May a patentee voluntarily surrender a patent, and what consents are required?
A patentee may voluntarily surrender a patent, but only with the consent of all recorded interest holders. Section 56.1, Intellectual Property Code of the Philippines, provides that the owner, with the consent of all persons having grants, licenses, or other recorded rights in the patent and invention, may surrender the patent or any claim to the Office for cancellation. Section 56.2 allows third parties to oppose the surrender, while Section 56.3 describes that upon acceptance and publication of the surrender, the patent ceases to have effect from that day, without affecting past government?service uses. This ensures that surrender does not prejudice others with recorded rights without their agreement. 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/.
