What defenses can a defendant use in an infringement action?
A defendant may argue that the patent or any specific claim within it is invalid. They can use any ground that would justify a petition for cancellation of the patent. These defenses allow the accused to challenge the very basis of the patentee’s rights. This defense mechanism is outlined in Section 81 Intellectual Property Code of the Philippines. “SEC. 81. Defenses in Action for Infringement. – In an action for infringement, the defendant… may show the invalidity of the patent, or any claim thereof, on any of the grounds on which a petition of cancellation can be brought…” January 3, 2026About 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/.
