8. Cancellation of Patents

Grounds for cancellation of a patent

Any interested person may, upon payment of the required fee, petition to cancel the patent or any claim thereof, or parts of the claim, on any of the following grounds:

• That what is claimed as the invention is not new or patentable;
• That the patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by any person skilled in the art; or
• That the patent is contrary to public order or morality [Sec. 61.1, RA 8293].¹

Where the grounds for cancellation relate to some of the claims or parts of the claim, cancellation may be effected to such extent only [Sec. 61.2, RA 8293].²

Effect of Cancellation of Patent or Claim

The rights conferred by the patent or any specified claim or claims canceled shall terminate.

Notice of the cancellation shall be published in the IPO Gazette. Unless restrained by the Director General, the decision or order to cancel by Director of Legal Affairs shall be immediately executory even pending appeal [Sec. 66, RA 8293]³.