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Section 5: Restoration of patent
Article 64: In the event that the protection conferred by a patent has not been renewed
owing to circumstances outside the patent holder’s control, he or his successors
in title may, subject to payment of the prescribed annual fee and, as the case may
be, payment of a late surcharge, request the restoration of the protection, within
a period of six months as from the date at which the above-mentioned
circumstances ceased to obtain, and at the latest, within a period of two years as
from the date on which the renewal should have been made.
Article 65: Requests for restoration of the patent, accompanied by receipts for payment of
the fee, as necessary, the surcharge for late payment and the corresponding
grounds, shall be addressed to the Industrial Property Director.
The Director shall examine the above-mentioned grounds and restore the patent
or reject the request if he feels that the grounds are not substantiated.
Article 66: Restoration shall not imply an extension of the maximum term of the patent.
Third parties who have started to exploit the invention after expiration of the
patent shall be entitled to continue such exploitation.
Article 67: Restoration of the patent shall also imply restoration of the certifications of
addition relating to said patent. The certificates of addition taken by one of the
successors in title shall benefit all others.
Restored patents shall be published by the Industrial Property Director in the
forms set out in Article 44.
Article 68: Decisions of the Industrial Property Director may be appealed to an Appeals
Commission within a period of 30 days as from the date of notification.
The make-up, tasks and functioning of said Commissions shall be defined in a
decree.
Chapter VI: Licensing contracts
Section 1. Signature and term of licensing contracts
Article 69: A patent holder may, by contract, assign to a natural person or legal entity a
license enabling him/it to exploit the patented invention. The term of the license
may not exceed that of the patent.
The licensing contract shall be drawn up in writing and signed by the parties.
Article 70: The licensing contract must be entered in the special patent register maintained
by the Industrial Property Director.
It shall only become binding on third parties once it has been entered in the
above-mentioned register and published in the forms provided for in Chapter IV,
Section 8.