What happens if a court finds a patent to be invalid?
If a court determines a patent is invalid during an infringement action, it shall order the patent’s cancellation. This judgment must be recorded in the official register of the Intellectual Property Office. A notice of this cancellation will then be published in the IPO Gazette. This process is mandated by Section 82 Intellectual Property Code of the Philippines. “SEC. 82. Patent Found Invalid May be Cancelled. – In an action for infringement, if the court shall find the patent or any claim to be invalid, it shall cancel the same…” 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/.
