Real Decree 316/2017, 31 March, Which Approves The Regulation For The Execution Of The Law 24/2015, Of 24 July, Patent.

Original Language Title: Real Decreto 316/2017, de 31 de marzo, por el que se aprueba el Reglamento para la ejecución de la Ley 24/2015, de 24 de julio, de Patentes.

Read the untranslated law here: https://www.global-regulation.com/law/spain/10541441/real-decreto-316-2017%252c-de-31-de-marzo%252c-por-el-que-se-aprueba-el-reglamento-para-la-ejecucin-de-la-ley-24-2015%252c-de-24-de-julio%252c-de-patentes.html

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Disposal seventh Law 24/2015, of 24 July, patents (hereinafter the law) authorizes the Government to enact the provisions necessary for its development and implementation. Virtue has been the development of this standard that gives continuity and efficiency to the novelties introduced by the law.

By this Royal Decree approves the regulation for the implementation of the law 24 2015, of 24 July, patent development necessary to achieve the objectives of the Act, in particular, to establish a system for granting patents strong, generate certainty by bringing two standards previous legislation in this field dispersion, improve regulatory clarity flexible and streamline procedures, adapt and modernize aspects as professional representation before the Spanish Patent and Trademark Office, drive innovation and support to small and medium-sized enterprises (SME) and entrepreneurship.

The regulation, which was approved by Royal Decree, consists of one hundred fifteen articles, divided into eleven titles, six additional provisions and an annex.

Title I focuses entirely on patents of invention, and is divided into five chapters. Chapter I is intended to the patent application and the various documents that comprise it, as well as their wording and content. Chapters II to V deal with the development of the different procedures for the processing of the patent, from your application to the granting and subsequent opposition, potential resources as well as the processing of revocation or limitation and other procedures.

In this regard chapter II contains regulatory provisions relating to the procedure for granting and divided them into three sections: the first section, on admission to formality and ex officio examination; the second section on the report on the State of technical and written opinion; and the third section, on substantive examination and resolution of the procedure.

Chapter III with the opposition procedure in accordance with the provisions of the law, which puts the opposition procedure at a time after the granting continues. Chapter IV aims the revocation or limitation proceedings. In both cases, it's a novel and unprecedented regulation within the Spanish procedure for granting patents, for its drafting, had in mind the execution rules of the Munich Convention of 5 October 1973, as amended by the Act of Revision of the European Patent Convention made in Munich on November 29, 2000 (hereinafter Act 2000), and the practice that emerged under his protection. Finally, chapter V is devoted to the regulation of other procedures and is divided into three sections: first section, divisional applications; section second, relating to change of mode; and the third section, on secret filing of patents relating to the national defense.

Title II refers to supplementary certificates of protection of medicines and plant protection products, regulating procedure for granting for the first time.

Title III deals with utility models and is divided into two chapters, relating respectively to various formalities of the procedure and practical questions concerning the mandatory report on the exercise of judicial proceedings provided for in article 148.3 law.

Title IV regulates aspects common to the previous arrangements. In particular, chapter I refers to the modification of the application and other documents and rectification of errors; Chapter II measures in respect of time limits; and chapter III to the performance of the Spanish Office of patents and trademarks patent and its public information activities.

Title V is structured in two chapters. Thus, chapter I covers the registration of assignments, licenses and other modifications of rights. Furthermore, chapter II, for greater consistency and systematic regulates the registration of the offer of licenses of right by the holder separating this matter relating to compulsory licensing.

Title VI includes regulation of the compulsory license application, their classes and the procedure for processing, adapting this to the novelties introduced by the law.

In Title VII, for systematic reasons, unified the issues relating to aging, including the instruction of the corresponding records in the same for lack or insufficiency of exploitation and renunciation by the proprietor of the patent.

Title VIII transferred the regulation of aspects necessary for the application of international conventions contained in rules of lower rank to act which had entered into force after the enactment of law 11/1986, of March 20, on patents, to the obligation to meet international commitments. Chapter I is intended for the implementation of the Convention on the grant of European patents (Munich, 5 October 1973), according to your version after the amendments made by the 2000 Act and chapter II aims in the implementation of the cooperation treaty patent (Washington, on June 19, 1970), according to its latest version in force.

Title IX expressly provides for the procedure for the effectiveness of the provisions of articles 11 to 13 of the law in favour of the third that saw recognized their right to the application or patent in the exercise of reivindicatoria action. In particular, intends to promote legal certainty and joining in the patent granting procedure and the suspension of article 11.3 of the law taking into account that the actor whose right was recognized with respect to an application still not granted, can choose to subrogation, presentation of new application or denial of the request pending.

Forecasts who develop some aspects of the law in rates, in particular, the reduction of the 186.1 article of the law and the bonus rates aimed at public universities in the paragraph 2 of the tenth additional provision of the law are reflected in Title X.

Finally, the 11th title regulates the representation before the Spanish Office of patents and trademarks, in particular, the legal regime of agents of the Industrial property. In this sense, are established requirements for access to the profession and its relations with the Spanish Patent and Trademark Office.


With respect to the additional provisions, the first additional provision states that, under the specialty of procedures in the field of industrial property, the procedures regulated in the law are excluded of the law 39/2015, on 1 October, of the common administrative procedure of the public administrations, except in matters not provided for in the specific legislation. This specialty is because, on the one hand, the nature of rights of protection and, on the other hand, subject to the obligations assumed by Spain through different international treaties, such as, for example, the Treaty on patent law of 1 June 2000 (done at Geneva on June 1, 2000).

The second additional provision empowers the Spanish Office of patents and trademarks to establish official models for any request or documentation that go to the same and to establish the formal and technical requirements for the electronic filing. In this regard, this provision obliges the Industrial property agents to interact with the Spanish Patent and Trademark Office by electronic means. Finally, purely explanatory purposes, indicated that the place of presentation of any document, not just that of the patent application, shall be submitted in places or means referred to in article 22 of the law.

The third additional provision foresees that the Spanish Patent and Trademark Office put the public a list of digital libraries, they accepted, for the appropriate purposes provided for in the regulation.

The fourth additional provision contains a habilitation in favour of the Spanish Patent and Trademark Office for the issuance of certificates and copies in electronic format, as well as for the availability of such copies in digital libraries, basically collecting provisions for distinctive marks and industrial designs.

The fifth additional provision clarifies the contents and the period in which the expert report of the Spanish Office of patents and trademarks under article 120.7 of the Act must be issued. In addition, specifies that, if the report is requested upon request, shall be granted a period of relief for payment of the corresponding fee, in the case that no payment had been made.

Then, by the sixth additional provision, in development of the provisions of article 136 of the Act, regulates certain aspects relating to the out-of-court settlement of disputes, by enabling the Spanish Patent and Trademark Office for the conclusion of agreements in the field with national, European and international bodies.

Finally, included an annex to the regulation dealing with the formal requirements of patent application.

This Royal Decree and the implementing regulation which approves are issued under cover of the exclusive State competence relating to legislation on industrial property, provided for in article 149.1. 9th of the Constitution.

In the processing of this Royal Decree has been given hearing the sectors concerned and, on the other hand, they have issued report of the National Commission of markets and competition and the General Council of the judiciary.

By virtue, on the proposal of the Ministers of energy, tourism and Digital Agenda and finance and public service, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of March 31, 2017, have: single article. Adoption of the implementation regulation of the law 24/2015, of 24 July, patents.

Approves the regulation for the implementation of the law 24/2015, of 24 July, patents, whose text is then inserted.

Sole repeal provision. Repeal legislation.

1 all provisions of equal or lower rank are hereby repealed insofar as they contradict or oppose provisions in the regulation that was approved by Royal Decree.

2 are expressly repealed the following provisions: to) the regulations for the implementation of law 11/1986, of March 20, patents, approved by Royal Decree 2245 / 1986 of October 10.

(b) Royal Decree 2424 / 1986 of October 10, relating to the implementation of the Convention on the grant of European patents.

