Chapter VII

REMEDIES OF A PERSON WITH A RIGHT TO A PATENT

Sec. 67. Patent Application by Persons Not Having the Right to a Patent

       67.1. If a person referred to in Section 29 other than the applicant, is declared by final court order or decision as having the right to the patent, such person may, within three (3) months after the decision has become final: 

            (a) Prosecute the application as his own application in place of the applicant; 
            (b) File a new patent application in respect of the same invention; 
            (c) Request that the application be refused; or 
            (d) Seek cancellation of the patent, if one has already been issued. 

       67.2. The provisions of Subsection 38.2 shall apply mutatis mutandis to a new application filed under Subsection 67.1(b). (n) 

Sec. 68. Remedies of the True and Actual Inventor

       If a person, who was deprived of the patent without his consent or through fraud is declared by final court order or decision to be the true and actual inventor, the court shall order for his substitution as patentee, or at the option of the true inventor, cancel the patent, and award actual and other damages in his favor if warranted by the circumstances. (Sec. 33, R.A. No. 165a) 

Sec. 69. Publication of the Court Order

       The court shall furnish the Office a copy of the order or decision referred to in Sections 67 and 68, which shall be published in the IPO Gazette within three (3) months from the date such order or decision became final and executory, and shall be recorded in the register of the Office. (n) 

Sec. 70. Time to File Action in Court

       The actions indicated in Sections 67 and 68 shall be filed within one (1) year from the date of publication made in accordance with Sections 44 and 51, respectively. (n)