Brazil:
Patent Does Not Expire If The Owner Resumes Paying Annual Fees
17 February 2015
TozziniFreire Advogados
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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.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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