Patent law since the General Council in its session of June 10, 1999, has approved the following: patent law preamble chapter i. form of protection and patentability Article 1. Protection of inventions Article 2. Conditions of patentability Article 3. New Article 4. Inventive advance Article 5. Industrial applicability Article 6. Chapter II grace period. The right to a patent; mention of the inventor Article 7. The right to a patent Article 8. Employee inventions and commissioned by Article 9. Mention and designation of inventor chapter III. The application and procedure up to grant Article 10. Requirements of the application Article 11. Filing date Article 12. Disclosure of invention Article 13. Claims Article 14. Summary Article 15. Unity of invention Article 16. Division of an application Article 17. Priority right Article 18. Amendment, correction and withdrawal of a request Article 19. Publication of the application, the provisional protection and inspection of the dossiers on Article 20. Examination of application and grant of the patent Article 21. Confirmation of the patent granted Article 22. Register of patents chapter IV. Effects of a patent Article 23. The rights conferred by a patent Article 24. Previous user Article 25. Duration of the patent and maintenance fees Article 26. Extent of protection and interpretation of claims, chapter v. Joint Ownership and change in ownership of the patent application or of the patent Article 27. Change in ownership of the patent application or of the patent Article 28. Legal transfer of the patent application or of the patent Article 29. Joint ownership of patent application or of the patent chapter VI. Contractual licenses and licenses of right Article 30. Article 31 license contract. Rights of the licensee Article 32. Licensor's rights Article 33. Chapter VII law licenses. Compulsory licenses Article 34. Chapter VIII compulsory licenses. Actions against the injury to the rights of the owner of a patent; procedural rules Article 35. The right to exercise an action; actions; procedural rules Article 36. Compensation for damages Article 37. Precautionary measures and preliminary proceedings Article 38. Customer retention to customs Article 39. Declaration of non-infringement chapter IX. Changes in patents, renunciation and invalidation Article 40. Changes in patents Article 41. Waiver Article 42. Extinction Article 43. Revoking Article 44. Effect of revocation or limitation chapter X. Extension of the European patents Article 45. Extension of European patents Chapter XI. International applications according to the Patent Cooperation Treaty Article 46. Application of the Patent Cooperation Treaty Article 47. Filing date and effects of the international applications which designate Andorra Article 48. International applications filed with the Patent Office as receiving Office Article 49. The Patent Office as designated Office and elected Article 50. National processing Article 51. Entry into the national phase chapter XII. Common provisions Article 52. Additional processing Article 53. Resources Article 54. Jurisdiction Article 55. Representation before the Patent Office Article 56. Patent agents Article 57. Quotes additional provision repealing provision first final provision second final provision preamble the protection of inventions by means of patents is consolidated in all developed countries. Has become a necessary condition for the development of economic activities around research and productive activities that incorporate or use inventions. Patent law continues the progression-which began with the trademark law-towards the establishment in Andorra of a harmonized system of industrial property with the rest of the United States. The existence of this system is a necessary condition for the development of economic sectors that incorporate elements of industrial property in their products or services. Patent law grants a modern protection to Andorra Andorran both inventors as well as foreign, and how to access simultaneous records or regional mechanisms from Andorra, as the Patent Cooperation Treaty or the extension of European patents. The level of protection for all invention achieved with this law allows Andorra to accede to international agreements for reciprocity, for Andorran inventors to protect their inventions in the majority of countries.

Patent law grants a right of ownership over an invention that meets the requirements of novelty, inventiveness and industrial applicability advance. Is a right of ownership limited to a period of 20 years, non-renewable.

Is the inventor who has the right to the patent, except in the case of inventions of employees or to order, cases in which the right belongs to the person who commissioned the work or to the employer.

For the obtaining of the patent is necessary to apply for and obtain registration. The Patent Office of Andorra made an examination of formalities of the application, giving, where appropriate, the registration of the patent. This invention alone does not allow the holder to exercise legal action against third parties if you do not get a confirmation of patentability. The owner of a patent in Andorra has a term of ten years from the filing date of the application, to present documentary evidence that the patented invention meets the requirements of novelty, inventiveness and industrial applicability advance. Documentary proof is considered all patent granted for the same invention by a Patent Office enabled to act as directors in charge of the international examination according to the Patent Cooperation Treaty. If the cardholder confirms the patentability of the invention, then the proprietor of the patent may assert their rights against third parties, with effect from the date of deposit.

The inventor is not obliged to pay all fees at the time of the request. The maintenance of the validity of a patent is subject to the payment of annual fees, facility that allows the inventor even pay the taxes for the period during which you would like to have the patent in force.

