The highest Brazilian federal court for non-constitutional matters (Superior Tribunal de Justiça - STJ) has decided that a patent will not be revoked if, after failing to pay the applicable annual fees, the patent owner resumes paying these fees in subsequent years.
The decision was rendered in a case where the Brazilian Patent and Trademark Office (INPI) tried to revoke a patent owned by a technology company after lack of payment of annual fees.
The STJ determined that, by making future payments, the patent owner demonstrates its interest in maintaining the patent. The decision also acknowledged that the purpose of the patent is to protect inventions that are still useful and economically exploited.
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