FIRST DIVISION

[G.R. No. 113388.  September 5, 1997]

ANGELITA MANZANO, petitioner, vs. COURT OF APPEALS, and MELECIA MADOLARIA, as

Assignor to NEW UNITED FOUNDRY MANUFACTURING CORPORATION, respondents.

FACTS:

The petitioner filed an action for the cancellation of Letters of Patent covering a gas
burner registered in the name of responded Melecia Madolaria who subsequently assigned the
letter of patent to United Foundry. Petitioner alleged that the private respondent was not the
original, true and actual inventor nor did she derive her rights from the original, true and actual
inventor of the utility model covered by the letter of patent; further alleged that the utility
model covered by the subject letter of patent had been known or used by others in the
Philippines for than one (1) year before she filed her application for letter of patent on Dec
1979. For failure to present substantive proof of her allegations, the lower court and Court of
Appeals denied the action for cancellation. Hence, the present petition.

ISSUE:

Whether or not the respondent court wrongfully denied the cancellation of letter of
patent registered under the private respondent.

HELD:

No. The issuance of such patent creates a presumption which yields only to clear and
cogent evidence that the patentee was the original and first inventor.  The burden of proving
want of novelty is on him who avers it and the burden is a heavy one which is met only by clear
and satisfactory proof which overcomes every reasonable doubt. Clearly enough, the petitioner
failed to present clear and satisfactory proof to overcome every reasonable doubt to afford the
cancellation of the patent to the private respondent.