Patent law establishes the actions that can be undertaken against the infringement of the rights of the owner of a patent, procedural rules which comply with the requirements of the agreement on the aspects of intellectual property rights relating to trade (TRIPS) of


the World Trade Organization.

The law includes the possibility that the inventions obtained protection in Andorra through a territorial extension of a European patent, a large number of inventions are protected under this mechanism of international protection. The fact of being one of the States that can be covered under this mechanism allows facilitating the obtaining of protection of the invention in Andorra. The law also includes the possibility of submitting applications for registration of a patent under the PCT (Patent Cooperation Treaty) and that Andorra is one of the United States that all applicant under the PCT may elect as a State for which registration is sought of the patent. This device allows to obtain a patent in Andorra in a more simple and allows the people of Andorra to obtain the protection of their inventions around the world much more easily and inexpensively.

1. The form of protection and patentability Article 1 protection of inventions patents protect inventions in accordance with the provisions of this law.

Article 2 conditions of patentability 1) an invention is patentable if it is new, involves an inventive step and is susceptible of industrial application.

2) 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) schemes, rules and methods for performing intellectual activities, participate in games or doing business, and programs for computers;

d) presentations of information.

3) the provisions of paragraph 2) of this article exclude the patentability of objects or activities to which reference is made in the said section only to the extent that a patent application or a patent will refer to some of these objects or activities as such.

4) will not be granted a patent in respect of: a) inventions the exploitation of which is contrary to public order or public morality, provided that such use is not considered to be contrary merely because it is prohibited by the Andorran legislation;

b) 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 3 Novelty 1) it is considered that an invention is new when it is not part of the State of the art. For the determination of novelty, items of prior art may only be taken into account individually.

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) is also included in the State of the art content of any application for a patent filed in Andorra or Andorra effects, 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 that application, be prior to the date referred to in paragraph 2) of this article.

4) the provisions of paragraphs 1, 2 and 3))) of this article do not exclude the patentability of any substance or composition, contained in the State of the art, for use in any of the methods referred to in article 2.4) b), provided that their use in this method is not included in the State of the art.

Article 4 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 of understanding in the matter.

If the State of the art also includes documents within the meaning of article 3.3), these documents are not to be taken into account when deciding whether there has been an inventive step.

Article 5 industrial Applicability is considered that an invention is susceptible of industrial application if it can be produced or used in any kind of industry, including agriculture.

Article 6 1 grace period) The disclosure of information of an invention the subject of a request shall not affect the patentability of the invention if the information was disclosed during the 6 months prior to the filing date of the application or, if a priority is claimed, during the six months prior to the priority date of the application: a) by the inventor or any person who on the date of deposit of the application, have the right to the patent;

b) by a patent office and the information was contained: i) in another application filed by the inventor and should not be disclosed by the Office, or ii) in an application filed without the knowledge or consent of the inventor by a third party which obtained the information directly or indirectly from the inventor;

c) by a third party which obtained the information directly or indirectly from the inventor.

2) the effects of paragraph (1)) of this article may be invoked at any time.

Chapter II. The right to a patent; mention of the inventor in a patent Law Article 7 1) the right to a patent belongs to the inventor or who he brings causes. Joint inventors have the same rights, unless they agreed to otherwise.

2) 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 application has been posted.

3) 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 8 employee Inventions and commissioned 1) however the provisions of article 7, when an invention is generated in 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 generated in 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.

Article 9 appointment and Mention of the inventor 1) the inventor has the right, in respect of the applicant or the proprietor of the patent, to be mentioned as such before the Patent Office.

2) the application must designate the inventor or, if there is more than one, all of the inventors. If the applicant is not the inventor or the sole inventor, the applicant must indicate the legal foundations of its legitimacy to present the request.

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.

Chapter III. The application and procedure up to grant application requirements Article 10 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) a description of the invention;

c) one or more claims;

d) all drawing mentioned in the description or the claims;

e) 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 request for the grant of a patent has to be written in Catalan.

Article 11 filing date 1) The filing date of an application is the date of receipt by the Patent Office of a request that contains, at a minimum, the following elements: a) an indication that a patent is sought;

b) information identifying the applicant;

c) a section that, at first glance, it looks like a description of an invention, or a reference written in Catalan of a request previously deposited.

2)) if the Patent Office finds that, at the time of the receipt of a request, have not been fulfilled the requirements referred to in paragraph 1) of this article, it must require the applicant to comply with the requirements of form specified in the implementing regulations. If the applicant complies with the requirements, the filing date of the application shall be the date of receipt of all the elements that are missing. If the applicant does not meet the requirement, the application 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 shall be the date of receipt of the missing drawings. If the applicant does not meet the requirement, the filing date will be the date of receipt of the application and any reference to drawings must be considered as deleted.

