Article 1399. The Early Termination of a Patent for an Invention, Utility Model or Industrial Design A patent for an invention, utility model or industrial design shall be terminated before the due date: on the basis of an application filed by the holder of the patent with the federal executive governmental body charged with intellectual property matters, as of the date of receipt of the application. If the patent is issued for a group of inventions, utility models or industrial designs, and the patent holder's application is not filed in respect of all the objects of patent rights included in the group the patent shall be terminated only in as much as it concerns the inventions, utility models or industrial designs indicated in the application; if a patent duty was not paid when due for the maintenance of the patent for the invention, utility model or industrial design in effect, as of the date of expiry of the term established for the payment of the patent duty for the maintenance of the patent in effect.

Article 1400. Reinstating a Patent for an Invention, Utility Model or Industrial Design

1. A patent for an invention, utility model or industrial design terminated due to the fact that no patent duty has been paid when due for the maintenance of the patent in effect may be reinstated by the federal executive governmental body charged with intellectual property matters on the petition of the person who owned the patent. A petition of reinstatement of the patent may be filed with the said federal body within three years of the expiry of the patent duty payment term but before the expiry of the effective term of the patent envisaged by the present Code. A document shall be attached to the petition confirming that a patent duty has been paid in the established amount for the reinstatement of the patent.

2. The federal executive governmental body charged with intellectual property matters shall publish information in the gazette on the reinstatement of the patent for the invention, utility model or industrial design.

3. A person that started to use an invention, utility model or industrial design within the period between the termination of the patent for the invention, utility model or industrial design and the date of publication in the gazette of the federal executive governmental body charged with intellectual property matters of information on the reinstatement of the patent or that made the necessary preparations for it within the said period shall retain the right of further free-ofcharge use thereof without the broadening of the scope of such use (right of after-use).