Law 27/2014, The 30Th Of October, Patent Office Fees
Original Language Title: Llei 27/2014, del 30 d’octubre, de taxes de l’Oficina de Patents
Read the untranslated law here: https://www.bopa.ad/bopa/026067/Pagines/lo26067005.aspx
lo26067005 law 27/2014, the 30th of October, Patent Office fees since the General Council in its session of October 30, 2014 has approved the following: Law 27/2014, the 30th of October, Patent Office fees preamble this law deploys the article 73 of the Patent Act, which provides that the fees required for the registration and maintenance of a patent , as well as for all other registration established in the Patent Act, and for all other services that may be made to the Patent Office, as established by the regulations of the patent law, shall be set by law.
Article 1 Creation Will create the rates to which refers article 73 of the law of patents, which are governed by this law and, where appropriate, to the regulatory provisions that the derived therefrom.
Article 2 Management of Patent Office is responsible for the management and collection of the fees covered in this law.
Article 3 Fact Generator Are generators made of the fees covered in this law the registration and the maintenance of a patent, as well as other inscriptions relating to a patent, and other services carried out by the Patent Office referred to in this law.
Article 4 Required the payment of the fee required for the payment of the fee is the natural or legal person, national or foreign, that requests one or more registrations or services constituting a fact generator.
Article 5 Accrual and payment 1. The fee is payable at the time of applying for the registration or the service establishing a fact generator.
2. In any case, the inscription or the corresponding service will not be provided until the fee is not received by the Patent Office.
3. The non-payment of the fee within the deadline that deprived of all effectiveness the Act for which that rate would have had to pay.
4. When you stop paid a rate established to process the application for a patent, it is understood that the request has been withdrawn.
Article 6 payment of annuities 1. To maintain in force the patent, the owner must pay the maintenance fees or maintenance fees listed in this law.
2. The maintenance fees have to be paid for years advanced for the entire duration of the patent. The expiration date of each year is the last day of the month of the anniversary of the date of submission of the application for the patent.
3. The payment of the installments must be made within three months prior to the expiration date of each annuity or the month after the date mentioned. If you cannot satisfy the amount in this period, you may pay the same with a surcharge of 25 to 100 within the first three months counting from the month after the date of expiration of the corresponding annual period and a 50 to 100 within three months following the mentioned first three months, up to a maximum of six months of delay. However, in the six months following the said six months of delay, and up to a maximum of time that matches the date of the anniversary next year, the interested party may regularize the payment of the annuity is not paid, by paying a fee equal to the amount of the twentieth year.
4. The fee that must be paid at the time of filing of the patent application does not accept payment of the maintenance fees or first two years.
Article 7 Return of the fees fees paid must be returned automatically to the person who is required to pay if the inscription or the service is not provided due to causes attributable to the Patent Office.
Article 8 Fees 1. The fees for registrations and other services rendered by the Patent Office are the following: registration and application services) in the granting of patents: fee for the application is 135 € fee for granting € 25 fee for amendment, correction or withdrawal of the application fee for application Division 25 € 25 € b) complementary services : fee for claiming foreign priority 25 € c) services of registration and modification in the register of Patents: for Rate changes and modifications to the patent, including the waiver of 40 € fee for registration of the change in the ownership or the rights of a patent application or of a patent granted 40 € fee for registration of licenses 40 € fee for processing of each of the offerings of licenses of right 40 € fee for other types of procedures in the register of € 95 patents) services to certify the patent agents before the Patent Office: fee for the completion of the course and the knowledge examination for patent agent and, in case of passing said exam, for the registration in the register of Patent Agents € 400 e) Maintenance Fees or annuities: 1st year 2nd year 3rd year € 0 € 0 € 15 4th year 20 € 5th year 35 € 6th year 50 € 7th year 60 € 8th year 85 € 9a annuity annuity annuity 145 € 100 € 120 € 10a 11a 12a 13a 14a annuity annuity annuity € 170 € 195 225 € € 250 € 285 annuity annuity 15th 16th 17th year 18th year 19th year € 350 € 315 385 € 20th year 420 € f) restoration of rights: fee for re-establishment of rights € 250 g) services in relation to international applications:
Rate of transmission of international applications the international filing fee: 70 €: € 1,084 international research Rate: 1,875 € filing fee for entry into the national phase of the international applications: 112 € 2. Public prices that should satisfy the Patent Office are set by Decree of the Government.
The additional provision law of general budget can update the Patent Office fees established in this law.
First final provision if it is the case, the Government will establish regulatory provisions necessary to apply this law.
Second final provision this law shall enter into force at the end of a month to be published in the official bulletin of 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.
François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra
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