3) When it was agreed to a filing date to the application, the Patent Office shall inform the applicant accordingly.

Article 12 Disclosure of the invention 1) the application must disclose the invention in a manner sufficiently clear and complete for the invention to be able to carry out a person understanding in the matter.

2) if the application refers to biological material which cannot be disclosed in the application in a way that allows that the invention can carry out a person understood in the art and such material is not available to the public, the application shall be supplemented by a deposit of such material in a depositary institution recognized in the manner set out in the implementing regulations.

Article 13 Claims the claims define the scope of the protection sought. Should be clear and concise and should be based on the description.

Article 14 Summary the summary serves simply to be used as technical information. Cannot be taken into account for any other purpose and, in particular, cannot be taken into account for the purpose of determining the extent of the protection or to apply the article 3.3).

Article 15 unity of invention a 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 16 Division of an application 1) the applicant may divide a pending request into two or more applications ("divisional application") until the time when the initial application is in order for grant.

2) any divisional application shall be entitled to that assigned by the filing date and, if it claims a priority, assigned by the priority date of the initial request, provided that their contents do not go beyond the disclosure in the initial application as it was presented.

3) the documents relating to priorities presented in the Patent Office in relation to the initial application must be considered as submitted with regard to all divisional application.

Article 17 right to priority 1) as from the entry into force of the provisions of the Paris Convention for the protection of industrial property (hereinafter referred to as "the Paris Convention"), the application may contain, at the time of its filing, a declaration claiming priority, in accordance with the provisions of the Paris Convention, of one or more earlier deposits national, regional, or international, presented by the applicant or by his predecessor in law in any Member State or any effects or Member State bound by the Paris Convention. The effect of this Declaration will be the provisions of the Paris Convention.

2) if the request contains a declaration in accordance with paragraph 1) of this article, the applicant shall submit to the Patent Office, within the time limit laid down in the rules of execution, a simple copy or photocopy of all previous deposit on which is based its claim for priority.

3) if the Patent Office detects that you have not fulfilled the requirements of this article, require the applicant to submit the correction in the form established in the rules of execution. If the applicant does not meet the requirement, the statement referred to in paragraph 1) of this article shall be considered as if it had not been made.

4) after the previous payment of the fees laid down in the law of Patent Office fees, an applicant may submit a request to add a priority claim if the filing date of the


application is not later than the date of expiration of the priority period calculated from the filing date of the earlier deposit on which is based the claim for priority.

5) the application referred to in paragraph 4) of this article shall be presented in the form set out in the rules of execution and within the time limit of 16 months that expires before: or from the priority date or, if you add the priority claim causes a change in the priority date, to count the new priority date , with the condition that the request to add a priority claim cannot be filed after a period of 4 months after the filing date of the application for registration.

Article 18 Amendment, correction and withdrawal of a request 1) the applicant is entitled, on its own initiative, to amend or correct the application up to the time when the application has fulfilled 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.

3) the applicant may withdraw the application at any time while you are waiting, with no right to a refund of fees paid.

Article 19 publication of the patent application; temporary protection and consultation of files 1) the Patent Office shall publish as soon as possible after the expiry of the period of 18 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, any application deposited, except in the following cases: a) is not published any request if it is withdrawn or finally denied before you have completed the technical preparations for in the publication.

b) in the event that, prior to the expiration of the said period of 18 months, the applicant shall submit a request in writing to the Patent Office because his application is published, the Patent Office shall publish the application as soon as possible after receipt of the request.

2) the patent application provisionally confers on the applicant, as of the date of its publication, the same rights as would be conferred by a patent. It is considered that the patent application has never had these effects if it is withdrawn or finally denied.

3) once you have posted the application for patent, any person may consult the file of the application, in accordance with the conditions laid down in the implementing regulations.

Article 20 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 9 and 10.

2) 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 5, 12, 13, 15 and 18.2).

3) if the Patent Office considers that the application does not meet 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 implementing regulations. The application should be denied if the applicant is not correct the deficiencies indicated by the Patent Office.

4) 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 application. 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.

5) if the applicant has filed a request for early publication of the application, in accordance with article 19.1) b), you can request that the patent be granted immediately after the publication of the application.

Article 21 of the patent granted Confirmation 1) without prejudice to the provisions of article 45, the owner of a patent must be submitted to the Patent Office within a period of ten years from the filing date of the application, documentary evidence that the patented invention complies with the requirements of articles 2 and 5, 12 and 13. If you do not have these documentary evidence confirming it is considered that the patent and its application have not ever had the effects set out in articles 19.2) first sentence and 23.

