Is non?compliance with unity of invention a ground to cancel a granted patent?
Non?compliance with unity of invention is not, by itself, a ground to cancel a granted patent. Section 38.3, Intellectual Property Code of the Philippines, expressly states that the fact that a patent was granted on an application that did not comply with unity of invention shall not be a ground to cancel the patent. This means that unity is mainly an examination and procedural requirement rather than a post?grant validity ground. Cancellation must instead rely on substantive grounds like lack of novelty, non?patentability, insufficient disclosure, or public order or morality issues. 21-Dec-25About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
