General grounds for cancellation.
SEC. 28. General grounds for cancellation.—Any person may on payment of the required fee petition the Director within three years from the date of publication of the issue of the patent in the Official Gazette, to cancel the patent or any claim thereof, on any of the following grounds:
(a) That the invention is not new or patentable in accordance with section seven, eight and nine, Chapter II hereof;
(b)That the specification does not comply with the requirement of section fourteen, Chapter III hereof; or
(c) That the person to whom the patent was issued was not the true and actual inventor or did not derive his rights from the true and actual inventor.
When patent may be canceled at any time.
SEC. 29. When patent may be canceled at any time.—A petition to cancel a patent on any of the grounds specified in the next preceding section may be filed at any time by the Solicitor General.
Requirements of the petition.
SEC. 30. Requirements of the petition.—The petition for cancellation must be in writing and verified by the petitioner or by any person on his behalf who knows the facts and shall specify the grounds upon which it is based, and include a statement of the facts to be relied upon. Copies of printed publications or of patents of other countries or other supporting documents mentioned on the petition shall be filed therewith, together with the transaction thereof into English, if not in English language.
Notice and hearing.
SEC. 31. Notice and hearing.—Upon the filing of the petition for cancellation, the Director shall forthwith serve notice of filing thereof upon the patentee and all persons having grants of licenses, or any other right, title of interest in and to the patent and the invention covered thereby, as appears of record of 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 Official Gazette.
Cancellation of the patent.
SEC. 32. Cancellation of the patent.—If the Director finds that a case for cancellation has been made out he shall order the patent or any specified claim or claims thereof canceled. The order shall not become effective until the time for appeal has been elapsed or, if appeal is taken, until the judgment on appeal has been final. When the order of judgment becomes final, any rights conferred upon the patentee by the patent or any specified claim or claims canceled thereby shall terminate. Notice of cancellation shall be published on the Official Gazette.
Cancellation for fraud on the inventor.
SEC. 33. Cancellation for fraud on the inventor.—In the case of the ground specified on paragraph (c), section twenty-eight hereof, if the petition for cancellation is made by or on behalf of the true and actual inventor from who the patentee fraudulently derived the invention and is successful on this ground, a patent may be obtained by such inventor, if he does have the patent, not withstanding any knowledge or use or publication of the patent canceled: Provided, That the true and actual inventor shall file an application for patent for such invention within six months after the order of cancellation has become final. The term of such patent, however, shall expire seventeen years from the date of issue of the patent canceled.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