2) must be considered in the documentary proof of the effect section 1) of this article, any patent for the same invention granted by the European Patent Office or any other Patent Office also acts as an administration in charge of the international examination, in accordance with the Patent Cooperation Treaty (PCT), after some soul-searching about whether this invention complies with the same requirements , or the corresponding requirements, to relating to the articles 2 and 5, 12, 13 and 18.2).

3) in the event that the extension of the protection conferred by the patent as granted will spread beyond the patent filed as evidence in accordance with paragraph (2)) of this article, the owner of the patent has to amend the specificities of the patent by limiting the extension of the protection to be briefed to the test.

4) the patent does not have effects against third parties until the specificities of the patent have been cinched in the tests, in accordance with the provisions in paragraph 3) of this article.

However, the precautionary measures provided for in article 37 are applicable from the date of grant of the patent, subject to the provisions of article 37.8) and 9).

Article 22 patent Register 1) the Patent Office a patent Register in which to register the patent applications and patents granted.

2) in the register 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 in accordance with what is established in this law, will boast certain, unless proof to the contrary.

4) the register of Patents is public and can be consulted in accordance with the conditions laid down in the implementing regulations.

Chapter IV. Effects of a patent Article 23


The rights conferred by a patent 1) a patent is a property right.

2) a patent confers on its owner, in particular, the exclusive right to use the patented invention, and to prevent any third party not having his consent: a) manufacturing, offering, the introduction on the market or use of a product is the object of the patent, or importing or stocking the product for these purposes;

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 to be used in Andorra;

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.

3) a patent also confer on its owner the exclusive right to prevent, to any third party not having his consent, that give or offer delivered to a person, other than a party entitled to exploit the patented invention, means relating to an essential element of that invention, for putting it into practice, when the third party knows or the circumstances that these means are suitable and are made to implement that invention. This provision does not apply when the means are commercial products running, unless the third party induces the person to whom it makes the delivery to commit acts prohibited by paragraph (2)) of this article. The people who perform any of the acts referred to in section 4. b) to d) of this article, are not considered parties authorised to exploit the invention.

4) 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 Andorra or to any other territory specified in the implementing regulations;

b) acts done privately and for non-commercial purposes;

c) acts done for experimental purposes relating to the subject-matter of the patented invention;

d) events consisting of 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;

e) the use of the patented invention in any space or air Widget, or land vehicle, foreigners that temporarily or accidentally enters the airspace or territory of Andorra, provided the patented invention is used exclusively in the construction or the operation of the space or air Widget, or land vehicle.

Article 24 the previous User 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 Andorra to use the invention or made serious and effective preparations for such use , has the right, for the purposes of his enterprise or business, to continue such use or to use the invention as planned in those preparations.

2) the right of prior user may only be transferred or transmitted together with your company or business, or with that part of his enterprise or business in which they have been doing the use or the preparations for use.

Article 25 term of the patent and maintenance fees 1) the duration of a patent is 20 years from the filing date of the application.

2) The maintenance of the validity of a patent is subject to the payment of the fees prescribed in the law of Patent Office fees. These taxes accrued each year after the year in which the patent has been granted.

3) When a maintenance fee has not been paid on the date of expiration established or before this date, still may be validly paid within a period of six months following the date, with the condition that he pay the surcharge established within this period.

Article 26 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 at the time when the fellow any violation are equivalent to the elements expressed in the claims.

3) in the determination of the extent of protection, must take into account any statement that limit without any ambiguity the scope of the claims made by the applicant or the proprietor of the patent during the negotiation of the concession, the confirmation or the validity of the patent.

4) if the patent contains examples of additions, functions or results of the invention, the claims should not be interpreted as being limited to these examples.

5) 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 in accordance with article 19. However, the patent, as has been granted or amended in a confirmation procedure according to article 21, or revoked in accordance with article 43, shall determine retroactively the protection conferred by the patent application, to the extent that such protection is not extended.

Chapter v. Joint Ownership and change in ownership of the patent application or of the patent Article 27 change in ownership of the patent application or of the patent 1) All contract for the transfer of a patent application or of a patent must be written. Otherwise is not valid.

2) All change in 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.

3) the transmission or the transfer of a patent application or of a patent does not affect the rights acquired by third parties before the date of this transfer or this assignment, and has effect with regard to third parties only after entry in the register of Patents.


Article 28 Transfer of judicial application for patent or the patent If a patent application has been filed by a person who is not entitled to the patent, according to articles 7 or 8, or a patent has been granted to a person who is not entitled to the patent, according to articles 7 or 8, the person who has the right according to the fingers articles can ask the Court to order the transfer to favor headquarters of the patent application or of the patent.

Article 29 joint Ownership of patent application or of the patent 1) In the case of joint depositors of a patent application, each one of them, without the agreement of the other, you may separately assign or transfer by succession his share of the application, but the depositors only sets together may withdraw the application or conclude license contracts with third parties with respect to the application.

