lo26067004 Law 26/2014, the 30th of October, of patents since the General Council in its session of October 30, 2014 has approved the following: Law 26/2014, of 30 October, patent preamble Is a fact recognized that the knowledge economy is one of the major engines of developed societies, and that is in constant evolution. In the current context of the innovative activities, it is important and necessary that the Principality of Andorra will strengthen the productive activities that, to support in sectors such as research, development and innovation, provide a high added value and have a positive impact on the competitiveness of our country. At the same time, it is necessary to promote innovation and technological development, taking into account the challenges and opportunities posed by this evolution, providing the access to knowledge and its dissemination, particularly with regard to inventive activities.
In this sense, the patent is an ideal tool to encourage the birth and consolidation of these activities, and regulates the conditions for the circulation of ideas and technologies among countries, as a determining factor for the efficient functioning of innovation systems. Advances in the State of the art, without ignoring that rarely are the result of a one-off genius, respond in the vast majority of cases a systematic work of research, deployed over the years, that only in limited cases complies with the objectives sought after. The patent is a legal instrument that gives the owner an exclusive right of exploitation of his invention, materially reward your huge creative effort and contributes to the profitability of the capital invested in this inventive process.
Countries that have committed more firmly committed to the protection and the harmonization of industrial property are the ones who now have some innovative industries more competitive, a fact that shows the correlation that exists between the research and protection of the creation, on the one hand, and the quantitative and qualitative growth of the inventions and technology, on the other.
The law is intended, first, to improve and modernise the Andorran legal system in order to achieve an optimum level with regard to the protection of inventions. The establishment of different and complementary limitations or cautions that rule in the more advanced economies of our environment would place the Principality of Andorra in a position of economic disadvantage that would imply that the investments in the most innovative sectors are orientessin towards other States that offer better protection.
Secondly, this new law is intended to harmonize the patent regulations with the regulations of the countries of their environment. The patent law is, without a doubt, one of the branches of law more harmonised that exist, so that you can see a striking similarity between the laws of different States. The harmonisation of the current legislation is based on the need to give companies and innovative industries of a universally uniform rules, in order to guarantee the maximum legal security, as well as the reduction of the costs to carry out swap transactions in this matter so sensitive and needed. To respond to this challenge, this law supersedes the law of patents, on 10 June 1999, in order to adapt it fully to the common law of patents, and the rules that govern the European Community law, as well as the international organizations of which the Principality of Andorra is a member or in which it can be integrated in the future.
Harmonization with European Community law, the aim is mostly through the adaptation of the law to the most relevant articles of the provisions in the Directive 1998/44/EC of the European Parliament and the Council, of 6 July, relative to the legal protection of biotechnological inventions, and Directive 2004/48/EC of the European Parliament and the Council , April 29, relative to the respect of intellectual property rights.
In the same way, the law incorporates the provisions needed to facilitate the accession of the Principality of Andorra to the most crucial international treaties in the field of patents. In this sense, the law incorporates certain provisions that are intended to facilitate the conclusion of an agreement for the validation of European patents between the Principality of Andorra and the European Patent Organization. Likewise, the law incorporates the provisions needed to facilitate the accession of the Principality of Andorra to the Patent Cooperation Treaty, done at Washington on 19 June 1970.
Finally, the law is intended to guarantee the respect of the two most essential international treaties in the field of industrial property, that is the agreement of the Union of Paris for the protection of industrial property, of March 20, 1883, as ratified by the Principality of Andorra, and the agreement of the World Trade Organization about the aspects of intellectual property rights related to the trade.
The law grants a right of property, during a period of twenty years, extendable to inventions that meet the conditions of patentability set out in its provisions. You can patent an invention if they meet the requirements of novelty, inventive activity and industrial application. The present conditions of patentability, as well as its exceptions, incorporate the biotechnology inventions generated by specialties.
The patent gives its inventor the right to property that is derived, without prejudice to the rules relating to the inventions generated in execution of an employment relationship or within the scope of the investigation public.
The law establishes the administrative mechanisms for obtaining a patent. In this sense, we must address a request to the Patent Office, which granted the patent in accordance with the request, once the relevant examination procedure. The grant of the patent will give rise to a registration. The model by which chooses the law is the mere deposit, so that the requirements of patentability – except for the lack of novelty – will not be examined by the Patent Office.
This lack of examination of does not imply, however, as happens in the patent law of June 10, 1999, that patents are subject to a Resolutive condition of under which, if they are not confirmed in the first ten years, decrease. From the entry into force of this law, Andorran patents will be understood fully valid throughout his term, since the mere deposit does not allow to determine if the patent complies with the essential requirements for its validity; in any case, the exercise of the powers derived from the patent must be subject to certain precautions. The application of verification procedures and precautionary measures, as well as the exercise of actions based on a patent, they must be accompanied by a test principle according to which the title in question meets the conditions of novelty, inventive step and industrial applicability.
The law does not establish a numerus clausus of means test, but in any case will take this consideration the European patent and national patents granted after having passed an examination of provided that, in the latter case, have been granted by a procedure through which they have examined the patentability conditions required in this Act.
The effects of the patent to regulate in terms equivalent to those that are governed in the surrounding countries, and in accordance with the terms of the international treaties in force in the field.
The law also regulates aspects of the patent that derive from their status as title of the property.
Likewise, the law sets forth the actions that can be undertaken against the infringement of patent rights conferred on its owner.
Finally, the last chapter is dedicated to the establishment of the Patent Office fees in concept of services made by the administrative body, which shall be fixed by law.
Chapter first. The form of protection and patentability Article 1 protection of inventions patents protect inventions in accordance with the provisions of this law.
Article 2 National Treatment to foreign natural persons and legal persons and individuals abroad will enjoy, with regard to the protection of inventions in the Principality of Andorra, the advantages that their respective laws now grant, or in the future to its nationals, provided that this treatment may arise from international agreements or the principle of reciprocity. Reciprocity has to try by the one that the invoke.
Article 3 Conditions for patentability 1. New inventions are patentable, in all technological fields, which involve inventive step and be susceptible of industrial application.
2. The object of an invention protected by a patent can be a product or a process. The subject-matter protected by a patent may also refer to: a) a product that is composed or containing biological material;
b) A procedure through which will produce, transform or use biological matter;
c) biological material isolated from its natural environment or produced by means of a technical process may be the subject of an invention even if it previously existing in natural state.
3. For the purposes of the patent regulations, it is understood by "biological material" matter that contains genetic information autoreproduïble or reproducible in a biological system.
4. It is not considered to be inventions in the sense of paragraph 1 of this article, in particular, the following cases: a) discoveries, scientific theories and mathematical methods;
b) aesthetic Creations;
c) Plans, principles and methods for performing intellectual activities, in the field of play or in the area of economic activities, as well as programs for computers;
d) Ways of presenting information.
5. The provisions of paragraph 4 of this article exclude the patentability of objects or activities to which reference is made in paragraph mentioned only in the extent to which a patent application or a patent will refer to some of these objects or activities as such.
Article 4 Exceptions from patentability cannot be the subject of patent: 1. Inventions the commercial exploitation of which is contrary to public order or to good customs, without being able to be considered as such the exploitation of an invention by the mere fact of being forbidden by the Andorran legislation.
2. In particular, are not considered "patentable" under the provisions of paragraph 1 of this article: a) the procedures for cloning human beings;
b) the procedures of modification of the germinal genetic identity of human beings;
c) the use of human embryos for industrial or commercial purposes;
their genetic identity modification procedures) of the animals that are involve in these sufferings without substantial veterinary medical or utility for people or animals, and animals resulting from these procedures.
3. plant varieties and animal breeds. However, they are patentable inventions which have to vegetables or animals if the technical feasibility of the invention is not confined to a particular plant variety or animal race.
4. essentially biological procedures for obtaining plants or animals. To this effect, are considered to be "essentially biological" procedures that cehipar entirely in natural phenomena such as crossing or selection. This does not affect the patentability of the inventions that have as an object a microbiological process or any other process or a product obtained by means of the procedures mentioned above.
5. The human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene. However, an element isolated from the human body or obtained in another way by means of a technical process, including the total or partial sequence of a gene, can be considered a patentable invention, even if the structure of the item mentioned is identical to that of a natural element. The industrial application of a total or partial sequence of a gene must appear explicitly in the patent application.
6. Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods applied to the human or animal body. This provision does not apply to products, in particular substances or compositions, for use in any of these methods.
Article 5 Novelty
1. It is considered that an invention is new when it is not part of the State of the art.
2. The State of the art consists of everything which has been made available to the public by means of a written or oral description, by use or in any other way, before the filing date of the application or, if a priority is claimed, before the priority date of the application.
3. Also included in the State of the art content of any patent application filed in the Principality of Andorra or with effects in the Principality of Andorra, to the extent that this patent application or the patent granted thereon is published, as long as it follows the filing date or, if priority is claimed, the priority date of the application , is prior to the date referred to in paragraph 2 of this article.
4. The provisions of paragraphs 2 and 3 of this article do not preclude the patentability of a substance or a composition, contained in the State of the art, for the application of any method referred to in paragraph 6 of article 4, provided that its use for any of these methods is not included in the State of the art.
5. The provisions of paragraphs 2 and 3 of this article do not preclude the patentability of a substance or a composition mentioned in paragraph 4 of this article for specific use in a method referred to in paragraph 6 of article 4, provided that such use is not included in the State of the art.
Article 6 inventive step an invention is considered to involve an inventive step if, in view of the State of the art, it is not obvious to a person skilled in the art. If the State of the art also includes documents referred to in paragraph 3 of article 5, these documents are not to be taken into account when deciding whether there has been an inventive step.
Article 7 industrial Applicability is considered to be an invention is susceptible of industrial application if it can be made or used in any kind of industry, including agriculture.
Article 8 innocuous Disclosure 1. Is not taken into consideration to determine the State of the art a disclosure of the invention which, which occurred within the six months prior to the filing of the application in the Patent Office has been direct or indirect consequence of the following facts: a) an abuse evident in front of the applicant or its cause;
b) or that the applicant or his cause have exhibited the invention in the official exhibitions or officially recognised within the meaning of the Convention relating to international exhibitions, signed at Paris on 22 November 1928.
2. In the case set forth in the letter b of the preceding paragraph, it is necessary that the applicant, in submitting the application, declare that the invention has been displayed and that, in support of his claim, provide the corresponding certificate within the period and the conditions to be determined in the rules of execution of the law (hereinafter referred to as , "The implementing regulations").
Second chapter. The right to a patent; mention of the inventor Article 9 right to a patent 1. The right to a patent belongs to the inventor or who bears cause. Joint inventors have the same rights, unless they agreed to otherwise.
2. Any natural or legal person and any society assimilated to a legal entity, by virtue of the legislation which is applicable, you can apply for a patent in Andorra.
3. In the event that two or more persons have made an invention independently of each other, the right to a patent for that invention belongs to the person whose application has the earliest filing date or, if priority is claimed, the earliest priority date, provided that this request has been posted.
4. For the purposes of proceedings before the Patent Office, it is considered that the applicant is entitled to exercise the right to the patent.
Article 10 Inventions of employees and to order 1. However the provisions of article 9, when an invention is generated in the Principality of Andorra in execution of a Commission or an employment contract, the right to the patent for this invention belongs, except contrary agreement, to the person who commissioned the work or to the employer.
2. In the event that they apply the provisions of paragraph 1 of this article relating to an invention created in the Principality of Andorra in execution of an employment contract, the employee who is the inventor has the right to equitable remuneration taking into account his salary, the economic value of the invention and any benefit arising from this invention for the pattern. If there is no agreement between the parties to establish the remuneration, the judicial authority is set to instance of one of the parties. The procedure that follows is the abbreviated.
3. The inventions in the generation of which there are the circumstances set out in paragraph 1 of this article belong to the worker who is the inventor.
4. Notwithstanding the provisions of paragraph 3 of this article, when the employee makes an invention related to his professional activity to the company and its production have influenced predominantly acquired knowledge within the company or the use of the means provided by the company, the employer has the right to assume ownership of the invention or to reserve a right to use. When the employer assumes ownership of an invention or reserve a right of use, the worker is entitled to a fair financial compensation, fixed in attention to the industrial and commercial importance of the invention and, taking into account the value of the means or knowledge provided by the company and the contributions of the worker. The amount is fixed in accordance with the provisions in paragraph 2 of this article.
5. The worker that generates some of the inventions other than those set out in paragraph 3 of this article must inform the employer, by means of a written communication, with the data and reports necessary for the employer to be able to exercise the rights that correspond to the period of three months. The breach of this obligation implies the loss of the rights that are recognized to the worker in this article.
6. Both the employer and the employee are required to collaborate to the extent that it is possible for the effectiveness of the rights recognized in this article, i have to refrain from any action that may lead to the detriment of these rights.
7. The employer can claim the inventions for which a patent application is filed or other title of exclusive protection within the year following the termination of the relationship of works or services.
8. Any advance renunciation of the worker to the rights recognized in this article is null.
Article 11 Inventions of the personnel of the public administration and company and teachers 1. The rules laid down in article 10 are applicable to civil servants, employees and workers of the public administration and company and teachers, without prejudice to the provisions of the following sections.
2. It is up to the universities ownership of inventions made by teachers as a result of its role of research in universities and that belong to the field of teaching and research functions. All invention must be notified immediately to the appropriate University for teaching is the inventor. The University, in the period of three months from the receipt of the notification of the invention, must notify the teacher that the inventor his interest in the invention. In the event that the University is not revealed in this period, it is understood to all intents and purposes that the University gives ownership of the invention to the inventor teaching.
3. The teacher has, in any case, the right to participate in the benefits you get the University of exploitation or the assignment of his rights on inventions. Corresponds to the articles of association or the internal regime regulations of the University to determine the modalities and amount of this participation.
4. The University may assign ownership of inventions to the teacher who is the inventor, and you can book in this case a non-exclusive, non-transferable license and free of exploitation.
5. When the teacher get benefits from the exploitation of an invention referred to in paragraph 4 of this article, the University has the right to a share in these benefits determined by the articles of association or the internal regime regulations of the University.
6. When the teacher makes an invention as a result of a contract with a private or public, the contract should specify which of the Contracting Parties in the corresponding title.
7. the system established in this article is applicable to the inventions of the research staff of public bodies and research parapúblics.
Article 12 honorable mention and designation of the inventor 1. The inventor has, in front of the owner of the patent application or of the patent, the right to be mentioned as the inventor before the Patent Office.
2. The application must designate the inventor or, if there is more than one, all of the inventors.
3. All designated inventor shall be mentioned as such in the application published and the specificities of the patent, unless the inventor may request, in a declaration signed by him and addressed to the Patent Office, you want not to be mentioned as such.
Third chapter. The application and procedure up to grant Applicants a request for Article 13 multiple patents can be filed by several applicants jointly.
Article 14 the application requirements 1. The application for a patent must be filed at the Patent Office and shall contain: a) a request for the grant of a patent;
b) An identification of the applicant;
c) a description of the invention;
of) one or more claims;
e) All drawing mentioned in the description or the claims;
f) a summary of the invention.
2. The presentation of the request is subject to payment of the fees for filing set out in the law of Patent Office fees and must comply with the conditions laid down in the implementing regulations.
3. The documentation that includes what is mentioned in paragraph 1 of this article must be written in Catalan, Spanish, French or English and must comply with the requirements established in the rules of execution. When this documentation is written in Spanish, French or English, you have to file a translation into Catalan of, at least, claims.
Article 15 filing date 1. The filing of a patent application may be made electronically, in accordance with the provisions of the implementing regulations and in accordance with the regulations in force in the field of electronic trust services.
2. The filing date of an application is the date of receipt by the Patent Office of an application that contains, at a minimum, the following elements: a) a declaration by which a patent is requested;
b) information identifying the applicant;
c) a description of the invention, or a reference written in Catalan of an application previously placed. The reference to a previously filed application must indicate the date of filing and the code for this, as well as the Office in which it was deposited. In addition, the applicant must provide a certified copy of the earlier application within a period of two months from the date of filing of the application.
