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RA 8293 - Intellectual Property Code of the Philippines

RA 8293 - Intellectual Property Code of the Philippines

RA 8293 - Intellectual Property Code of the Philippines

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25(c) Correct mistakes or errors, o<strong>the</strong>r than those referredto in letter (b), made in good faith: Provided, That where <strong>the</strong>change would result in a broadening <strong>of</strong> <strong>the</strong> extent <strong>of</strong> protectionconferred by <strong>the</strong> patent, no request may be made after <strong>the</strong>expiration <strong>of</strong> two (2) years from <strong>the</strong> grant <strong>of</strong> a patent and <strong>the</strong>change shall not affect <strong>the</strong> rights <strong>of</strong> any third party which hasrelied on <strong>the</strong> patent, as published.59.2. No change in <strong>the</strong> patent shall be permitted underthis section, where <strong>the</strong> change would result in <strong>the</strong> disclosurecontained in <strong>the</strong> patent going beyond <strong>the</strong> disclosure contained in<strong>the</strong> application filed.59.3. If, and to <strong>the</strong> extent to which <strong>the</strong> Office changes<strong>the</strong> patent according to this section, it shall publish <strong>the</strong> same. (n)SEC. 60. Form and Publication <strong>of</strong> Amendment. – Anamendment or correction <strong>of</strong> a patent shall be accomplished by acertificate <strong>of</strong> such amendment or correction, au<strong>the</strong>nticated by<strong>the</strong> seal <strong>of</strong> <strong>the</strong> Office and signed by <strong>the</strong> Director, which certificateshall be attached to <strong>the</strong> patent. Notice <strong>of</strong> such amendment orcorrection shall be published in <strong>the</strong> IPO Gazette and copies <strong>of</strong> <strong>the</strong>patent kept or furnished by <strong>the</strong> Office shall include a copy <strong>of</strong> <strong>the</strong>certificate <strong>of</strong> amendment or correction. (Sec. 27, R.A. 165)CHAPTER VICANCELLATION OF PATENTS ANDSUBSTITUTION OF PATENTEESEC. 61. Cancellation <strong>of</strong> Patents. – 61.1. Any interestedperson may, upon payment <strong>of</strong> <strong>the</strong> required fee, petition to cancel<strong>the</strong> patent or any claim <strong>the</strong>re<strong>of</strong>, or parts <strong>of</strong> <strong>the</strong> claim, on any <strong>of</strong><strong>the</strong> following grounds:(a) That what is claimed as <strong>the</strong> invention is not new orpatentable;(b) That <strong>the</strong> patent does not disclose <strong>the</strong> invention in amanner sufficiently clear and complete for it to be carried out byany person skilled in <strong>the</strong> art; or

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