2) in the event that there are proprietors of a patent, each of them, without the agreement of the other, you may separately assign or transfer by succession his share of the patent or to urge legal action in defence of the patent, but the proprietors only together can give up the patent or conclude license contracts with third parties with respect to the patent.

3) the provisions of this article are applicable unless otherwise agreed upon it of the depositors or proprietors.

Chapter VI. Contractual licenses and licenses of right Article 30 1 license agreement) a patent application or a patent may be the subject of a total or partial license. A license may be exclusive or non-exclusive. For the purposes of this law, "license contract" means any contract by which one party ("the Licensor") gives to another party ("the licensee") the right to perform any of the acts referred to in article 23.2) or 3) 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 registered in the register of Patents with the previous payment of the fee established in the law of Patent Office fees. Article 27.3) is applicable mutatis mutandis to the grant or transfer of a licence.

Article 31 rights of licensee 1) with the exception of Covenant in the opposite direction, the licensee is authorized to perform, in respect of the invention any of the acts referred to in article 23.2) or 3) without limitation of time, and for any application of the invention within the territory of Andorra.

2) except contrary agreement, the licensee may not authorize a third party to perform, in respect of the invention, any of the acts referred to in article 23.2) or 3).

Article 32 rights of Licensor 1) with the exception of Covenant in the opposite direction, the licensor may grant to a third party the right to perform, in respect of the invention any of the acts referred to in article 23.2) or 3) and has the legal authority to perform them himself.

2) however 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 article 23.2) or 3) covered by the contract mentioned, nor perform them himself.

Article 33 of law Licenses 1) in the event that the holder of a patent to present a written declaration to the Patent Office stating that it is prepared to authorize any person to use the invention as a licensee in return for appropriate compensation, the maintenance fees that win after the reception of the statement will be reduced in accordance with the regulations and the law of Patent Office fees.

2) the Declaration may not be filed while an exclusive licence is recorded in the register of Patents.

3) the statement may be withdrawn at any time by means of a written notification to this effect to the Patent Office, provided that no one has informed the owner of the patent of his intention to use the invention.

4) on the basis of the statement, any person shall be entitled to use the invention as a licensee in accordance with the conditions specified in the implementing regulations.

All license obtained in this way must be treated as a contractual licence.

5) does not support any application to register an exclusive license to the patent Register after having submitted the statement, except that this Declaration be withdrawn.

Chapter VII. Compulsory licenses compulsory Licenses Article 34 1) every person who proves his ability to make the patented invention within Andorra after having expired a period of four years from the filing date of your application or three years from the grant of the patent, the one that expires at a later date, you can request to the civil jurisdiction a procedure because it is granted by a compulsory license to exploit the patented invention If it is not made in Andorra or is insufficiently prepared to Andorra.

2) the scope and duration of any compulsory license are limited to the purpose for which it is granted, and this license is non-exclusive: a);

b), non-transferable, except with that part of the business or goodwill to which corresponds to this authorization;

c) granted exclusively for the supply of the internal market;

3) the granting of a compulsory license is subject to the payment of adequate remuneration to the owner of the patent. This license can only be granted if, previously, the person who asks has made efforts to obtain authorization from the owner in a reasonable commercial terms and conditions, and if such efforts have not been successful within a reasonable period of time.

4) cannot grant a compulsory license if the Court determines that there are circumstances that justify not identified or insufficient under the patented invention in Andorra and, in a particular way, if the product covered by the patent is entered in the Andorran market in a sufficient quantity to meet the needs in Andorra.

5) the procedure mentioned in paragraph 1) of this article follows the abbreviated procedure, and therefore the judicial authority gives both to the owner of the patent as the person requesting the procedure, a proper opportunity to present their arguments.

6) The proprietor of the patent may request before the civil jurisdiction a procedure because the license


compulsory to be revoked if the circumstances that led to its grant cease to exist and is not likely to go back to produce. The judicial authority should take into account in its decision the legitimate interests of the proprietor of the patent and the licensee.

Chapter VIII. Actions against the injury to the rights of the owner of a patent; procedural rules Article 35 entitled to exercise an action; actions; procedural rules 1) violation of the rights set forth in article 23 is an injury to the rights of the proprietor of the patent.

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 that harms their right, in particular: a) for ordering the offender to stop all unauthorized use of the patented invention and to desist from any intention of using the patented invention;

b) to obtain appropriate compensation for damages;

c) for order to withdraw from commercial channels or destroyed without compensation the infringing goods, as well as the materials and instruments predominantly used for the creation of the infringing goods or the offending procedure.