3. For the purpose of granting a filing date, the Patent Office takes into account the following special cases: a) if the Patent Office finds that, at the time of receipt of an application, have not been fulfilled the requirements referred to in paragraph 1 of this article, it must require the applicant who complies with the requirements of form specified in the implementing regulations. If the applicant complies with the requirements, the filing date of the application is the date of receipt of all the elements that are missing. If the applicant does not comply with the request, the request must be considered as if it had not been filed.
b) if the application refers to drawings which is not attached to the application, the Patent Office shall require the applicant to provide the missing drawings. If the applicant complies with the requirements, the filing date of the application is the date of receipt of the missing drawings. If the applicant does not comply with the requirement, the filing date is the date of receipt of the application, and any reference to drawings must be considered deleted. However, when the patent application claiming the priority of a previous application, and the first to contain the drawings that have not been presented by the applicant, will keep the filing date indicated in paragraph 1 of this article, provided that the applicant complies with the requirements established for this purpose in the rules of execution.
4. When you've agreed to a filing date to the application, the Patent Office informs the applicant accordingly.
Article 16 Description of the invention 1. The application must disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the art.
2. If the application refers to biological material which cannot be disclosed in the application in a way that allows that the invention can be carried out by a person skilled in the art and such material is not available to the public, the application must be complete with a deposit of this material in an institution of recognised deposit in the manner set out in the implementing regulations.
Article 17 Claims the claims define the subject of the requested protection. Should be clear and concise and should be based on the description.
Article 18 Summary a summary of the invention serves exclusively for the purpose of technical information. Cannot be taken into account for any other purpose, and in particular not be used nor to determine the scope of the protection sought, or to determine the State of the art for the purposes of the provisions of paragraph 3 of article 5.
Article 19 An invention unit request must refer to a single invention or group of inventions interrelated in such a way that they form a single general inventive concept.
Article 20 Division of an application 1. The applicant may file a divisional application, up to the time when the initial application is in order for grant.
2. All divisional application has the right to be assigned by the filing date and, if it claims a priority, to be assigned by the priority date of the initial request, provided that their contents do not go beyond the disclosure in the initial application form as it was presented.
3. the documents relating to priorities presented in the Patent Office in relation to the initial application shall be considered submitted with regard to all divisional application.
Article 21 right to priority 1. Those who have featured regularly, or for: a) a State party to the agreement of the Paris Union, or b) a State member of the World Trade Organization, an application of patent for invention, utility model, utility certificate or its successors, has, for the filing of a patent application in Andorra with respect to the same invention , a right of priority during a period of twelve months from the date of filing of the first request.
2. Gives rise to the right of priority any presentation that meet the minimum requirements to obtain a date of application by virtue of the national legislation of the State in which it has been carried out.
3. It is considered the first application, the date of filing of which is the starting point of the period of priority, a further application that has the same object that a previous application first filed in the same State or in the same State, on condition that this previous application has been withdrawn, abandoned or denied on the date of filing of the subsequent application without having been subject to public inspection and without having left rights outstanding, and has not served as a basis for claiming a right of priority. The previous application may not serve as a basis for the claim of the right of priority.
4. In the event that the first filing has been made in front of an Office that is not linked to any of the instruments mentioned in paragraph 1 of this article, paragraphs 2 and 3 of this article apply only as a result of an agreement of Government by virtue of criteria of reciprocity.
Article 22 claim for priority 1. The applicant who wishes to claim the priority of a previous application shall submit, in the form and within the deadlines set out in the rules of execution, a declaration of priority and a copy certified by the Office of origin of the previous request, with translation into Catalan of, at least, claims, when this application is written in another language.
2. multiple priorities may be claimed for a patent application from several States although Andorra. If appropriate, multiple priorities may be claimed for the same claim. If you claim multiple priorities, deadlines that have been set up on the basis of the priority date is counted from the date of the oldest priority. When will reivindiquin one or more priorities, the right of priority solely under the elements of the application that are contained in the application or applications the priority of which is claimed.
3. When certain elements of the invention for which priority is claimed do not appear among the claims formulated in the previous application, because you can grant the priority is enough that the whole of the documents of the previous application is clearly deduced the existence of these elements.
4. The incorrect claim of priority may be corrected at the request of the applicant or ex officio by the Patent Office. In the absence of correction, the incorrect claim of the priority will be considered null.
Article 23 effects of the right of priority by virtue of the exercise of the right of priority, the priority date is considered the date of filing of the patent application for the purposes of article 5, paragraphs 2 and 3, and article 9, paragraph 3.
Article 24 Amendment, correction and withdrawal of an application 1. The applicant is entitled, on its own initiative, to amend or correct the application up to the time when the application has completed the requirements for the award.
2. no amendment or correction of the application does not have to extend beyond the content of the application as filed on the filing date. The applicant may modify the claims in accordance with the provisions of paragraph 1 of this article, without the need for any authorization on the part of those who have rights registered on the application in the register of Patents.
3. The applicant may withdraw the application at any time while you are waiting, with no right to a refund of fees paid. When you are registered on the register of Patent Rights of third parties on the application, this application can only be withdrawn with the consent of the holders of these rights.
Article 25 publication of the patent application and consultation of files
1. The Patent Office shall publish in the Bulletin of Patents as soon as possible after the expiry of the period of eighteen months from the filing date or, if priority is claimed, from the priority date of the application, and in the form specified in the implementing regulations, all deposited request, except in the following cases : to) is not published any request if it is withdrawn or finally denied before you have completed the technical preparations for publication.
b) in the event that, prior to the expiration of the said period of eighteen months, the applicant to submit a request in writing to the Patent Office for the application is published in the Bulletin of Patents, the Patent Office shall publish the application as soon as possible after receipt of the request.
2. Once you have posted the patent application, any person may consult the file of the application, in accordance with the conditions laid down in the implementing regulations.
3. The publication is done exclusively by electronic means.
Article 26 publication of grant of a patent 1. The Patent Office has published all patent granted as soon as possible after it is published the mention of the grant of registration in the Patent Bulletin.
2. The Patent Office shall publish in the Bulletin of Patents the mention of the grant of the registration. The mention shall include the identification of the applicant and the date of filing of the application, in addition to the title and the description.
The Patent Office shall publish the patent provided that, with the advance provided for in the regulations, the patent holder has completed the formal requirements required to publish the patent.
3. If the applicant does not meet the requirements set forth in the previous section and the registry were to be published, it is considered that the application of patent registration has not ever produced the effects foreseen in the law.
4. The publication is done exclusively by electronic means.
Article 27 formal Examination of the application and granting of the patent 1. If a request has been granted a filing date, the Patent Office shall examine whether the application complies with the requirements of articles 12 and 14. The Patent Office does not have the obligation to examine whether the application and the invention to which it relates meet the requirements of articles 2 and 8, 16, 17, 19, 20 and 24.2. However, the Patent Office may refuse, after granting an audience to the person concerned, a request that has no new manifesting and noticeable.
2. If the Patent Office considers that the application does not comply with the requirements referred to in paragraph 1 of this article, you must indicate the deficiencies to the applicant and give the possibility that correct in accordance with the provisions of the implementing regulations. The application must be denied if the applicant is not correct the deficiencies indicated by the Patent Office within a period that the implementing regulations.
3. If the application complies with the requirements referred to in paragraph 1 of this article, the Patent Office grants, with the previous payment of the fees laid down in the law on taxes of the Patent Office, a patent on the basis of the request. The Patent Office has to register the grant of the patent in the register of Patents and published patent specifications in accordance with the provisions of the implementing regulations.
4. If the applicant has filed a request for early publication of the application, may request that the patent be granted immediately after the publication of the application.
5. The grant of the patent is made without prejudice to third parties and with no guarantee by the State as to its validity and the usefulness of the object on which it lies.
Article 28 principle of test 1. From the time of the grant, the patent deploys all the effects recognized in the law and its implementing regulations.
2. Notwithstanding the provisions of paragraph 1 of this article, the application for injunctive relief, as well as the exercise of actions based on a patent, should be accompanied by a principle of proof that the title in question complies with the requirements provided for in articles 2 to 8, 16, 17, 19, 20 and 24.2. This principle of proof may consist, among others, in expert reports on patentability of the invention, or in contractual documents issued license agreements about the patent.
