Cancellation of a patent and partial payment of annuities

Re: “Pieter Johannes Hendrikse v. INPI”, resolved by Division III of the Federal Court of Appeals of the City of Buenos Aires, addresses the nullity of administrative decisions issued by the Argentine Patent Office (“APO”) which had canceled a patent for lack of payment of annuities.

The plaintiff had paid the first annuity without the additional charges that were due after the legal term has lapsed. Therefore, the APO canceled the patent according to Section 62 sub section c of the Argentine Patent Law.

The APO’s decision was appealed and the majority vote of Division III Federal Court of Appeals of the City of Buenos Aires held that the plaintiff’s desire to maintain the validity of the patent, indicated by the partial payment of the annuity, is irrelevant.

However, since the plaintiff made other subsequent payments the court found that the APO did not take into consideration those payments and declared the APO’s administrative decision, which canceled the patent, null for lack of cause and motivation.