3) 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 laid down in the implementing regulations, 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 lawsuit.

c) If, before the expiry of the period referred to in subparagraph b), the licensee proves that immediate action is necessary to prevent a serious damage, you can immediately urge the actions provided for in the said subsection.

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) Unless you have requested a provisional measure in accordance with article 37, you can only engage in an action for infringement of the rights of the proprietor of the patent once it has been submitted to the Patent Office confirming the documentary evidence referred to in article 21 and, if necessary, that the specifications of the patent have been amended accordingly.

5) 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 has had knowledge of the infringement and of the identity of the alleged offender.

6) actions in respect of a patent application can only urge after a patent has been granted on the basis of that application.

7) 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, 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.

8) 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.

Article 36 Compensation for damages 1) of the injury to the rights of the owner of a patent is responsible for its author, which is obliged to repair the damages caused to the said owner or, where appropriate, by the licensee, if you knew or had reasonable grounds to know that it was dedicated to an offender.

2) compensation for damages should reflect not only the emerging damages caused in fact the owner of the patent or, if this is the case, the licensee, but also the profits calculated in choice of the injured part, according to one of the following criteria: a) of the benefits that the owner or if this is the case, the licensee , should be obtained from the use of the patented invention if the right would not have been injured; or b) the profits made by the author of the injury caused to the right of the proprietor of the patent as a result of the injury.

Article 37 injunctive and preliminary proceedings 1) the judicial authority may prohibit by injunction, order the cessation of any unauthorized use of the patented invention and all intend to use the patented invention, or order the Constitution of guarantees intended to ensure, where applicable, the compensation of the said owner or licensee, and ordered it to take measures to preserve relevant evidence in respect of the violation alleged in..

2) The application for an injunction or for Constitution of guarantees established in paragraph 1) of this article is only supported if the underlying stock seems well-grounded and if it has been filed within a brief period counting from the day on which the owner of the patent or, if this is the case, the licensee has had knowledge of the facts on which it is based. The judicial authority may subordinate the cessation in the Constitution on the part of 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 measures established in paragraph 1) of this article may be ordered ex parte by the judicial authority, without listening to the other party, in particular when any delay may cause probably irreparable damage to the injured party, or when you can demonstrate a risk of evidence being destroyed.

4) If, according to paragraph 3) of this article, has agreed to a provisional measure without listening to the part, it must notify without delay the agreement. In any case, the part affected by the provisional measure may be opposed to it and the judicial authority has to decide without any other procedure, if the measure is upheld, modified


or revoked. This decision, whether it's the mayor who has dictated, it appeals to appeal.

5) if the owner or, if this is the case, the licensee, does not exercise the main action within the period of 20 working days or 31 calendar days – which expires later-, from the date on which the holder or, if applicable, the licensee, he received the notification of the provisional measure, or in that other 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 you have a provisional measure before the presentation of the documentary evidence confirming that laid down in article 21, and has started a procedure in accordance with article 35, this procedure should be suspended until it has these tests confirming. In this case, the judicial authority may: a) agreed that provisional measures be lifted, 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, 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 patent that has been presented as a peptide test in accordance with section 21 is being 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 submit evidence confirming and has to follow the procedure. If these tests are not confirming 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 38 withholding at customs 1) subject to the conditions of any provisional measure established in article 37, the proprietor of the patent, or if this is the case, the licensee will be entitled to request the judicial authority to order the retention by the customs administration of the goods that the proprietor or licensee believes that violate their rights.

2) the judicial authority, the person who has requested the retention according to paragraph 1) of this article and the declaring of the withheld goods shall be informed immediately by the customs administration, the withholding by the latter.

3) in the specific case of a withholding at the customs, the deadline set in article 37.5) for any provisional measure, happens to be ten working days from the date on which the person who has requested the retention according to paragraph 1) of this article has received notification of the withholding tax in accordance with paragraph (2)) of this article.

4) the person who requested the retention according to paragraph 1) of this article can be obtained from the customs administration, by court order, the communication of the name, surname and address of the consignor, of the importer and the consignee of the goods retained, as well as their quantity.

5) the person who requested the retention according to paragraph 1) of this article and the importer are entitled to inspect the withheld goods, subject to compliance with the security measures established by the judicial authority to protect these assets retained.

6) the provisions of the second and third sentences article 37.4) are applicable, mutatis mutandis, to all withholding at customs.

Article 39 Declaration of non-infringement any person interested may apply to the judicial authority, by instituting proceedings against the owner of the patent, which declares that the implementation of a specific Act does not constitute a violation of the rights set out in article 23. The validity of the patent may not be put in issue in these proceedings. Cannot play 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 party.

Chapter IX. Changes in patents, resignation and invalidation Article 40 Changes in patents 1) the owner of a patent may request the Patent Office in accordance with the provisions of the implementing regulations, 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 in accordance with the conditions laid down in the rules of execution, modify the name or address of the proprietor of the patent must be registered in the register, provided that this modification does not involve a change of person or of the legal personality of the owner.

4) none of these changes to the patent can be extended beyond the content of the application as filed.

5) if the Patent Office accepts the changes related to the patent requested in accordance with paragraphs 1) 4) of this article, and to the extent you do, you must register the changes in the register of Patents and published them.

Article 41 1 Waiver) the owner of a patent may surrender the patent by means of a written statement submitted to the Patent Office. The disclaimer has no effect until it is registered in the register of Patents.

2) the waiver is inscribed in the register of Patents with the agreement of any third party that has a law on the patent registered in the registry or has instituted a procedure in accordance with article 28. If the registry has registered a license, the resignation only fits if the proprietor of the patent proves that he has previously informed the


licensee of his intention to give up the patent.

Article 42 Extinction a patent expires: a) at the end of the period laid down in article 25.1);

b) if the proprietor of the patent is there waiver, on the date on which the resignation is effective;

c) 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 43 Repeal 1) everyone can urge before the judicial authority, a procedure for the revocation 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 2 to 5;

b) the patent does not disclose the invention in a manner sufficiently clear and complete so that you can perform a person understanding 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 initial application as it was presented;

d) the protection conferred by the patent has been extended;

e) the proprietor of the patent is not entitled, according to articles 7 or 8. This reason can only be invoked by a person who is entitled to the patent that legui.

2) revocation may urge even if the patent has expired.

3) if the reasons for the revocation only affect the patent in part, the judicial authority must declare a partial revocation that limit the extension of the patent.

Article 44 effect of revocation or limitation 1) a patent and the application in which it is based will be deemed to have had, from the outset, the effects referred to in articles 19.2) and 23 to the extent that the patent has been revoked or has been limited according to article 21.3) or 40.1).

2) When a judicial decision of total or partial revocation is firm, the judicial authority, it notifies the Patent Office that the decision in the register of Patents and published any amendment to the patent, in accordance with the provisions of the implementing regulations.

Chapter x. extension of European patents Article 45 extension of European patents protecting inventions in Andorra you can also get by extending the effects of European patents and patent applications in accordance with the regulation relating to the cooperation agreement between Andorra and the European Patent Organization.

Chapter XI. International applications according to the Patent Cooperation Treaty Article 46 application of the Patent Cooperation Treaty 1) for the purposes of this chapter and of the second final provision, "TCP" means the Patent Cooperation Treaty which took place in Washington on 19 June 1970; any word or expression defined in the TCP has the same meaning as in that Treaty.

2) whenever this Law will make a reference to the TCP, this reference includes the regulation of TCP and the Administrative Instructions under this regulation.

3) the Patent Office has to process international applications in accordance with the provisions of the PCT and of this law, and all other applicable regulations. In the event of conflict between the provisions of the PCT and the provisions of this law and any applicable legislation, the provisions of the PCT prevail.

4) to the regulation of implementation of this law will be able to include more details about the processing of international applications and other functions of the Patent Office in relation to the TCP, including deadlines and other requirements in relation to international applications.

The law of Patent Office fees has to fix the fees payable in connection with international requests.

Article 47 filing date and effects of the international applications which designate Andorra 1) any international application designating Andorra for the purposes of obtaining a national patent under this Law, it will be equivalent to a request submitted to the Patent Office and is considered to have the effect of a regular national application as of the date of international deposit, and this date is considered as the filing date of the application in accordance with article 11.

2) Any international application designating Andorra, which has been published under article 21 of the TCP, gives rise to the same rights that a request published in accordance with article 19.

3) All designation of Andorra for the purposes of obtaining a national patent under this law, in an international application filed on or after the date of the accession of Andorra to the Convention on the European Patent must be considered, in accordance with article 45.2) of TCP, which is a designation of Andorra for a European patent in accordance with the Convention on the European Patent.

Article 48 international applications filed at the Patent Office as receiving Office 1) the Patent Office acts, subject to the provisions of section 3) of this article, as a receiving Office in respect of an international application filed by a national or a resident of Andorra.

2) An international application filed at the Patent Office as a receiving Office must be filed in Catalan or in the language or languages indicated in the agreement established between the International Bureau and the Administration responsible for the international search that is competent to make the international research of this application, in accordance with the implementing regulations, and will have to pay the Patent Office transmission rates set forth in the law of Patent Office fees , in the form set out in the implementing regulations.

3) the Government may establish an agreement of the kind referred to in rule 19.1) b) of the regulations of TCP by which an intergovernmental organisation or the national Office of another Contracting State of the PCT will act in place of the Patent Office as a receiving Office for the depositors who are residents or nationals of Andorra.

Article 49 the Patent Office as designated Office and elected 1) the Patent Office acts as a designated Office in respect of an international application designating Andorra for the purposes of obtaining a national patent under this law.

2) the Patent Office acts as elected Office in respect of an international application designating Andorra if the applicant elected Andorra for the purposes of international preliminary examination in accordance with the provisions of chapter II of the PCT.

Article 50 national Processing the Patent Office as a designated Office or elected not to start the processing of an international application designating Andorra before the expiry of the period


referred to in article 51, unless the applicant meets the requirement of that article and submit to the Patent Office an express request for early start of this procedure.

Article 51 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 PCT or of the subsequent period that may be prescribed in the regulations, the filing fee established in the law of Patent Office fees.

2) for the purpose of article 3.3), any international application designating Andorra, for the purposes of obtaining a national patent under this law, is taken into account only if it has been duly paid the filing fee.

3) if the filing fee has not been paid properly within the period applicable according to the paragraph 1) of this article, the international application is considered withdrawn for the purposes of this law.

Chapter XII. Common provisions Article 52 additional Processing 1) an applicant or a holder of a patent who has not complied with a deadline specified in this Act or the regulations or established by the Patent Office may submit a request for additional processing if the non-compliance with the time limit has the direct consequence of causing the denial of the request or a request, or the loss of any other right.

2) the request must be presented in writing within two months following the communication on the part of the Patent Office, pointing out the failure to observe the time limit, but not later than six months after the expiry of the period which has not been observed. The Act that has been omitted should be accomplished within this period. The request is believed to has not been submitted until you have paid the fee established in the law of Patent Office fees.

3) the Patent Office shall register the acceptance of the request for the additional processing in the register of Patents in accordance with the provisions of the implementing regulations.

4) the acceptance of the request for the additional procedure has the effect that the legal consequence of failure to comply within the time limit will not occur, or if it has already occurred, will be without effect.

5) this article does not apply to the time limits set out in articles 17, 21.1), 25.3) and in paragraph 2) of this article.

6) every person who, in good faith, within the period of time between the loss of a right referred to in paragraph 1) of this article and the publication of the acceptance of the request for the additional processing, has begun to use or has made effective and serious preparations for using the invention covered by a patent or an application for registration is published in accordance with article 19 may , free, continue this use in your business or for the needs of your company.

Article 53 the resources everyone directly affected by a decision of the Patent Office may make an appeal against the decision, in accordance with the provisions of the legislation.

54 article 1 Jurisdiction) without prejudice to the provisions in Chapter VIII, the civil judicial authority or, if appropriate, 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 the revocation 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;

e) the granting or revocation of compulsory licenses;

2) all civil litigation that may arise out of the provisions of this law shall be processed by the criminal summary procedure.

Article 55 representation before the Patent Office 1) The natural or legal persons who do not have their residence or headquarters in Andorra must be represented by a patent agent and act by means of this in all the proceedings before the Patent Office, except for the exceptions established by certain actions in accordance with the implementing regulations.

2) natural or legal persons having their residence or headquarters in Andorra can be represented, in the proceedings before the Patent Office, to an employee who has not to be necessarily a patent agent.

3) representing should be authorized in accordance with the implementing regulations.

Article 56 1) Patent Agents can only act as patent agents natural persons registered in the register of Patent Agents that brings the Patent Office.

2) any person who satisfies the conditions laid down in the Rules of execution can be registered in the register of Patent Agents.

57 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 the article 55.1), 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 period established by the administrative or judicial authority, that in no case may be less than 30 calendar days from the date of receipt by the patent agent.

Additional fees required for the registration and maintenance of a patent, as well as for all other registration established in this law, and for all service you can check the Patent Office, as established by the regulations, is laid down by law.

Repealing provision on the entry into force of the present Law is repealed all other previous policy of equal or lower rank, in everything that is opposed to the content of this.

First final provision 1) empowers the Government to approve the necessary regulatory provisions that require the development of this law, in particular the implementing regulations as well as the regulations of the Patent Office.

2) the Government must approve the regulation related to the cooperation agreement between Andorra and the European Patent Organization, which will regulate the matters that according to this law must be developed in order to fulfill or to effect the agreement of cooperation between Andorra and the European Patent Organization.

Second final provision this law shall enter into force the day after the date of its publication in the official bulletin of the Principality of Andorra, with the exception of chapter X shall enter into force on the


that date comes into force the agreement of cooperation between Andorra and the European Patent Organisation, and of chapter XI that will do when in force in Andorra in TCP.

Casa de la Vall, 10 June 1999 Francesc Areny Casal 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.

Jacques Chirac Joan Martí Alanis, President of the French Republic the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra