The forfeiture decision shall be notified to the owner of the patent or to his agent. It
shall be entered in the National Register of Patents and published in the official bulletin of the
entity responsible for industrial property.
Forfeiture shall come into effect on the due date of the unpaid annual fee.
61. The owner of the patent may, within three months following notification of the
forfeiture decision, file an appeal for reinstatement of his rights if he can provide a legitimate
excuse for the non-payment of the annual fee.
The appeal for reinstatement shall be sent in writing to the entity responsible for
industrial property together with proof of payment of the reinstatement fee, the amount of
which shall be fixed by decree.
Reinstatement shall be granted by a decision with a statement of reasons issued by the
legal representative of the entity responsible for industrial property. It shall be notified to the
owner of the patent, entered in the National Register of Patents and published in the official
bulletin of the entity responsible for industrial property.
The decision reinstating the rights of the owner of the patent shall be without effect
where the fees due are not paid within three months following the notification of the decision
to the owner of the patent. A mention of the date of payment shall be entered in the National
Register of Patents.
Appeals against decisions of the legal representative of the entity responsible for
industrial property regarding forfeiture or reinstatement shall be brought before the competent
courts.
Such appeals shall be subject to the forms and procedures provided for in Chapter V of
this Law.
Entries shall be made in the National Register of Patents concerning appeals and
reinstatement actions and the decisions taken concerning them.
Chapter VIII
Transfer, Assignment and Seizure of Rights
62. The rights deriving from a patent or patent application may be assigned or
transferred in their entirety or in part.
Where two or more persons are applicants for or joint owners of the same patent, each
of them may assign or transfer his quota of the patent application or patent separately.
The assignment or transfer shall be evidenced in writing, on pain of invalidity.
The seizure of a patent shall be effected according to the provisions of the Civil and
Commercial Procedure Code, provided that the party applying for it shall, on pain of
invalidity of the seizure, serve the instrument of seizure on the owner of the patent, on the
entity responsible for industrial property and on persons holding rights in the patent.
Any assignment or transfer of a seizure and any entry concerning a seizure or the
validation or lifting of a seizure shall, on pain of their not being binding on third parties, be
entered in the National Register of Patents after payment of a fee the amount of which shall be
fixed by decree.
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