3. In any case, are considered the beginning of test, when relating to the same invention, the European patents, as well as the national awarded after having passed an examination of the Fund, provided that, in the latter case, have been granted on a procedure in which have been examined for patentability requirements referred to in paragraph 2 of this article. In any proceedings for infringement, the plaintiff must submit, in the event that any foreign decisions related to the patent that is the subject of the procedure for recognition of the judicial authority.
Article 29 Documents on non-official language 1. The application for injunctive relief, as well as the exercise of actions based on a patent, must be accompanied with respective sworn translations into Catalan and, if applicable, postil·lada, of the parts of the patent that have not been translated into finger language during their processing.
2. In addition, the documents mentioned in paragraphs 2 and 3 of article 28 which are not written in Catalan must be accompanied by a sworn translation into Catalan and, if appropriate, postil·lada.
3. In procedures for nullity that initiate by virtue of article 57, the conviction in coasts must contain an express statement about the costs of translation of the patent that has assumed the actor.
Article 30 patent Register 1. The Patent Office a patent Register in which to register the patent applications and patents granted.
2. The registration of Patents Register, in the manner set out in the implementing regulations, matters relating to the application for the patent or the patent, as well as all the corrections, amendments, changes of ownership or other matters which the Patent Office is empowered or required to register in accordance with this law. Do not make any entry in the register of Patents before the publication of the application.
3. Registration in the register of Patents made according to what is established in this law shall be presumed true, except in opposite direction.
4. The register of Patents is public and can be consulted in accordance with the conditions laid down in the implementing regulations.
5. Except in the case provided in article 41, the transmission, the licenses and any other Act, voluntary or required, affecting patent applications or patents already granted shall only have effect against third parties of good faith from which they have been registered in the register of Patents.
The fourth chapter. Effects of a patent Article 31 rights conferred by a patent, acts of infringement 1. A patent confers on its owner the right to prohibit third parties, in the absence of consent: a) manufacturing, offering, the introduction on the market or using, or importing or stocking for these purposes the product object of the patent;
b) using a process which is the subject-matter of the patent or, when the third party knows or the circumstances make it obvious that the use of this process is forbidden without the consent of the proprietor of the patent, the offer of this process;
c) offering, the introduction on the market, using, or importing or stocking for these purposes the product obtained directly by a process which is the subject-matter of the patent.
2. When the patent has to a biological material that, because of the invention, have certain properties, the rights conferred by the patent extends to any biological material obtained from patented biological material for reproduction or multiplication, in the same way or differentiated, and that have the same properties.
3. When the patent has to a procedure that will allow them to produce a biological matter that, because of the invention, have certain properties, the rights conferred by the patent extend to biological material directly obtained by the patented process, and to any other biological material obtained from the first by reproduction or multiplication, in the form identical or distinct , and who owns these same properties.
4. When the patent has to a product that contains genetic information or that consists of genetic information, the rights conferred by the patent extends, without prejudice to the provisions of paragraph 5 of article 4, in all matters in which the product is incorporated and in which the genetic information is contained and performs its function.
Article 32 indirect Infringement 1. The patent gives the owner the right to prohibit a third party, without your consent, the delivery or the delivery to a person who is not authorized to exploit the patented invention, the means of application of the invention related to an essential element of that invention, when the third party knows or the circumstances that these means are suitable and intended for this application.
2. In paragraph 1 of this article is not applicable in the case that the means of application are products that are commonly found in trade, unless the third party incites the person who delivers the means to commit acts prohibited by article 31.
3. Not considered people enabled to exploit the invention in the sense of paragraph 1 of this article which carried out the acts referred to in the letters b, c, d and e of paragraph 1 of article 33.
Article 33 Limits the rights of patents 1. The rights conferred by a patent does not extend to: (a) with respect to a product Acts) covered by the patent after that product has been introduced to the market by the proprietor of the patent, or with his express consent, in the Principality of Andorra or to any other territory specified by resolution of the Government by virtue of criteria of reciprocity;
b) Acts carried out privately and for non-commercial purposes;
c) Acts carried out for experimental purposes relating to the subject-matter of the patented invention;
d) studies and essays, and the consequent practical requirements that are needed for obtaining a marketing authorization of a drug in the Principality of Andorra as well as on the market of any country in the world;
e) events consisting of the extemporaneous preparation for individual cases, in a pharmacy or a doctor or a veterinarian, of a medicine in accordance with a medical prescription or acts concerning the medicine so prepared;
f) the use of the patented invention in any space or air Widget, or land vehicle, alien, that temporarily or accidentally penetrate airspace or in the territory of the Principality of Andorra, provided the patented invention is used exclusively in the construction or the operation of the space or air Widget, or land vehicle;
g) Acts related to the biological material obtained by reproduction or multiplication of biological material protected object of the patent, after that this stuff has been put on the market in the territory to which refers the letter a of this section by the holder of the patent or with his consent, when the reproduction or multiplication is the result of the use for which it has been marketed biological matter such , and provided that the material obtained is not subsequently used for new reproductions or multiplications.
2. The owner of a patent may not invoke it to defend itself in the face of the actions against him for infringement of other patents that have a priority date prior to that of his.
3. The fact that the invention covered by a patent may not be exploited without the use of the invention protected by a patent above belonging to a different owner is no obstacle to the validity of that patent. In this case, neither the owner of the earlier patent may exploit the later patent during the term of the patent without the consent of its owner, or the owner of the later patent may exploit either of the two patents during the term of the patent before, unless you have obtained the consent of the owner of this patent.
Article 34 special cases 1. However the articles above, the sale or any other form of commercialisation of plant reproduction material made by the holder of the patent or with his consent to a farmer for farming, involves the right of the latter to use the product of his harvest for further multiplication or reproduction made by himself in their exploitation.
2. Notwithstanding the previous articles, the sale or any other form of commercialisation of breeding animals or animal reproduction material made by the holder of the patent or with his consent to a farmer or rancher, implies the authorization to the latter to use the protected livestock for agricultural purposes or ranchers. This includes the availability of livestock or other animal reproductive material for the farmer or rancher can continue their farming or livestock, but not sale within the framework of a commercial reproduction or for this purpose.
Article 35 the previous user rights 1. Any person who, in good faith, for the purposes of his enterprise or business, before the filing date or, if priority is claimed, before the priority date of the application on which the patent is granted, and in the Principality of Andorra, to use the invention or made serious and effective preparations for such use , has the right, for the purposes of your company or of your business, to continue such use or to use the invention as planned in those preparations.
2. The right of the prior user may only be transferred or transmitted together with your company or your business, or part of your company or of your business in which it has been doing the use or the preparations for use.
Article 36 provisional Protection as from the date of its publication, the patent application gives the cardholder a provisional protection consisting of the right to demand compensation, reasonable and appropriate to the circumstances from any person who, between that date and the date of publication of the mention that the patent has been granted , has brought out a use of the invention which, after that period prohibited by virtue of the patent. This same provisional protection applies even before the publication of the application in front of the person who has notified the presentation and the contents of this presentation. When the object of the patent application is made up of a procedure relating to a microorganism, provisional protection starts only from the microorganism has been made accessible to the public. It is considered that the patent application has never had these effects if it is withdrawn or finally denied.
Article 37 Duration of the patent is the duration of a patent is 20 years from the filing date of the application.
Article 38 extension of the protection and interpretation of claims 1. The extension of the protection conferred by the patent shall be determined by the claims, which must be interpreted taking into account the description and the drawings, so that will combine fair protection for the owner of the patent with a reasonable degree of certainty for third parties.
2. For the purposes of determining the extent of protection, and in accordance with the implementing regulations, you have to take into account the elements that at the moment in which he claims any violation are equivalent to the elements expressed in the claims.
3. During the period up to the grant of the patent, the extent of the protection conferred by the patent application is determined by the claims published. However, the patent, as has been granted or amended in a procedure of principle of proof according to article 28, or of invalidity according to article 57, shall determine retroactively the protection conferred by the patent application, to the extent that such protection is not extended.
Chapter five. Joint ownership and change in ownership of the patent application or of the patent Article 39 change in ownership of the patent application or of the patent 1. The application of patents and patents constitute a right of property.
2. The application for patent as the patent are recognized by all means to convey in law and may be the subject of licenses and usufruct. Can also be given in guarantee through the establishment of a mortgage securities.
3. Any contract for the transfer of a patent application or of a patent must be written. Otherwise is not valid. The previous specificity does not apply for intestacy.
4. Any change in the ownership of a patent application or of a patent must be registered in the register of Patents with the previous payment of the fee set out in the law of Patent Office fees. The new owner of the application or of the patent has the right to urge legal action with respect to the application or the patent only if it has been registered in the register of Patents.
5. The transmission or the transfer of a patent application or of a patent does not affect the rights acquired by third parties in good faith before the date of this transfer or this assignment, and has effect in respect of third parties in good faith only after entry in the register of Patents. To this end it equates to the transfer any voluntary or required affecting patent applications or patents already granted.
6. Any modification of the rights of a patent includes that of your additions, which, by themselves, cannot be object of transmission.
Article 40 judicial Transfer of the patent application or of the patent 1. If a patent application has been filed by a person who is not entitled to the patent in accordance with the articles 9, 10 or 11, or a patent has been granted to a person who is not entitled to the patent in accordance with the articles 9, 10 or 11, the person who has the right according to the aforementioned articles may request , within the two years following the publication of the grant, to the judicial authority which ordered the transfer to him of the patent application or of the patent. This period does not apply if the holder, at the time of the grant or of the acquisition of the patent, is an expert who did not have the right to the same patent.
2. When a person is only entitled to a part of the patent, may request that attributed the cotitularitat of this invention in accordance with paragraph 1 of this article.
3. When, in accordance with the provisions of paragraph 1 of this article, a firm sentence has recognised the right to obtain the patent to a person different from the applicant, and provided that the patent has not yet been granted, that person may, in accordance with the implementing regulations and within the period of three months after the judgment has acquired force of res judicata : a) Continue the procedure related to the application, subrogant in the place of the applicant;
b) file a new patent application for the same invention, you enjoy the same priority; or c) request that the application be denied.
4. Filed a legal action to get the sentence referred to in paragraph 1 of this article, you cannot withdraw a patent application without the consent of the applicant. The judicial authority should agree to the suspension of the award procedure, once the application has been published, until the firm judgment is notified if it dismisses the claim of the plaintiff, or up to three months after the notification saying if, on the other hand, it is estimated.
5. The filing of a judicial demand take by an interested party, to the exercise of the actions mentioned in this article, as well as the strong sentence or any other form of completion of the procedure initiated under the demand, should be the subject of the patent in the register of annotation for the purposes of advertising to third parties.
Article 41 Registration of the new proprietor of the patent and subsequent operation 1. When there is a change in the ownership of a patent as a result of a judgment of the stipulated in the previous article, licenses and other rights of third parties on the patent is extinguished by the registration in the register of Patents of the person entitled.
2. The proprietor of the patent as the holder of a licence obtained before the registration of the filing of the demand that, prior to this same registration, have exploited the invention or have made effective and real preparations for this purpose, they can continue or start the operation always requesting a non-exclusive license to the new holder entered in the register of Patents , within a period of two months if it is the former proprietor of the patent or, in the case of the holder of the license, within a period of four months since he has received the notification of the registration of Patents in which he communicates the registration of the new owner. The license must be granted by an appropriate period and in reasonable conditions.
3. Does not apply the provisions of paragraph 2 of this article when the owner of the patent or of the license has acted in bad faith at the time that it has begun the exploitation of the patent or the preparations for the same operation.
Article 42 joint Ownership of patent application or of the patent 1. For the purposes of their transfer or encumbrance, the application for patent or the patent already granted are indivisible, though in common may belong to several people.
2. in the case of joint depositors of a patent application, each one of them, without the agreement of the other, you can give or transmit separately by succession his share of the application, but the depositors may withdraw only sets the application or conclude license contracts with third parties with respect to the application.
3. In the event that there are proprietors of a patent, each of them, without the agreement of the other, you can separately: a) give or convey by succession his share of the patent;
b) Urge legal action in defence of the patent and notify the other owners the company action, so that these can be added to the action;
c) Exploit the invention after report to other owners;
d) carry out the acts necessary for the conservation of the application or of the patent.
4. The proprietors can only give up altogether in the patent or conclude license contracts with third parties with respect to the patent unless, in the latter case, the judicial authority, for reasons of equity and in accordance with the circumstances of the case, in one of them empowered to grant the concession indicated.
5. The provisions of this article are applicable unless otherwise agreed upon it of the depositors or proprietors.
6. That is not regulated by this article shall be governed, in default of agreement between the parties, the legal regime of co-ownership Article 43 Expropriation of the patent Any patent application or patent may be granted expropiated because of public utility or social interest, by means of a fair compensation. In these cases, apply mutatis mutandis the general scheme of the expropriation.
Article 44 accessory Obligations to the transfer or license 1. Except contrary agreement, who carry a patent application or a patent or license on these patent applications or patents, is obliged to make available to the purchaser or licensee the technical knowledge that you own and that are necessary to be able to proceed to a proper working of the invention.
2. The purchaser or licensee to whom to communicate secret knowledge is obliged to adopt the necessary measures to prevent the disclosure.
3. who carry charges for a patent application or a patent already granted and confers a license on these patent applications or patents already granted responds, unless otherwise stated, if Covenant declares that he had no ownership or the powers necessary to carry out the business in question.
4. The transmitent or licensing responds as long as they acted in bad faith. The bad faith is presumed, unless the contrary, when you don't have made known to the other Contracting Party, and has made clear in the contract with individual mention of documents, reports or resolutions, andorrans or foreigners, held by or of which it certifies the existence, relating to patentability of the invention the subject of the application or of the patent.
5. The actions to the responsibilities mentioned in paragraphs 3 and 4 of this article prescribed at the end of six months, counted from the date of the decision or of the judgment that the serve as basis.
6. who forward a patent application or a patent already granted, or grant a license on these patent applications or patents already granted responds, severally with the acquirer or the licensee, of the necessary compensation, as a result of the damages caused to third persons by defects inherent in the invention the subject of the application or of the patent.
7. The transmitent or the licensor who has had to deal with the liability mentioned in paragraph 6 of this article can claim to the purchaser or licensee the amounts paid, unless it has been agreed to the contrary, to have done in bad faith or that, taking into account the circumstances of the case and for reasons of fairness, has to be he who supported in whole or in part the compensation established in favour of third parties.
Chapter six. Contractual licenses Article 45 license agreement 1. For the purposes of the law, "license contract" means any contract by which one party, the licensor, grants to another part, the licensee, the right to perform any of the acts referred to in articles 31 and 32 in respect of an invention which is the subject of a patent or of a patent application.
2. All license agreement must be in writing. Otherwise is not valid.
3. A license may be exclusive or non-exclusive. It is understood, unless otherwise agreed, the license is non-exclusive.
4. A license may be total or partial. It is understood, unless otherwise agreed, the license is total.
5. A license can be registered in the register of Patents in accordance with the form and documentation is available on the regulation of e xecució and the previous payment of the fee set out in the law of Patent Office fees. Paragraph 3 of article 39 applies mutatis mutandis to the grant or transfer of a licence.
6. Can be exercised all the rights conferred by the patent or the application before a licensee who infringes any of the limits of their license established by virtue of the provisions of the previous sections of this article.
7. Unless the contrary has been agreed in writing with whom he has granted the license, the holders of contractual licenses may not transfer them to third parties, either totally or partially, or to license the main surrogate (sublicensing).
Article 46 the rights of the licensee 1. Except contrary agreement, the licensee is authorized to perform, in respect of the invention any of the acts referred to in articles 31 and 32 during the duration of the patent, and for any application of the invention within the territory of the Principality of Andorra.
2. With the exception of Covenant in the opposite direction, the licensee may not authorize a third party to perform, in relation to the invention, any of the acts referred to in articles 31 and 32.
Article 47 rights of Licensor 1. Except contrary agreement, the licensor may grant to a third party the right to perform, in respect of the invention any of the acts referred to in articles 31 and 32 and has the authority to make them himself.
2. Notwithstanding the provisions of paragraph 1 of this article, if the license agreement states that the license is exclusive, and unless it is expressly agreed otherwise, the licensor may not, in respect of the invention, or provide to a third party the right to perform the acts referred to in articles 31 and 32 covered by the said contract, or make them himself.
Chapter seven. Actions against the injury to the rights of the owner of a patent; procedural regulations Article 48 right to exercise an action; actions; procedural rules 1. Any injury to the rights of the owner of a patent creates civil liability and/or penalty of its author.
2. The owner of a patent may exercise before the judicial authority, civil and/or criminal action against all corresponding person who injures his right; in particular: a) stop acts that violate the law;
b) compensation for any damage suffered;
c) the seizure of the objects produced or imported in violation of their rights and means mainly used in production or in carrying out the patented process;
d) the attribution of property or seizure under the provisions of paragraph c of this section, whenever possible, in the case of which it imputes the value of goods affected the amount of compensation for damages. If the mentioned value exceeds the amount of the allowance granted, the proprietor of the patent has to compensate the other party for the excess;
e) the adoption of the necessary measures to prevent inhibit the infringement of the patent and, in particular, the transformation of the objects or seizure, or its destruction when this is necessary to prevent the infringement of the patent;
f) the publication of the damning judgment of the infringer of the patent, at the expense of the convicted, by means of announcements and notifications to interested parties. This measure is applicable only when the sentence so expressly.
3. In the event that it has been granted a license, this article applies in accordance with the following specifications: a) unless a license contract otherwise, any licensee may require from the proprietor of the patent who boards the relevant actions before the judicial authority against third parties that any infringement of the rights of the proprietor of the patent, which should specify the compensation that claims;
b) This licensee, if it proves that the owner of the patent is refused or left to fulfill your request within the period of two months from the date of receipt of the application, you can engage in such actions in its own name, after notifying its intention to the proprietor of the patent. The proprietor of the patent has the right to participate in the demand;
c) If, before the expiry of the period referred to in paragraph b of this section, the licensee proves that immediate action is necessary to prevent a serious damage, you can urge immediately the actions provided for in the said letter;
d) All licensee has the right to participate in the suit instituted by the patent holder to ensure a proper compensation for any prejudice suffered by him as a result of the injury, without prejudice to the actions that the licensee may urge directly.
4. civil actions arising from the infringement of the rights of the proprietor have been urging within the period of five years from the date on which the holder or, if this is the case, the licensee, have had knowledge of the infringement and of the identity of the alleged offender.
5. The actions in respect of a patent application can only urge after a patent has been granted on the basis of that request.
6. In the event that the subject-matter of the patent is a process for obtaining a new product, when this product has been produced by any third party, is presumed, in the absence of proof to the contrary, that has been obtained by the patented process. In the event that in the context of a judicial procedure will submit a proof to the contrary, the judicial authority, after the Declaration of relevance, the practice with the caution that requires the protection of the legitimate interests of the third party in the protection of their industrial and commercial secrets.
7. The judicial authority imposes on the loosing part payment of the legal costs of the winning party, including counsel fees, unless you consider the matter doubtful.
8. The measures included in the letters c and e of paragraph 2 of this article are executed at the expense of the infringer, unless al·leguin founded reasons because it is not so.
9. The measures set out in the letters a and e of paragraph 2 of this article may also be requested, when are appropriate, against intermediaries whose services along a third party to infringe patent rights, although the acts of these intermediaries do not constitute by themselves a violation, without prejudice of what is available in other regulations. These measures must be objective, proportionate and non-discriminatory.
10. The proprietor of the patent may not exercise the actions set out in this chapter in front of those who exploit the objects that have been introduced in the trade for people who have properly compensated for the damages caused.
Article 49 Counterclaim or exception before the action for infringement of the rights deriving from a patent the person against which exerts an action for infringement of the rights deriving from a patent may submit, in all kinds of procedures, by way of counterclaim or to the exception, the total or partial nullity of the patent of the actor, in accordance with the rules of procedural law in force at any given time. For this purpose, taking into account the provisions of article 57.
Article 50 Compensation for damages 1. The compensation for damages caused to the owner of the patent or, where applicable, the Licensee understands, not only the value of the loss you have suffered, but also of the gain you have left to get the holder due to the violation of their rights. The compensatory amount may include, where applicable, the costs of research in which it is incurred for reasonable evidence of the Commission of the offence object of judicial procedure.
2. To fix the compensation for damages are taken into account, your choice of the injured party: a) The negative economic consequences, among which there are the benefits that the owner should be retrieved from the expected exploitation of the patented invention if it had not been the responsibility of the offender and the benefits that the latter has obtained from the exploitation of the patented invention. In the case of moral damage is coming from the compensation, although not tested the existence of economic damage;
b) the amount as the price the offender would have had to pay the owner of the patent for the granting of a license that would have allowed him to carry out his operations in accordance with law. To fix it you take into account, among other factors, the economic importance of the patented invention, the duration of the patent at the time when he started the violation and the number and type of licenses granted at the time.
3. When the injured party choose, to set the gain left to get, one of the criteria set forth in the letters a or b of paragraph 2 of this article, may be included in the calculation of the benefits, in the proportion that the judicial authority deems reasonable, are produced by the exploitation of the things of which the invented object constitutes essential part from the commercial point of view. It is understood that the invented object constitutes an essential part of a good from the commercial point of view when the consideration of the invention incorporated a determining factor for the demand of the right mentioned.
4. The holder of the patent may also demand compensation of damage that involves the loss of the patented invention caused by the offender through a faulty production or inadequate presentation of this invention on the market.
5. Compensation due to those who have produced or imported without the consent of the proprietor of the patent the object invented, it deducted the compensation that this headline should be perceived by the very concept of who has exploited in any other way the same object.
6. In order to fix the amount of damages suffered by the unauthorized exploitation of the invention, the proprietor of the patent may require the display of the documents of the head that can be used for this purpose.
7. Only you can claim compensation for damages by the events that have taken place within the five years prior to the date in which they exercise the corresponding action.
8. Every person who, without the consent of the proprietor of the patent or the licensee to whom the license allows you to grant it, perform any act of exploitation of the subject-matter protected by the patent, which are required to compensate for the damages and damages that have been caused if they have been warned by the holder of the patent or his licensee with respect to the existence of this invention , duly identified, and their violation, with the requirement that they no longer hold, or if its performance has been involved in fault or negligence.
Article 51 precautionary measures 1. The judicial authority may order, prohibit by injunction, at the request of those who can exercise according to the law, those actions that ensure properly the complete effectiveness of the eventual failure that at the top, and in particular the following: a) the cessation of any unauthorized use of the patented invention and all intend to use of the patented invention;
b) sort the Constitution of guarantees to ensure, where applicable, the compensation of the said owner or licensee;
c) Ordered that action is taken to preserve relevant evidence in respect of the alleged violation.
2. The request for provisional measures, established in paragraph 1 of this article will only accept students if the underlying stock looks good right and if there is a risk of damage that may occur founded deriving from the use of a patent for the time necessary to obtain a judicial resolution. The judicial authority may subordinate the precautionary measures on the afiançament to the Constitution, to whom the urges, of guarantees to ensure the eventual compensation for the prejudice suffered by the person concerned in the event that it considers that the action is lacking in Foundation.
3. The judicial authority may order the measures established in paragraph 1 of this article without listening to the other party, in particular when any delay caused probably irreparable damage to the injured party, or when it can prove a risk of evidence being destroyed.
4. If, according to paragraph 3 of this article, has ordered an injunction without hearing the part, it must notify without delay this decision. In any case, the part affected by the provisional measure may be opposed to it and the judicial authority should decide, without any other procedure, if the move is confirmed, amended or revoked. This decision, whether it's the mayor who has dictated, is apel·lable.
5. If the holder or, if this is the case, the licensee, does not exercise the main action within the period of twenty working days or thirty-one days – which expires later – from the date on which the holder or, if applicable, the licensee, he received the notification of the injunction, or within another period determined by the judicial authority which has agreed to the extent the injunction is without effect, without prejudice to compensation for damages which may be claimed by the party affected by the injunction.
6. If a provisional measure is revoked or ceases to have effect, or if you discover later that there is no violation of or risk of infringement of the patent, the judicial authority may, at the request of the party affected by the provisional measure, who has urged the provisional measure indemnitzi the part affected by the harm caused , including counsel fees.
7. If a provisional measure before the presentation of the principle of proof established in article 28, and has started a procedure in accordance with article 48, this procedure should be suspended until it has this principle of proof. In this case, the judicial authority may: a) agreed that provisional measures be lifted, decision subject to the provision of guarantees on the part of the defendant in order to ensure the compensation of the plaintiff for any damage you have as a result infractores activities of the respondent; or b) agreed that provisional measures should continue in force decision subject to the provision of guarantees on the part of the plaintiff in order to ensure the compensation of the defendant for any damage you have if the action finally is considered to be unfounded. This decision can only be taken in the event that the plaintiff show that the principle of the test is processed diligently.
8. If the judicial authority agrees to an order in accordance with paragraph 7 of this article, after hearing the defendant, the court sets a period during which they must present the beginning of the test and will have to follow the procedure. If this test principle is not presented within this deadline established, the judicial authority should be left without effect the precautionary measures.
9. Subject to the conditions of any provisional measure established in this article, the owner of the patent, or if this is the case, the licensee, has the right to proceed at any site, on the part of the judicial authority, assisted by experts of its choice, either the detailed description, with or without sampling, either in the actual abduction of goods that violate their rights.
Article 52 customs retention 1. Without prejudice to the established in the previous article, the owner of a patent, or in your case, the llicencitari of this, has the right to request the competent body on customs hold goods when suspected that these violate their patent rights.
2. The request of intervention referred to in paragraph 1 of this article, shall be carried out in accordance with the procedure foreseen in articles 82 to 91 of the law of Customs Code of June 20, 1996, for counterfeit goods and pirated goods. These provisions apply mutatis mutandis to cases of goods that violate patent rights. In the event that the aforementioned provisions replacing by others, requests for intervention will be carried out in accordance with that established by the customs legislation in force at any given time.
3. During a procedure of intervention, the declaring of goods can issue a written statement that allows the destruction of these. In the case that there is this consent of declaring of goods, the holder of the right, or in your case the licensee, you must start the civil procedure and/or criminal proceedings in order to assert their rights.
Article 53 Declaration of non-infringement 1. Any person interested may apply to the judicial authority, by means of a procedure against the proprietor of the patent, claiming that the implementation of a specific Act does not constitute a violation of the rights set forth in articles 31 or 32.
2. The person concerned, prior to the filing of the lawsuit, should require by the proprietor of the patent for directors on the oposabilitat between the patent and the industrial exploitation that the Summoner takes place on Andorran territory or in front of the serious and effective preparations to develop for these purposes. After three months from the date of the requirement without which the proprietor of the patent has been pronounced or when the Summoner is not in accordance with the reply, you can exercise the action set out in paragraph 1 of this article.
3. The validity of the patent may not be put in question during this procedure.
4. you may not exercise this action while the Act in question is the subject of a procedure for injury to the right of the owner of a patent against the person mentioned.
5. You may not exercise the action mentioned in paragraph 1 of this article who has been sued for the violation of the patent in question.
6. The demand must be notified to all holders of rights in the patent that are properly registered in the register of Patents, so that they can appear and participate in the process. However, the contractual llicienciataris cannot appear, if this is available in your license agreement.
Eighth chapter. Changes in patents, resignation and invalidation Article 54 Changes in patents 1. The owner of a patent may request the Patent Office to make changes in the patent in order to limit the extent of the protection which is conferred.
2. The owner of a patent may request the Patent Office to make changes in the patent in order to correct errors or other mecanogràfics made in good faith.
3. The owner of a patent may request the Patent Office to modify the name or address of the proprietor of the patent must be registered in the register of Patents, provided that the modification does not involve a change of person or of the legal personality of the owner.
4. None of these changes to the patent may not extend beyond the content of the application as it was presented to the filing date.
5. If the Patent Office accepts the changes related to the patent requested in accordance with paragraphs 1 to 4 of this article, and to the extent you do, you must register the changes in the register of Patents and published them.
Article 55 Resignation 1. The owner can give up all of the patent, to one or more claims of the patent or a part of one or several claims.
2. When the renunciation is partial, the patent is still in force with reference to the claims not included in the renunciation, provided that may constitute the object of a separate patent and that renunciation does not involve the extension of the subject-matter of the patent beyond the content of the patent application, as it was presented.
3. The waiver must be notified in writing to the registry of Patents and is considered to have taken place at the time of their entry in the register of Patents.
4. A list of registered in the register of Patents, the Patent Office shall publish in the bulletin all patent waiver, as well as any changes undergone by a patent as a result of a partial waiver.
5. you may not allow the disclaimer of the owner of a patent on which exist in rem rights or licenses registered in the patent Register without the consent of the holders of registered rights record.
6. you can Either accept the disclaimer to a patent the ownership of which has been claimed by a third party without the consent of that third party.
Article 56 Termination a patent expires: 1. At the end of the period laid down in article 37.
2. If the proprietor of the patent is there waiver, on the date on which the resignation is effective.
3. If a maintenance fee and any additional fee have not been paid in due time, to the date of expiration of the maintenance fee.
Article 57 statement of Nullity 1. Every person can urge before the judicial authority a procedure for declaration of nullity of a patent, either totally or partially, but only for any of the following: a) the subject-matter of the patent is not patentable according to articles 3 to 7;
b) the patent does not disclose the invention in a manner sufficiently clear and complete so that it can carry out an expert in the matter;
c) the subject-matter of the patent extends beyond the content of the application as filed or, if the patent was granted on a divisional application, the content of the original application as filed;
d) The proprietor of the patent is not entitled, in accordance with articles 9, 10 or 11. This reason can only be invoked by a person who alleged that it has the right to the patent.
2. The Declaration of nullity of a patent can be urged during their legal life and, even, within a period of five years after its extinction, according to article 56.
3. If the grounds for invalidity affect the patent only in part, the judicial authority must declare a partial nullity that limit the extension of the patent.
Article 58 effects of the Declaration of invalidity 1. The Declaration of nullity means that the patent was never valid, and it is considered that neither the patent nor the application that originated the effects never had no established in this law.
2. Without prejudice to the compensation of damages which should be reciprocated when the patent holder had acted in bad faith, the retroactive effect of the invalidity does not affect: a) The resolutions on violation of the patent which had acquired force of res judicata and have been executed prior to the Declaration of invalidity;
b) contracts concluded before the Declaration of nullity, to the extent that they had been executed in the past. However, for reasons of equity and to the extent that the circumstances justify it, it is possible to claim the refund of sums paid under the contract.
3. once it is firm, the Declaration of nullity of the patent has the force of res judicata in front of everyone.
Chapter nine. Validation of European patents in the Principality of Andorra Article 59 effect of the European patents validated from the moment you enter into force an agreement for the validation of European patents between the Principality of Andorra and the European Patent Organisation, a European patent application and a European patent validated in the Principality of Andorra will produce the effect of a national patent application and a national patent in accordance with the law without prejudice to the provisions for the execution of the content of the agreement of validation.
Tenth chapter. International applications according to the Patent Cooperation Treaty, Article 60 of the Patent Cooperation Treaty Application 1. Provided that this law will make a reference to the Patent Cooperation Treaty, done at Washington on 19 June 1970, this reference includes the regulations of the Patent Cooperation Treaty and the administrative instructions under the Patent Cooperation Treaty.
2. The Patent Office has to process international applications in accordance with the provisions of the Patent Cooperation Treaty done at Washington on 19 June 1970 and of this law, and all other applicable regulations. In the event of conflict between the provisions of the Patent Cooperation Treaty and the provisions of this law and any applicable legislation, treaty provisions take precedence of cooperation in the area of patents.
3. in the Rules of execution can include more details about the processing of international applications and other functions of the Patent Office in relation to the Patent Cooperation Treaty, done at Washington on 19 June 1970, including deadlines and other requirements relating to international applications. The law of Patent Office fees has to fix the fees payable in connection with international requests.
Article 61 International Applications filed at the Patent Office as receiving Office 1. The Patent Office acts, in accordance with the provisions of paragraph 3 of this article, as a receiving Office in respect of an international application filed by a resident or a national of the Principality of Andorra.
2. An international application filed at the Patent Office as receiving Office has been present in Catalan with a translation into a language accepted by the Administration that it is competent to perform the international search and, where applicable, the international preliminary examination of this request. Have to pay the Patent Office transmission rates set forth in the law of Patent Office fees. All of the above regulates in the form established in the rules of execution.
3. The Government can establish an agreement of the kind referred to in rule 19.1. b of the regulations of the Patent Cooperation Treaty by which an intergovernmental organisation or the national Office of another Contracting State of the patent cooperation treaty acts instead of the Patent Office as a receiving Office for the depositors who are residents or nationals of the Principality of Andorra.
Article 62 the European Patent Office as a designated or elected Office 1. Without prejudice to the provisions in paragraph 2 of this article, the Patent Office acts as designated Office or elected in relation to any international application designating or choose in the Principality of Andorra.
2. When an agreement for the validation of European patents between the Principality of Andorra and the European Patent Organization comes into force, any international application by means of which the Principality of Andorra be appointed or elected for the granting of a patent in accordance with the provisions of the Patent Cooperation Treaty, done at Washington on 19 June 1970 , will be considered as a request for validation of a European patent in the Principality of Andorra, and the European Patent Office acts as designated or elected Office under the Patent Cooperation Treaty.
Article 63 national Procedure the Patent Office as a designated Office or elected not to start the processing of an international application designating or choose the Principality of Andorra before the expiry of the period referred to in article 64.1, unless the applicant complies with the requirements of that article and submit to the Patent Office an express request for early start of this procedure.
Article 64 entry into the national phase 1. When the Patent Office acts as a designated or elected Office, the applicant shall pay, before the expiry of the period applicable according to articles 22 or 39 of the Patent Cooperation Treaty, done at Washington on 19 June 1970 or later period that may be prescribed in the regulations, the filing fee established by law and Patent Office fees If requested, you must submit a translation according to the terms established in the implementing regulations.
2. For the purpose of paragraph 3 of article 5, any international application designating in the Principality of Andorra, for the purposes of obtaining a national patent, is taken into account only if it has been duly paid the filing fee and, if requested, has been presented the corresponding translation.
3. If the filing fee has not been paid properly or the translation has not been presented within the time limit applicable according to the paragraph 1 of this article, the international application is considered withdrawn.
Article 65 amendment of the claims, the description and the drawings before the designated or elected Office 1. The applicant must have the opportunity to amend the claims, the description and the drawings submitted to the designated or elected Office within the deadline established by the regulations. The designated or elected Office shall not grant a patent or refuse its concession before the expiration of this period, except with the express written consent of the applicant.
2. When the designated or elected Office requires a translation of the international application, any amendments must be submitted in the language of the translation.
Article 66 the European Patent Office as directors in charge of carrying out the international search report and, where applicable, the international preliminary examination in the European Patent Office will be the Administration in charge of carrying out the international search report and, if requested, the international preliminary examination of international applications filed in the Principality of Andorra as a receiving Office.
The eleventh chapter. Common provisions Article 67 re-establishment of rights 1. The applicant or the holder of a patent in Andorra that, despite having shown all due diligence that the circumstances required, has not been able to meet a deadline before the Patent Office, he reset the rights, after making the request, in the event that the non-has given rise, as a direct consequence, by virtue of provisions of law or its implementing regulations , to the dismissal of the application for patent in Andorra, considered to be withdrawal of the patent application in Andorra, the nullity of the patent or the patent for the loss of the Andorran Andorran any other right or means of appeal.
2. The petition must be filed in writing within a period of two months from the date of the disappearance of the causes that have given rise to the non-period. The events that have not been carried out must be made within this period. The request is admissible only within the period of one year from the expiration of the time limit not observed. In the case of non-payment of an annual rate, the deadlines to pay to surcharge will deducted from the period of one year.
3. The petition must be motivated and must indicate the facts and the reasoning that is cited to support it. Only if it has been deemed to have been paid the rate of re-establishment of rights.
4. Anyone who during the period between the loss of a right referred to in paragraph 1 of this article and the publication of the note of the re-establishment of the said law has started in good faith to exploit or make serious and effective preparations to exploit the invention that is the subject of a patent application published, or of a patent, you can continue , free, this working in your business or for the needs of your company.
5. The rules contained in this article shall apply, mutatis mutandis, to the fulfilment of the formalities and the payment of the fees for international applications in which the preceding chapter.
Article 68 Resources any person directly affected by a decision of the Patent Office may lodge an appeal against the decision, in accordance with the provisions of the legislation.
69 article 1 Jurisdiction. Without prejudice to the provisions of the eighth chapter, the judicial authority or, if appropriate, civil and criminal, has the exclusive jurisdiction of any dispute between individuals in relation to a patent application or a patent, in particular with regard to: a) All demand for precautionary measures or practice of preliminary proceedings;
b) all action for infringement or for a declaration of non-infringement of a patent or of a patent application;
c) all action for a declaration of nullity of a patent;
d) All action on the right to the patent, on the property or the transfer of a patent application or a patent, or a license contract.
2. All civil litigation that may arise out of the provisions of this law shall be processed by the criminal summary procedure.
Article 70 representation before the Patent Office 1. The natural or legal persons who have no residence or headquarters in the Principality of Andorra should be represented by a patent agent and act by means of this agent in all actions before the Patent Office, except for the exceptions established by certain actions in accordance with the implementing regulations.
2. natural or legal persons who have the residence or head office in Andorra can be represented, in the proceedings before the Patent Office, to an employee or other representative who should not necessarily be a patent agent.
3. All representative must be authorized in accordance with the provisions of the implementing regulations.
Patent Agents article 71 1. Can only act as patent agents natural persons registered in the register of Patent Agents that brings the Patent Office.
2. Can I register in the register of Patent Agents: a) Who has an official university qualifications and recognised in the Principality of Andorra Andorran nationality or permanent residence, is effective and in the Principality of Andorra, and completed the course and passed the exam which is convened by the Patent Office.
b) Who is representative of the Principality of Andorra Andorran nationality or permanent residence, is effective and in the Principality of Andorra, and completed the course and passed the exam which is convened by the Patent Office.
c) Who have passed the examination of patent agents of the European Patent Office (EQE) Andorran nationality or permanent residence and effective and in the Principality of Andorra.
72 article Quotes All administrative or judicial subpoena to an applicant or a holder of a patent represented before the Patent Office for a patent agent in accordance with paragraph 1 of article 71, is sent to the address of the patent agent. This quote is understood to have, to all intents and purposes, received by the applicant or by the owner, within the deadline established by the administrative or judicial authority, that under no circumstances can you do with a period of notice less than thirty calendar days from the date of receipt by the patent agent.
Chapter XII. Fees of the Patent Office Article 73 Fees the fees required for the registration and maintenance of a patent, as well as for all other registration established in the law, and for all service you can check the Patent Office, as established by the regulations, are set by law.
Repealing provision With the entry into force of the law abolishes all rules of equal or lower rank that object and, in particular, the patent law of 10 June 1999, as well as article 53 of law 35/2008 of 18 December, of the code of labour relations.
First final provision. Regulatory approval because Government empowers deployment the development rules and agreements or instruments necessary to carry out the validation of European patents in the Principality of Andorra, as well as an eventual accession of the Principality of Andorra to the Patent Cooperation Treaty, done at Washington on 19 June 1970, and the Convention on the grant of European patents , done at Munich on 5 October 1973.
Second final provision. Regular deployment the Government approved regulatory provisions empowers necessary because that requires the development of the law.
Third final provision. Patent and Trademark Office of the Principality of Andorra 1. All legal or regulatory references made in the trademark office or in the Patent Office must be understood made in the Patent and Trademark Office of the Principality of Andorra (PRINCIPALITY).
2. All mention is made in the current regulations to the director of the Office of marks, the Patent Office or the Patent and Trademark Office of the Principality of Andorra (PRINCIPALITY) must be understood made to the authority which is in charge of the latter.
The fourth final provision. Entry into force
The law will come into effect in a month to be published in the official bulletin of the Principality of Andorra, with the exception of the ninth chapter, which will come into force on the date the agreement comes into force validation of European patents between Andorra and the European Patent Organization, and of the tenth chapter, who will do it when it comes into force the Treaty of cooperation in the area of patents , done at Washington on 19 June 1970, in the Principality of Andorra.
Casa de la Vall, 30 October 2014 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra