A reference to the decision evidencing revocation shall be entered in the National
Register of Patents.
However, the patent owner may, during the three-month period starting with the date of
receipt of notice of the decision referred to in the above paragraph, file an appeal with the
entity responsible for industrial property for reinstatement of his rights if he can provide a
legitimate excuse for the non-payment of the prescribed fees.
Reinstatement of rights may be granted through a written decision by the entity
responsible for industrial property, provided that said prescribed fees have been paid before
the expiry of the three-month time period provided for in the previous paragraph.
A reference to the decision for the reinstatement of rights shall be entered in the
National Register of Patents, which shall also contain a reference to the date of payment of the
prescribed fees. The decision for the reinstatement of rights shall be notified to the patent
owner or his agent.
Revocation of a patent shall entail the revocation of the certificates of addition deriving
from said patent.
85. The court shall invalidate the patent at the request of anyone with an interest:
(a) if the invention may not be patented under the provisions of Articles 22 to 28 of this
Law;
(b) if the description of the invention does not explain the invention sufficiently to
allow a person skilled in the art to carry it out;
(c) if the subject matter of the invention goes beyond the content of the application as
filed;
(d) if the claims fail to define the scope of protection sought.
Where the grounds for invalidity affect the patent only partly, the invalidity shall be
pronounced in the form of a limitation corresponding to the claims.
86. An invalidity action may be brought by anyone with an interest.
The Public Prosecutor’s Office may be a party to the proceedings before any court
asked to take a decision invalidating a patent, and may petition for the absolute invalidity of
the patent.
It may even appeal directly for invalidity by means of a main action.
87. A patented invention which the owner has had revoked and an invention whose
patent has been revoked may not give rise to another patent application filing.
88. Certificates of addition shall end with the main patent; however, in cases where the
patent is declared invalid pursuant to Article 85 above, certificates of addition shall not be
affected by such invalidity if the improvements they cover constitute an invention.
Chapter IV
Publication of invention patents
89. The entity responsible for industrial property shall publish an Official Catalog of
the invention patents granted, containing references to the acts covered in the first paragraph
of Article 58 above.