165a)

SECTION 69. Publication of the Court Order . — The court

shall furnish the Office a copy of the order or decision

referred

to

in

Sections

67

and

68,

which

shall be

published in the IPO Gazette within three (3) months

from the date such order or decision became final and

executory, and shall be recorded in the register of the

Office. (n)

SECTION 70. Time to File Action in Court . — The actions

indicated in Sections 67 and 68 shall be filed within one

(1) year from the date of publication made in accordance

with Sections 44 and 51, respectively. (n)

CHAPTER VIII Rights of Patentees and

Infringement of Patents

SECTION 71. Rights Conferred by Patent . — 71.1. A patent

shall confer on its owner the following exclusive rights:

(a) 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 that product;

(b) 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

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