(c) the regulation of procedures relating to the granting, maintenance and amendment of industrial property rights, approved by Royal Decree 441/1994 of 11 March.

(d) the Royal Decree 1123 / 1995, of July 3, for the application of the Patent Cooperation Treaty, (made in Washington on 19 June 1970).

e) the Royal Decree 812/2000 of May 19, which establishes the application of the procedure with prior examination for patent of the food industry applications.

f) the Royal Decree 996/2001 of 10 September, which establishes the application with the general character of the procedure for granting of national patents with prior examination.

First final provision. Modification of the Royal Decree 1270 / 1997, of 24 July, which regulates the Spanish Patent and Trademark Office.

Amending article 3 of the Royal Decree 1270 / 1997, of 24 July, which regulates the Spanish Office of patents and trademarks including the following new paragraph: «6 bis. Play as mediator and arbitration, in accordance with the provisions of law 5/2002, of July 6, mediation in civil and commercial matters and the law 60/2003, of 23 December, arbitration, the functions of resolving conflicts relating to the acquisition, use, procurement and defence of the rights of industrial property in those matters not excluded from the free disposal of the parties in accordance with law.

«By order of the Minister of energy, tourism and Digital Agenda, upon proposal of the Spanish Office of patents and trademarks, will develop the functioning of the Office as mediator and arbitration.»

Second final provision. Modification of the implementing regulations of law 20/2003, of July 7, legal protection of the Industrial design, approved by Royal Decree 1937 / 2004 of 27 September.

The implementing regulation of the law 20/2003, of July 7, legal protection of the Industrial design, approved by Royal Decree 1937 / 2004 of 27 September, is modified in the following terms: one. Amending paragraph 5 of article 6 of the regulation, which happens to have the following wording:


'5. at the time of receipt, the application will be scanned and the competent authority shall issue to the applicant a certifying receipt of the presentation in which shall be recorded the file number, the representation, description or other identification of the design, nature and the number of documents submitted and the place, day, hour and minute of its receipt. In the case of multiple applications, the receipt will identify, at a minimum, the first design, and will indicate the number of those presented. Once verified the concordance between the scanned copy and original documents, these will be returned to the person concerned.'

Two. Added a paragraph 3 to article 7 of the regulation, which is worded as follows: «3. need not be the filing of the copy of the earlier application or translation when the priority claim is considered not relevant to determine the validity of the registered design or the earlier application or translation held already by the Spanish Patent and Trademark Office, or available in a digital library.»

3. Amending paragraph 1 of article 27 of the regulation, the new wording is as follows: ' 1. once the deadline to submit oppositions, will be moving from the writings of opposition and of the documents and evidence presented to the owner of the registered design for submit their allegations within the period of two months and, where necessary, alter the layout in the cases and under the conditions laid down in article 35.2 of the Act 20/2003» «, of 7 July.»

Third final provision. Skill-related title.

This Royal Decree is issued under the aegis of the State exclusive competence in the field of industrial property legislation, provided for in article 149.1.9. ª of the Constitution.

Fourth final provision. Modification of formalities laid down in the annex to the regulation.

1. by order of the Minister of energy, tourism and Digital Agenda may change documents and formalities specified in the annex to the regulation for the implementation of the patent law.

2. the Director of the Spanish Patent and Trademark Office, by resolution may adopt guidelines for the uniform handling of records regulated in the regulation that was approved by Royal Decree.

Fifth final provision. Development of articles 154.2 and 169.2 of the Patent Act.

1. by order of the Minister of energy, tourism and Digital Agenda, report to the Government representative Commission for Economic Affairs, within the period of twelve months from the date of entry into force of this Royal Decree, shall be determined the requirements and conditions in which other qualified, other than the specifically authorized by the articles 154.2 and 169.2 of the Patent Act You can perform translations of European patents and international patent applications referred to in those articles.

2 expiry of that period of twelve months without the corresponding order is issued, will be enabled to make the translations referred to in articles 169.2 of the Patent Act and 154.2 professionals whose qualifications enable for translations in the foreign language for which the translation is required as well as those who have a degree which have been taught entirely in the language for which the translation is required.

3. in any case must be guaranteed the authenticity and fidelity of the translations referred to in this provision.

Sixth final provision. Safeguard clause.

The measures included in the regulation approved by Royal Decree will be served with ordinary budgetary allocations of the organism and may not assume increased Endowment fees or other expenses of staff in the service of the public sector.

Seventh final disposition. Entry into force.

This Royal Decree shall enter into force on April 1, 2017.

Given in Madrid, March 31, 2017.

PHILIP R.

The Vice-President of the Government and Minister of the Presidency and for territorial administrations, SORAYA SAENZ DE SANTAMARIA ANTON regulation of execution of law 24/2015, of 24 July, patents title i. patents of invention.

Chapter i. Patent application.

Chapter II. Granting procedure.

Chapter III. Opposition proceedings.

Chapter IV. Revocation or limitation proceedings.

Chapter V. other procedures.

Title II. Supplementary protection certificates.

Title III. Utility models.

Chapter i. Procedure.

Chapter II. Exercise of actions.

Title IV. General provisions on procedure.

Chapter i. Modification and rectification of errors.

Chapter II. Measures in respect of time limits.

Chapter III. The registration of patents and information to the public.

Title v registration of assignments, licenses and other modifications of rights.

Chapter i. Registration of assignments, licenses and other modifications of rights.

Chapter II. Registration of licenses of right offerings.

Title VI. Compulsory licenses.

Title VII. Expiration of patents.

Title VIII. Application of international conventions.

Chapter i. Implementation of the Convention on the grant of European patents.

Chapter II. Implementation of the Treaty of cooperation in the field of patents (PCT).

Title IX. The patent claim.

Title X. Rates.

Title XI. Representation before the Spanish Patent and Trademark Office.

Additional provisions first to sixth.

Annex.

Title I patents chapter I article 1 patent application. Patent application.

To obtain a patent of invention the application referred to in article 23 shall be and following of the law 24/2015, of 24 July, patent (hereinafter the law), subject to what is determined in the following articles.

Article 2. The instance of the patent application requirements.

1 instance to apply for patent, which will be formalized in an official model, should be addressed to the Director of the Spanish Office of patents and trademarks and contain the following information: a) indication that a patent is requested.

(b) the identity of the applicant. If there are several applicants, shall the identity of each one of them. Where the applicant is a natural person will be identified with your name and surname or surname, identity document, address and nationality; and when it is a legal person it identified by its full name or in accordance with the legal provisions that govern, your tax ID, address and nationality.


In the event that there are several applicants, specify the address or media of one of them for the purpose of notifications; not to do so, notifications shall be addressed to the applicant mentioned first in the application.

(c) without prejudice to article 175.2 of the law, on the assumption that the applicant to act for himself and has no domicile or headquarters or commercial establishment serious and effective in the territory of the Spanish State must designate, for the purposes of notification, a mailing address in Spain or indicate that notifications be addressed him by any other technical means of communication supported by the Spanish Patent and Trademark Office.

(d) title of the invention, in which, without names of fantasy and the most clear and concise way, appears the technical designation of the invention which must be congruent with the demands.

(e) the designation of the inventor or inventors, indicating your name and surname or surnames; in the event that the applicant is not the inventor or the sole inventor, indicate how it has acquired the right to the patent in relation to each one of the inventors.

(f) list of documents accompanying the application.

(g) the signature of the applicant or his representative.

2 where appropriate, the instance must be completed with the following information: a) when the applicant Act through a representative, indicate their identity, in accordance with paragraph b). In the event that the representative was an Industrial property agent refers to that article 176 of the law, only indicate the name and surname of the agent, natural person, or the name of the legal entity through which carries out its function of the Industrial property agent, mentioning the code of agent issued by the Spanish Patent and Trademark Office.

(b) in the case of a divisional patent, a mode change, a transformation of an application for an entry into national phase of a PCT international application or European patent is requested, indicate the number and date of the source request. Also indicate that the applicant has the right to submit such a request.

c) when the application is submitted to an application filed previously pursuant to paragraphs 1 (c)) and 2 of article 24 of the Act, shall indicate the number of the earlier application, the filing date and the office in which or for which you have filed. Also indicate that the applicant has the right to submit such a request.

(d) in the event that the inventor or inventors renounce their right to be mentioned as such, it will be indicated in the instance, or if the inventor or inventors do not coincide with the applicant, a statement of resignation signed by them will be provided.

(e) in the event that one or more national or foreign priority is claimed, the instance must contain the number of each of the previous applications on which is based the priority, as well as the State and the date of priority claimed. Likewise, shall be recorded that the applicant is entitled to claim the specified priority.

f) if the invention had been exhibited at official or officially recognized exhibition within the meaning of Article 7b) law, the instance must contain the indication of the name of the exhibition, as well as the place and date of exhibition.

(g) when the invention relates to a biological material that is not accessible to the public, or to use, it can not be described in the patent application, and this has been deposited in an institution legally recognized for this purpose, shall indicate the institution's deposit, the country, the date of deposit and the deposit issued by the institution of deposit number.

(h) where the invention relates to biological material, indicate their geographical origin or the source of origin of such material, if these data were known.

Where the invention relates to a genetic resource or traditional knowledge associated with the resources covered by the Regulation (EU) No. 511/2014 of the European Parliament and of the Council, of 16 April 2014, relative to the enforcement actions of the users of the Nagoya Protocol on access to genetic resources and fair and equitable sharing of benefits arising from their use within the Union indicate if a genetic resource or traditional knowledge associated with that resource has been used. If Yes, where appropriate, shall contain the registration number that would justify the submission of the Declaration of due diligence in accordance with article 14. 3 Royal Decree 124/2017, 24 February, concerning access to the genetic resources of wild taxa and use control.

In any case, this information shall not prejudice the validity of the patent, such as provided for in article 23.2 of the Act.

i) where the application contains lists of strings of amino acids and nucleic acids, this circumstance shall be indicated.

j) requested the reduction of rates provided for in article 186 of the law, must be disclosed in this end.

(k) if the applicant is a public University, this end should be mentioned.

Article 3. Contents of the description.

1. the description shall be drafted in as clear and concise as possible, without useless repetitions, and congruent with the demands.

2 it shall state the following information: a) the indication of the technical sector to which refers the invention.

(b) the indication of the State of the art prior to the priority date, known by the applicant and that it may be useful for the understanding of the invention and the preparation of the report on the State of the art for the examination, citing, as far as possible, documents that serve to reflect the status of the previous technique.

(c) an explanation of the invention, as it is characterized in the claims, that allow the understanding of the technical problem posed, although it is not expressly designated this way, as well as the solution to it, indicating, where appropriate, the advantages of the invention in relation to the State of the previous technique.

(d) a brief description of the content of the drawings, if any.

(e) a detailed statement of, at least, a way of realization of the invention, that you can illustrate with examples and references, where appropriate, the drawings, if any.


(f) the indication of the way in which the invention is susceptible of industrial application, unless it is in a way obvious from the description or nature of the invention. In the course of the invention consists in a sequence all or part of a gene or a nucleic acid sequence, as they have the third subparagraph of article 5(5) and article 5.6 of the Act, respectively, industrial application must be explicitly.

3. the description shall be submitted in the manner and in the order indicated in paragraph 2 of this article, unless, because due to the nature of the invention, a way or a different order to allow a better understanding and a more concise presentation.

Article 4. Requirements of the description in inventions relating to biological material.

1. where the invention relates to a biological material, the applicant must indicate in the description, what is the name of the authorized institution where a sample of the biological material has been deposited and recorded the number or key to identification of such biological material by the authorized institution.

2. If the deposited biological material ceases to be available from the recognised depositary authority, deemed that not has been interrupted the accessibility to a new deposit is carried out on the same conditions as those laid down in the Budapest Treaty on the international recognition of the deposit of microorganisms for the purposes of the procedure in the field of patents (made in Budapest (, 28 April 1977) and that, within a period of four months from the date of the new deposit, has been communicated to the Spanish Office of patents and makes a copy of the this new deposit receipt issued by the depositary authority, accompanied by the indication of the application for patent or the patent number.

3. the communication of this information implies the irrevocable consent of the applicant that the biological material accessible to the public in accordance with article 56 of the Act.

Article 5. Conditions for public access to the biological material.

1 access to the deposited biological material be held, within the deadlines provided for in article 56 of the law, by sending a sample of the biological material requested, provided that the person requesting access to the biological material commits against the applicant or patentee: to) to not communicate or deliver to third parties the biological material subject of the patent or a culture derived from it before the patent application has been refused or withdrawn, or considered withdrawn or the patent has expired.

(b) not to use the biological material subject of the patent or a culture derived from it, rather than for experimental purposes up to the date that the patent application is rejected or withdrawn, or considered withdrawn, or until the date of publication of the mention of the grant of the patent).

2. where, for any reason, the authorized institution to not send samples of the deposited biological material, shall apply the provisions of the Budapest Treaty on the international recognition of the deposit of microorganisms for the purposes of patent procedure and its implementing Regulation (made in Budapest on 28 April 1977).

3 in the preceding paragraphs shall be without prejudice to the application of articles 6 and 7 of Royal Decree 124/2017, on 24 February, relating to access to genetic resources from wild taxa and to control the use, in the case of material regulated by articles 71, 72, 74, 80 and 81 of the law 42/2007 of 13 December, of the Natural Heritage and biodiversity.

Article 6. Figure of the independent expert.

1. the applicant may make a request to the Spanish Office of patents and trademarks to the completion of the technical preparations for publication of the patent application, so access to the biological material deposited to which refers article 56 of the law be carried out only through the provision of the sample to an independent expert. This access is carried out within the following deadlines: a) until the publication of the mention of the grant of the patent or, when applicable, b) for twenty years from the filing date, if the request is denied or retires, or is considered withdrawn.

2 may be appointed as an independent expert, for the purposes of the provisions of article 56 of the law: to) any natural person, provided that the applicant shows at the time of making the request that the nomination has the approval of the applicant for the patent.

(b) any natural person who has the recognition of independent expert by the Director of the Spanish Office of patents and trademarks.

The nomination must be accompanied by a declaration of the independent expert which is committed against the applicant to respect the provisions of article 56 of the law, well until the patent expires or until the date indicated in paragraph b) of paragraph 1 of this article if the request is denied or retires, or is considered withdrawn. In this regard, the petitioner in the sample shall be considered as a third party and provisions in article 56.2 of the Act shall apply.

3. the request referred to in paragraph 1 shall be filed before the Spanish Patent and Trademark Office. Be verified that a patent application concerning a deposited biological material and that the petitioner or the independent expert appointed by the applicant are entitled to receive a sample of this material has been presented.

Article 7. Content and form of the claims.

1. the claims shall define the object for which protection in terms of technical features of the invention is sought. Wherever appropriate, claims shall contain: a) a preamble mentioning the subject of the invention and the technical characteristics necessary for the definition of the claimed elements but that, combined between them, form part of the prior art.

((b) a party area, beginning with an expression of the type «characterized by», which expose the technical characteristics in combination with those referred to in paragraph a), you want to protect.

2 without prejudice to the provisions of article 26 of the law, a same application can understand more than one claim independent of the same category (product, procedure, device or use), provided that the subject of the application consists of: a) a plurality of inter-related products.


(b) different uses of a product or device.

(c) alternative solutions to a particular problem, when not be appropriate to include these alternatives in a claim to it.

3. any independent claim should include the essential features of the invention and may be followed by one or more dependent claims relating to particular realizations of the invention.

4. any dependent claim, that is, to include all of the features contained in any other claim, shall contain, preferably at the beginning, a reference to the claim on which it depends, and then additional features that you want to protect. A dependent claim referring to one or more dependent claims is also permissible. All dependent claims referring to a single previous claim, and all dependent claims referring to several previous claims, shall be grouped into measurement and most appropriate way possible.

5. the number of claims must be adequate and reasonable according to the nature of the invention for which protection is sought.

6 claims not made references to the description or drawings to define the technical characteristics of the invention, unless absolutely necessary. In particular, they shall not contain expressions of the type «as described in part... of the description» or «as illustrated in figure... of the drawings».

7. when the patent application contains drawings that include reference signs, claimed technical characteristics must, preferably, come followed by such reference signs identifying them always to this will contribute to the understanding of the claim. Such signs be represented in parentheses and shall not be deemed to limit the claims.

Article 8. Presentation of drawings.

1. the drawings must be made with the requirements specified in the annex to this regulation.

2. the stages of a process diagrams and diagrams are considered drawings.

Article 9. Summary of the invention.

1. the summary referred to in article 29 of the law will have a maximum length of 150 words, must indicate the title of the invention and contain a concise exposure of the contents of the description, claims and, where appropriate, drawing more characteristic that must be separately from the text of the abstract. Also you can indicate the chemical formula which, among those contained in the patent application, best characterizes the invention. The summary must enable an easy understanding of the technical problem, the solution provided and use or main uses of the invention.

2. both the title and the abstract of the invention may be amended by the Spanish Patent and Trademark Office when it deems it necessary for the better information of third parties. This modification will be transfer to the applicant in the written opinion.

Article 10. General rules concerning the presentation of the application documents.

The formal requirements for the submission of the application and the documents accompanying it are reflected in the annex to this regulation.

Article 11. Prohibited items.

The patent application shall not contain: to) elements contrary to public order and good morals.

(b) slanderous declarations relating to products or processes of any third party or the merits or validity of applications for patents or patents of third parties. Simple comparisons with the prior art shall not be considered in themselves as degrading.

(c) manifestly extraneous to the application or redundant elements.

Article 12. Designation of the inventor.

1. the designation of the inventor or inventors in the patent application will be included in the publications of the patent application and of the concession, as well as brochures that refer respectively articles 31 and 35.3 of the regulation.

2 If the inventor or inventors disclaim to be mentioned as such, the signed declaration referred to in article 2.2. d) of the present regulation shall be provided before they completed the technical preparations for publication of the patent application.

Article 13. Priority of the patent application.

1 the statement that is claimed a national priority or provided for in article 31 of the law, foreign will instruct, as referred to in article 2(2). e) of this regulation, the date of the earlier application, the State in which or for which has been carried out, as well as the number that has been attributed to him. The priority claim shall include the payment of the corresponding fee.

2. where the priority claim deemed relevant to determine the patentability of the invention, the Spanish Patent and Trademark Office may require the applicant to supply, within the period of two months from the communication or sixteen months from the date of priority claimed oldest, applying the time limit which expires later, a certified copy of the earlier application, issued by the office of origin unless the document held in the archives of the Spanish Patent and Trademark Office, or when available from a digital library accepted by the Spanish Patent and Trademark Office. If the earlier application is not drafted in Spanish the applicant will also provide a translation to Spanish of this document within the same period. If does the copy certified and, where applicable, the translation to the Spanish within the prescribed time limit, the right of priority shall not be validly claimed.

Article 14. Correction or addition of a priority claim.

1. an applicant may request the correction or addition of the priority claim with respect to a patent application filed with the Spanish Patent and Trademark Office. The request for correction or addition shall be signed and filed within the time limit which expires later from the following: to) within sixteen months from the priority date in older or when correction or addition involves a change in the date of the oldest priority, within the period of sixteen months from the priority date modified older apply within sixteen months that expires before;

(b) in the period of four months from the date of filing of the patent application.


2. If a request for correction or addition is received at the Spanish Office of patents and marks after the applicant has requested a publication advance pursuant to article 37.2 of the Act, shall be deemed as not submitted the request for correction or addition, except where early publication request to withdraw until completed the technical preparations for publication of the patent application.

3. in the case of a divisional patent is requested, a change of mode, a conversion of a European patent application or an entry into national phase of an international application PCT, the deadline to request the correction or addition of priority claim shall be four months from the date of filing of the application concerned or sixteen months from the priority date apply the term which expires later.

4. the time limits laid down in the preceding paragraphs shall not be susceptible of extension or request for reinstatement of rights.

5 until the Spanish Patent and Trademark Office appropriate to the refusal of an addition or a correction of a priority claim, will grant to the petitioner within ten days from the publication of intent to deny in the «Official Gazette of the property industry» to make observations.

Article 15. Display at official or officially recognized exhibition.

1 in the case referred to in the second paragraph of Article 7b) of law and from article 2.2. f) of the regulation, the applicant must submit a certificate issued by the person who is designated as the authority responsible for ensuring the protection of industrial property at the exhibition, stating that the invention has been actually presented at the same during your holiday period. This certification must also state the date of opening of the exhibition and, where appropriate, that of the first disclosure of the invention if these two dates were not coincidental. Certification must accompany the documents identifying the invention, duly authenticated by the above-mentioned authority.

2. the deadline to submit this certification, as well as the accompanying documentation, shall be four months from the date of filing of the application or until the end of the period provided for in article 24 of this regulation, applying the time limit which expires later.

Chapter II procedure section 1 admission procedure and article 16 ex officio examination. Reception of the application and referral to the Spanish Office of patents and trademarks.

1. the competent body to receive the request pursuant to article 22 of the law shall contain the registration number, as well as the day, hour and minute of tank in the place intended for this instance of the application, as in the documentation accompanying it, in your case.

2. at the time of the deposit, the competent authority shall issue to the depositor a certifying receipt of the filing of the application, which shall contain the registration number and the place, day, hour and minute of deposit. If the request should be accompanied by a copy, receipt will consist in the delivery of such copy, which shall contain the registration number and the place, day, hour and minute of the deposit.

3. when the patent application was filed before the competent authority of an autonomous community, this shall forward the application, together with all the documentation provided, the Spanish Office of patents and trademarks within the period prescribed in article 32.2 of the Act.

4. once the application has been received by the Spanish Office of patents and trademarks, be assigned number of patent application which shall be notified to the applicant.

Article 17. Requirements to obtain a date of filing.

1 a the effects of the provisions of article 24 of the law and article 18 of the regulation, will be indispensable to present, to obtain a date of filing of the patent application, the following documents: to) an express or implicit indication that prompted a patent, b) indications allowing to identify or to contact the applicant and c) a part that at first glance, appears to constitute a description, even if it does not comply with the formal requirements established in law or regulation, or an incorporation by reference, i.e. a referral to an application filed previously.

2 a the purposes of obtaining a filing date, the indications of paragraphs a) and b) of the preceding paragraph must be submitted in Spanish. However, the description may write in any language, and must present a translation to the Spanish in the period of two months from the date of filing of the application for a patent or until the end of the period provided for in article 24 of this regulation, to apply the term which expires later.

3. for the purposes of obtaining a filing date, a referral to an application filed earlier will replace the description and, where appropriate, to any drawings. To make this referral, the applicant, at the time of filing the patent application, must be a request for incorporation by reference to a previous application, which shall indicate in Spanish: to) that the reference to the earlier application replaces the description and, where appropriate, the drawings.

(b) the number of the earlier application, its filing date and the office in which or for which has been filed.

(c) that the earlier application has been presented by the applicant himself, his predecessor in law or his successor in title.

4. If the patent application refers to an earlier application as provided for in the preceding paragraph, the applicant must submit, within the period of two months from the date of the filing of the application, a certified copy of the earlier application and, where appropriate, a translation to the Spanish. It is not necessary to provide the certified copy of the earlier application or the Spanish translation if such copy or translation work in the archives of the Spanish Office of patents and trademarks, are available from a digital library accepted by the Spanish Patent and Trademark Office.

Article 18. Granting of the date of filing and admission.

1. inside of the ten days following the receipt of the request of the Spanish Patent and Trademark Office patent, this will examine if it meets the requirements for filing date pursuant to article 24 of the law and article 17 of this regulation.


2. If defects are warned to examine the requirements for obtaining a filing date, shall be communicated to the applicant that he rectified them and formulate arguments within the period of two months starting from its notification, with an indication of that, so do not do so, it shall not be allowed to proceed and be resolved taking for rejected the patent application.

3. If defects are corrected in time, it will be awarded as filing date which corresponds to the day on which all the requirements have been fulfilled and thus communicated to the applicant. If defects are not remedied in due form and within the prescribed period, the application will not accept it as a patent application and shall be rejected. The resolution of withdrawal shall be notified to the applicant indicating the reasons and will be published in the «Official Gazette of the property industry».

4. Once granted filing date, will examine whether rates of application and preparation of the report on the State of the art have been paid. If it is found the lack of payment of fees or insufficient payment, is communicated to the applicant so that you make or complete the payment within the period of a month counting from the publication of the defect in the «Official Gazette of the property industry», with indication of if not to do so shall be rejected the request. The resolution of withdrawal shall be notified to the applicant and published in the «Official Gazette of the property industry».

Article 19. Incorporation by reference to a previous application.

1 in the event that the applicant had requested the incorporation by reference pursuant to the articles 24.1. c) of the Act and this regulation 17.3, but it had not provided the certified copy of the earlier application as provided for in paragraph 4 of the said article 17, and this document is not available to the Spanish Patent and Trademark Office , this circumstance shall be notified to the applicant provide such documentation within the period of two months starting from its notification, with an indication that if so it did not will be not admitted to processing and taking for rejected the patent application would be resolved.

2. If defects are corrected in time, it will remain a presentation date that that it had fulfilled all requirements of article 17.1 of this regulation and thus communicated to the applicant. If defects are not remedied in due form and within the prescribed period, the application will not accept as patent application and shall be rejected. Resolution of withdrawal shall be notified to the applicant and published in the «Official Gazette of the property industry».

Article 20. Omitted parts of the description or drawings omitted.

1 in the event that, by examining if the patent application meets the necessary requirements to obtain a date of filing, the Spanish Patent and Trademark Office detected that it seems to be missing part of the description or they appear to be missing drawings referred to them in the description, this defect will be communicated to the applicant so that, within the period of two months from its notification complete the application or indicate if it refers to a previous application whose priority is claimed.

2. If the applicant completes the application within the period of two months from the date of filing of the application for patent or from the notification mentioned in the preceding paragraph, will be granted as the filing date the date in which receipt of the missing description or drawings omitted part or the date on which all the requirements prescribed in article 24 of the law and article 17 of the present Regulation, to apply the date that is later. This date will be communicated to the applicant.

It will be maintained as date of filing that in which all the requirements prescribed in article 24 of the law and article 17 of this regulation, in the event that the applicant remove, within a month from their contribution, the missing part of the description or the missing drawing.

3. If the patent application claims the priority of an earlier application, the applicant may indicate that you refer to that previous request to incorporate the missing part of the description or missing drawings. In this case, the missing part of the description or missing drawings must be contained entirely in the earlier application. You will be retained as filing date the date in which it had met all the requirements prescribed in article 24 of the law and article 17 of this regulation, if the applicant shows at the time specified in paragraph 2: to) a request indicating that the content of the earlier application be incorporated by reference in the application.

(b) a certified copy of the earlier application and, where appropriate, a translation to the Spanish, unless those documents are at the disposal of the Office.

(c) an indication of the place where the missing part of the description or missing drawing contained in the earlier application or in the translation, if.

4. in the event that the applicant does not reply to paragraph 1 communication, the filing date will be the date which have been fulfilled all the requirements prescribed in article 24 of the law and article 17 of this regulation. However, the missing part of the description or missing drawings will not be taken into account.

Article 21. Joint notice of defects and correction term.

Defects referred to in articles 18, 19 and 20 of this Regulation may be communicated to the applicant jointly by a single notice, giving a common period of two months starting from its notification to its correction, with indication of that if not to do so shall be rejected the request.

Article 22. Patents of interest for national defense.

1. on admission to the application process, the Spanish Patent and Trademark Office shall examine if the object of the invention could be of interest for national defense. If so, in application of articles 33 and 34 of the Act, the Spanish Patent and Trademark Office shall make available the Ministry of defence the patent application once admitted to processing.

2. If the Ministry of Defence issued a reasoned report considering that the invention are interested in national defense, shall apply the secret processing of the patent application pursuant to articles 47 et seq. of this regulation.

Article 23. Ex officio examination.


1 granted date of filing and paid the relevant fees, the Spanish Patent and Trademark Office shall examine, for the purposes of publication of the application: to) if the instance conforms to the provisions of article 2 of this regulation.

(b) in the case of the description to be submitted in a language other than Spanish, if the applicant has provided the corresponding translation refers to which article 17.2 of regulation.

((c) if the request contains one or more claims as referred to in article 23.1. c) of the Act or a reference to an application filed before, pursuant to article 17.3 of the present regulation, indicating that it also replaces the claims.

((d) in the event that the applicant had requested an incorporation by reference pursuant to the articles 24.1. c) Act and 17.3 of the regulation, if the applicant has provided translation to which refers article 17.4 of this regulation.

e) if the description, claims, drawings and abstract are the formalities laid down in the annex to this regulation, only to the extent that compliance is necessary for the purposes of a uniform publication.

(f) if the application claims the priority of an application earlier, national or foreign, or innocuous disclosure for display at an official or officially recognized exhibition will examine whether they meet the qualifications required by articles 13 to 15 of this regulation.

(g) in the case of patent applications divisional, of change of mode, processing of an application for a European patent or entry into national phase of a PCT international application, if the mentions to the number and the date of application for patent of origin, have been made.

h) if it meets the requirements concerning representation pursuant to article 175 of the Act and articles 107 and 108 of this regulation.

i) if the subject of the application is manifestly and entirely excluded from patentability by pursuant to articles 4.4 and 5 of the Act.

2. the presence of formal deficiencies in the documentation will not suspend the preparation of the report on the State of the art provided that those are not of such a nature as to prevent its realization or distort the object of search result proves useless in such a way.

Article 24. Notification of defects.

(1) if the patent application submit any of the defects referred to in the preceding article, the Spanish Patent and Trademark Office shall notify the applicant all objections so this, within the period of two months from the publication of defects in the «Official Gazette of the property industry», remedy the defect or make allegations deemed appropriate in defense of the patent application. In the measure in which it is necessary to correct the defects notified, the applicant may amend the description, claims and drawings or biological sequences, in the terms provided for in article 48 of the law.

2. the reply to the notice of defects shall imply the payment of the corresponding fee.

Article 25. Denial of the application.

1. once the period for the correction of defects or for the submission of claims provided for in article 24 of this regulation, the Spanish Patent and Trademark Office shall examine if the defects have been duly rectified and if the corresponding fee has been paid. Otherwise, the application shall be refused. That resolution, which must be reasoned, shall be notified to the applicant, also published in the «Official Gazette of the property industry» mention concerning the refusal with the necessary data for the identification of the patent application.

2 in the event of defects relating to the right of priority provided for in article 13 or innocuous disclosure for display at an official exhibition or officially recognized under article 15, both of this regulation, shall be notified to the applicant the loss of this right.

Section 2 report on the State of the art and written opinion article 26. Content of the report on the State of the technique and of the written opinion.

1. the report on the State of the art shall mention the elements of the prior art which is available to the Spanish Patent and Trademark Office at the time of establishing the report, which can be taken into consideration to appreciate the novelty and the inventive step of the invention the application, on the basis of the claims , taking due account of the description and, where appropriate, the drawings or the biological sequences.

2. every mention will be made in relation to the corresponding claims. To the extent possible, the specific part of the cited document will be identified.

3. the report on the State of the art shall distinguish in the abovementioned documents which have been published before the date of priority, the priority date and the filing date and the date of filing or subsequently. The report on the State of the art shall mention the classification of the patent application, according to the international patent classification.

4. any document referring to an oral disclosure, use or any other disclosure that was earlier than the date of filing of the patent application, it will be mentioned in the report on the State of the art, specifying, if any, the date of the publication of the document and the non-written disclosure.

5. the report on the State of the art shall be accompanied by an opinion written, preliminary and non-binding, about whether the invention patent application object appears to be new, involve inventive step and be susceptible of industrial application, as well as if the application satisfies the requirements of the Act and this regulation.

6. without prejudice to the provisions of article 36.5 of the law, there will be the report on the State of the art, accompanied by the opinion writing, on the assumption that they had not been the international search report for the whole of the international application or to the national application included elements about which no search had been made in the international phase.

Article 27. Lack of clarity or consistency.


1. If the Spanish Patent and Trademark Office appreciate lack of clarity or consistency in the description or claims or defects preventing total or partially perform a meaningful search, shall be notified to the applicant, to make within the period of two months from the publication of the defects in the «Official Gazette of the property industry» allegations deemed appropriate remedy defects, modifying, where appropriate, the description or claims and, where applicable, the drawings, in the terms provided for in article 48 of the law, or specifying the object of the search.

2. elapsed that term, if the applicant does not answer, or defects have not been rectified and persists a lack of clarity or consistency or precision in the object of the search, the Spanish Patent and Trademark Office will, to the extent practicable, search partial and thus be reflected in the report on the State of the art and written opinion.

3. If persists a lack of clarity or consistency the description or claims to prevent completely perform a meaningful search, the Spanish Office of patents and trademarks shall not carry out the report on the State of the art or the written opinion and shall reject the patent application, with an indication of the reasons, notifying the person concerned. The mention of the decision of refusal will be published in the «Official Gazette of the property industry».

Article 28. Applications comprising a plurality of independent claims.

1. If the Spanish Patent and Trademark Office considered that claims, as they have been submitted, do not conform to the provisions in article 7(2) of this regulation, shall be notified to the applicant so that, within the period of two months from the publication of the defects in the «Official Gazette of the property industry», present allegations which it deems fit or provide a new set of demands that will form the basis for the realization of the search.

2. If, within the prescribed period, the applicant does not proceed with the contribution of the new set of claims or this continue without conform to the provisions of article 7(2) of this regulation, the search will be made in relation to the first claim in each category.

Article 29. Lack of unity of invention.

1. If, at the start of the search, the Spanish Patent and Trademark Office will appreciate that the patent application does not meet the requirement of unity of invention referred to in article 26 of the law, it will issue a report on the State of the art part with respect to the parts of the application relating to the invention or group of inventions mentioned first in the claims.

This report partial, accompanied by a written opinion, will move to the applicant so that, within the period of two months from the publication in the «Official Gazette of the property industry» of the defect of lack of unity of invention, perform the corresponding allegations against the objection of lack of unity of invention, divide the application or pay an additional fee at the request of report on the State of the art for each additional invention claimed. At the time of paying the additional fees the applicant may also make allegations about the objection of lack of unity of invention.

2. Notwithstanding the provisions of the preceding paragraph, for reasons of procedural economy, at the same time that the search is performed in relation to the main invention, may be the search for one or more inventions additional, if the search involved little or no additional effort.

3. If, in view of the allegations of the applicant filed within the period prescribed in paragraph 1, the Spanish Patent and Trademark Office finally deemed that there is unity of invention, search for unintended initially patent application claims will be made and will be issued a report on the State of the art and a written opinion final for all of the request. In the case of additional fees have been paid, they will be returned to the applicant.

4. If, within the prescribed period, the applicant submit one or more divisional applications, shall be considered the interim report and the opinion written as definitive for the invention or group of inventions regarding which had been the invention of origin.

5. If the applicant paid additional fees within the prescribed period, the Spanish Patent and Trademark Office will search on the parts of the application pertaining to the invention or group of inventions for which fees were paid and issue the report on the State of the technique and definitive written opinion.

6. If within the prescribed period the applicant does not remedy the defects or will not pay additional rates or not divided the request, the Spanish Patent and Trademark Office will consider the partial report together with the opinion written as definitive for the invention or group of inventions for which have been made. Processing will continue only for the claims on which the report is completed and thus will be indicated in the written opinion.

Article 30. Issuance of the report on the State of the technique and of the written opinion.

Having prepared the report on the State of the art and the written opinion, the Spanish Patent and Trademark Office will transfer them to the applicant for the patent. It will be at the same time access to the cited documents.

Article 31. Publication of the application and the report on the State of the art.

1. without prejudice to the provisions of article 37.2 of the law, eighteen months from the date of filing of the application or the date of priority that has been claimed, once the ex officio examination, the Spanish Patent and Trademark Office shall publish, as soon as possible, mention in the «Official Gazette of the property industry» that the patent application becomes available to the public.

2. at the request of the applicant, the application may publish before the period of 18 months mentioned in article 37.1 of the Act, provided that the request had overcome the ex officio examination.

3 the mention in the "Official Gazette of the property industry» it referred to in paragraph 1 shall include the following indications: to) the number of the application and publication.

(b) the date of filing of the application.

(c) the complete data of priority or priorities claimed.

(d) the international patent classification.


(e) the title of the invention.

(f) the identification of the applicant and his representative, if any.

(g) the identification of the inventor or inventors, unless they had resigned to be mentioned as such.

(h) the summary.

(i) the most representative drawing, if any.

4. at the same time be published a pamphlet of the patent application that, in addition to the information included in paragraph 3, shall contain the description, the claims and, where applicable, the drawings. It shall also mention the "Official Gazette of the property industry» in which the patent application is published. Biological sequences will be made accessible to the public and it shall so State in the brochure.

5. If the report on the State of the art was available at the time of the publication of the patent application, the Spanish Office of patents and trademarks will be published simultaneously in the «Official Gazette of the property industry» the mention of the publication of the application and the making available to the public both the report and the written opinion. The brochure of the patent application referred to in the preceding paragraph will also include the report on the State of the art.

6 If, in application of article 36.5 of the law, not the report on the State of the art, will be published in the «Official Gazette of the property industry» a mention of the publication of the international search report. From the publication in the "Official Gazette of the property industry» opens the computation of the period provided for in article 39.2 of the law. Where applicable, will be issued an opinion written on the subject of the application, which will be transfer to the applicant and will be available to the public.

Article 32. Observations of third parties to the application.

1. once made the announcement of publication of the application for patent in the «Official Gazette of the property industry», any person may formulate comments duly reasoned and documented on the patentability of the invention the application up to the moment before the completion of the substantive examination.

2. the observations of third parties shall be submitted before the Spanish Patent and Trademark Office, shall not interrupt the processing of the request and will be transferred to the applicant who may make arguments if he sees fit.

3rd substantive examination and resolution article 33 section. Request for substantive examination.

1. the applicant may make the request for substantive examination and the course of the period of three months following the date of publication in the "Official Gazette of the property industry» of the mention of making available to the public of the report on the State of the art from the time of the filing of the application. The request for substantive examination will involve the payment of the corresponding fee.

2. the applicant may submit observations to the report on the State of the art and the written opinion and, where appropriate, the observations of third parties, as well as modify the patent application in the terms provided for in article 48 of the law, until the end of the period referred to in the preceding paragraph.

3 after the deadline prescribed without have had formulated a request for substantive examination or without paid the corresponding fee, the patent application shall be deemed withdrawn. The resolution that declared withdrawal request is communicated to the applicant and published in the «Official Gazette of the property industry».

4. in accordance with article 39.2 of the Act, the request for examination may revoke at any time during the procedure. In this case, the Spanish Patent and Trademark Office will consider withdrawal of the patent application and thus will be published in the «Official Gazette of the property industry». This revocation shall be subject to the same limitations of the withdrawal of the patent application, in accordance with article 67 of this regulation. If it is had commenced the examination, shall not return of the substantive examination fee.

Article 34. Substantive consideration and resolution.

1 published the report on the State of the art and presented in term examination request and paid the corresponding fee, as well as, where appropriate, presented observations and relevant modifications, will start the test.

2. the Spanish Patent and Trademark Office will consider the report on the State of the technique and opinion written as first communication to the applicant if the invention meets the formal, technical requirements and patentability provided for in the law. This, however, is may carry out a supplementary search in order to discover the existence of documents that have been published or made available to the public after the date that the report on the State of the art is done.

3. when the examination is not the lack of any requirement that prevents it, the patent requested in accordance with article 35 of this Regulation shall be granted. If the applicant had changed its patent application, shall be verified that such modifications meet the 48 articles of the law requirements and 64 of this regulation.

4. the Spanish Patent and Trademark Office shall reject the patent in the event that the applicant had not performed any act to ignore the objections contained in the first communication. The decision of refusal must be notified, stating the reasons, and will be published in the «Official Gazette of the property industry» mention concerning the refusal.

5. in other cases if received reply and despite the allegations or amendments affecting sight, the Spanish Patent and Trademark Office considers that there are still reasons that prevent the grant of the patent in whole or in part, communicate these to the applicant giving him the opportunity to make observations or to correct your application within the period of two months from the publication of the mention of objections in the «Official Gazette of the» Industrial property'. To correct the application, the applicant may change in the terms provided for in article 48 of the law, the description, claims and drawings or biological sequences, where appropriate, drafting the patent as it seeks to be granted.


6. the Office Spanish Patent and trademarks may be repeated communication of objections by sending new communications from defects, giving opportunities to the applicant to remedy in the period of two months in each one of them, counting from the publication in the "Official Gazette of the Industrial property», if despite your answers, there were still managed to fully correct all the defects that prevent the granting of the patent If and when deemed that the remaining defects are correctable and that the applicant has clearly tried to correct them.

7 opportunities referred to in the preceding paragraph may consist of one or more written procedures or focus on a single oral hearing when deemed appropriate or requested by the applicant. In the absence of the applicant for the patent, the proceedings shall be concluded and will continue processing. Of the issues discussed at the oral hearing, a brief report, which shall be annexed to the agreed texts will rise. The applicant must submit the description and the claims, as they have been agreed by fulfilling the formal requirements in this regulation within the period of ten working days counting from the day following the publication of the announcement of the lifting of the minutes in the "Official Gazette of the property industry».

8 finalised the performances of the three preceding paragraphs, the Spanish Patent and Trademark Office will definitely solve on the grant or refusal of patent, taking into account the text provided by the applicant.

9. against the negative decision of the patent application it may formulate appeal by the applicant for the patent. The deadline for the filing of the appeal shall be one month from the date of publication of the refusal in the «Official Gazette of the property industry». However, this term is capable of re-establishment of rights in the conditions and cases referred to in article 53 of the law.

10. in the appeal proceedings the patentee may amend the request subject to the provisions of article 48 of the law.

11. the resolution of the appeal will put an end to the administrative procedure.

Article 35. Grant of the patent.

1. the grant of the patent and the mention that the record is available to the public will be published in the «Official Gazette of the Industrial property».

2 the mention in the "Official Gazette of the property industry» referred to in paragraph 1 shall include the following information: a) the number of the application and publication.

(b) the date of filing of the application.

(c) the complete data of priority or priorities claimed.

(d) the date of publication of the application and, in the case of not be coincidental, the date of publication of the report on the State of the technique or the mention of the publication of the international search report.

(e) reference to the amendments made to the claims.

(f) the international patent classification.

(g) the title of the invention.

(h) the identification of the holder and his representative, if any.

(i) the identification of the inventor or inventors, unless they had resigned to be mentioned as such.

(j) the date of grant.

(k) the summary.

3. at the same time be published a pamphlet of the patent which, in addition to the information listed in the previous section, indicate the «Official Gazette of the Industrial property» which is announced, will contain the description, the claims and, where applicable, the drawings as had been granted. Biological sequences will be made accessible to the public and it shall so State in the brochure. The prospectus shall contain patent is granted without prejudice to third party and without guarantee of the State in terms of the validity and utility of the object upon which rests.

Chapter III procedure for opposition article 36. Opposition to the grant.

1. subject to the provisions of paragraph 1 of article 43 of the law, any person may oppose the grant of a patent by filing a notice of opposition within the six months following the publication of the award in the «Official Gazette of the property industry».

2. the notice of opposition referred to in article 43 of the Act, sufficiently motivated, shall submit to the Spanish Patent and Trademark Office. That letter should be accompanied by corresponding arguments, facts and evidence cited in support of them. If the evidence were not written in Spanish, it should provide a translation to the Spanish. The filing of the notice of opposition will imply the payment of the corresponding fee.

3 the notice of opposition must contain the following information: a) the identity of the opponent, in accordance with the provisions in paragraphs b) and c) of article 2(1) of the regulation.

((b) when the opponent to act through a representative, will indicate the identity, pursuant to paragraph a) of article 2(2) of this regulation.

(c) the number of the application for patent against which formula opposition, as well as the identification of the holder.

(d) the grounds on which is based the opposition pursuant to article 43.1 of the Act, as well as a statement that specifies in what extent the opposition posed affects the patent, detailing claims affected by the opposition.

(e) the signature of the opponent or his representative.

4. the opposition shall not be allowed when it has not been filed within the period of six months provided in article 43.1 of the Act.

5. in cases in which the notice of opposition not shall be adjusted to the provisions of paragraphs 1 and 2 or when the opposition fee has not been paid or payment was inadequate, the irregularity shall be notified to the opponent so it rectified within the period of one month from the publication of defects in the «Official Gazette of the property industry» , with indication if they do not do so you shall be withdrawn opposition.

6. the resolution that is supported, inadmita or be in rejected the opposition shall be notified to the opponent, with reasons, and a mention on the resolution will be published in the «Official Gazette of the property industry». Also resolution that is inadmita or you have for rejected opposition shall be notified to the owner of the patent.

Article 37. Filing and processing of oppositions.


1 you can file opposition against a patent, even if its holder has waived the patent or it has expired.

2. If the holder renounces this expires or the patent during the opposition proceedings will be knowledge of the opponent, who may request in writing the continuation of opposition within the period of one month starting from the publication of knowledge commissioning to the opponent in the «Official Gazette of the property industry».

3. in any case, once admitted to the opposition procedure, this can be dealt with by the Spanish Office of patents and trademarks, although the opponent died or withdraw the notice of opposition.

Article 38. Transfer of opposition to the patent holder.

1 after the deadline for submission of oppositions, will be transfer to the holder of the patent for those oppositions admitted pending, putting at their disposal the accompanying documentation, in the period of three months from the publication of the transfer of oppositions in the «Official Gazette of the property industry», present allegations and, to the extent that is necessary to remedy the defects notified modify the claims, description and drawings or sequences biological, in the terms established in articles 48 of law and 64 of this regulation.

2. in the event that the patent holder answers to objections, the Spanish Patent and Trademark Office will be moving simultaneously to all opponents, there is several of the allegations and proposed amendments filed by the proprietor of the patent, granting them with a process of replication in each case for a period of two months from the publication of the transfer of the response to the oppositions in the «Official Gazette of the property industry».

Article 39. Examination of oppositions and resolution.

1. to examine the writings of opposition, as well as, where appropriate, reply and replicas, you will create a Commission consisting of three technically qualified, experts of the Spanish Patent and Trademark Office being one of them President. The Commission will be completed with a lawyer of the same Office if it is considered that the nature of the decision so requires it. In the event of a tie of votes, the President shall have the casting vote. The members of the Committee shall be appointed by the Director of the Department of patents and technological information according to criteria of experience and specialization.

2. the Spanish Patent and Trademark Office shall examine the grounds of opposition, as well as the claims of all parties, including, where appropriate, amendments filed by the proprietor of the patent. In the event that it considers that no reason for opposition prevents the maintenance of the patent as it was granted, it shall reject the opposition or objections, if any. Dismissal resolution will be notified to the holder and opponents, with an indication of the reasons and to reject the proposed amendment. This decision shall be published in the «Official Gazette of the property industry» and must include a provision relating to the maintenance of the patent as it was granted.

3. where, in the light of the allegations received, including amendments filed by the proprietor of the patent, the Spanish Patent and Trademark Office considers that patent can be granted in modified form proposed by the holder, it will solve estimating total or partially the oppositions, keeping the grant of the patent in amended form.

4. when, despite the allegations or changes made by the owner, the reasons that prevent the maintenance of the patent, to persist will be awarded to the owner a new period of a month counting from the publication of its mention in the "Official Gazette of the property industry», to present new arguments or amendments of the claims, the description and , where appropriate, drawings or sequences biological, in the terms established in articles 48 of law and 64 of this regulation. New opportunities, will be awarded provided it is considered that the objections are correctable and that holder has clearly tried to correct them. Before working out definitely, will be awarded within 10 days the opponents so that the final allegations that they deem relevant submit.

5. the procedure of new opportunities to the holder and final claims opponents referred to in the preceding paragraph may consist of one or more written procedures or concentrate on a single hearing, when it deems appropriate, or at the request of the holder of the patent or any of the opponents. The absence of the opponents will not prevent the celebration of the view. In the absence of the proprietor of the patent, the proceedings shall be concluded and will continue processing. Of the issues discussed at the oral hearing will rise a short Act, which shall be annexed to the texts proposed by the holder. The holder must provide the description, the claims and, where appropriate, the drawings or biological sequences, such as have been proposed by fulfilling the formal requirements in this regulation within the period of ten working days counting from the day following the publication of the announcement of the lifting of the minutes in the "Official Gazette of the property industry».

6. If, finally, the Spanish Patent and Trademark Office resolved estimating total or partially the oppositions, the grant of the patent will be revoked or the grant of the patent will be maintained in modified form.

7 resolution motivated by which revoked patent shall be notified to Licensee and opponents, with reasons, and a mention on the revocation will be published in the «Official Gazette of the property industry».

8 the mention in the "Official Gazette of the property industry» referred to in the preceding paragraph shall include the following indications: a) the number of application and publication.

(b) the date of filing of the application.

(c) the complete data of priority or priorities claimed.

(d) the international patent classification.

(e) the title of the invention.

(f) the identification of the holder and his representative, if any.

(g) identification of the patent has been revoked and the date of the resolution's revocation.

9. the reasoned ruling by which it is agreed to maintain the patent in amended form, shall be notified to the holder and the opponents. In addition, be published in the «Official Gazette of the property industry» the mention of that patent is maintained in amended form and that is available to the public.


10 the mention in the "Official Gazette of the Industrial property' referred to in the preceding paragraph shall include the following information: a) the number of application and publication.

(b) the date of filing of the application.

(c) the complete data of priority or priorities claimed.

(d) the date of publication of the application and, in case of not being matched, the date of publication of the report on the State of the technique or the mention of the publication of the international search report.

(e) reference to the amendments made to the claims.

(f) the international patent classification.

(g) the title of the invention.

(h) the identification of the holder and his representative, if any.

(i) the identification of the inventor or inventors, unless they had resigned to be mentioned as such.

(j) the date of resolution which is agreed to maintain the patent in amended form.

(k) the date of modification of the claims.

(l) the summary.

11. at the same time be published a pamphlet of the patent which, in addition to the indications included in the preceding paragraph, shall contain the description, the claims and, where applicable, the drawings as had been modified. Biological sequences will be made accessible to the public and it shall so State in the brochure.

12. against the granting of a single patent appeal may be brought by those who have been part of opposition proceedings and will against decision-making Act raised opposition. For these purposes the opposition will understand is rejected if after the period to resolve it and report it had not relapsed express resolution. The deadline for the filing of the appeal shall be one month from the date of publication of the resolution in the «Official Gazette of the property industry». However, this term is capable of re-establishment of rights in the conditions and cases referred to in article 53 of the law.

13. in the appeal proceedings the patentee may amend the request subject to the provisions of article 48 of the Patent Act.

14. the resolution of the appeal will put an end to the administrative procedure.

Article 40. Concurrence of proceedings and opposition proceedings.

1. in the event that it is determined entered in the register of patents a judicial procedure on the validity of the patent or of violation against the opposition, the Spanish Patent and Trademark Office has been put to the attention of the judge or court, for appropriate purposes, an opposition procedure.

2. after the deadline to submit any third party oppositions may request to intervene in the opposition proceedings provided that it filed written opposition in the manner provided in article 36 of this regulation and certifying that the holder has initiated an action of infringement against it or that after being requested by the patent holder to cease the alleged violation of the patent has exercised negatoria action , pursuant to article 121 of the law. The Declaration of intervention will be presented within a period of three months from the date in which the corresponding judicial action is enable. Supported the request for intervention by a third party will carry out as an opposition.

Chapter IV procedure for revocation or limitation article 41. Request for revocation or limitation.

1. the holder may request the total revocation or limitation of his patent as it was granted or limited in an opposition or above limitation procedure.

2 the request for revocation or limitation, which will involve the payment of the corresponding fee, must be submitted in writing before the Spanish Patent and Trademark Office through official model that must contain the following information: a) the identity of the owner of the patent, in accordance with the provisions of paragraph b) of article 2(1) of the regulation.

((c) if the holder had appointed a representative, the identity of this, pursuant to paragraph a) of article 2(2) of this regulation.

(c) the number of the application, the publication number, publication date, and the type code of the patent document whose revocation or limitation is requested.

(d) if the holder request the limitation of the patent, indication of which provides a set of amended claims and, where appropriate, an amendment to the description, drawings or sequences biological, in the terms established in articles 48 of law and 64 of this regulation.

e) whether there are registered rights in rem, options purchase, embargoes, licenses or a lawsuit, indication provides that the consent of the holders of these rights or the plaintiff.

(f) signature of the applicant or his representative.

3. the holder may not submit an application of limitation during the term to present planned oppositions in article 43.1 of the Act, or as it is in processing an opposition against the grant of the patent or a previously requested limitation is is processed.

4 the application shall be accompanied by the documents referred to in paragraphs d) and e) of paragraph 2 of this article.

Article 42. Revocation or limitation proceedings.

1. the Spanish Patent and Trademark Office will consider whether the documentation presented meets the requirements laid down in articles 105 of the Act and this regulation 41. If of the examination carried out any irregularity or defect, suspend processing, notifying the owner observed objections so that, within the period of two months, counting from the publication of the suspense in the «Official Gazette of the property industry», remedy them or present their allegations.

2. within two months after, if defects have been corrected properly the Spanish Patent and Trademark Office shall rule on as requested. Otherwise, the request for revocation or limitation shall be refused. In both cases the corresponding resolution must be notified, stating the reasons, and will be published in the «Official Gazette of the property industry» a relative mention, where appropriate, to the revocation, limitation or denial of it. The mention of the limitation shall contain the indications referred to in article 39.8 of this regulation.

At the same time will be published a pamphlet of the patent with the indications referred to in article 39.11 this regulation, replacing references to the granting of modified by limiting form.


Article 43. Request for limitation proceedings still pending.

1 when pending proceedings on the validity of the patent that were entered in the register of patents, the Spanish Patent and Trademark Office shall inform the judge or court the request for limitation, the relevant purposes. The refusal of authorisation shall entitle the patent holder to request the Spanish Office of patents and marks the callback rate limitation.

2 if initiated a procedure of limitation notified and registered in the register of patent proceedings on the validity of the patent, the Spanish Patent and Trademark Office shall communicate to the Court the existence of a limitation procedure pending the appropriate purposes.

3. once processed the limitation procedure, the Spanish Patent and Trademark Office will put in knowledge of the judge or court resolution, providing the patent as it had been modified.

Chapter V other procedures section 1 divisional applications article 44. Request for division.

1. Requests that do not comply with the unity of invention requirement laid down in article 26 of the Act, may be divided by the applicant, prior request by the Spanish Patent and Trademark Office, as it is regulated in articles 29 and 59 of this regulation.

2. the applicant for a patent may request, on its own initiative, the division of your application at any time before the end of the substantive examination.

The applicant for a utility model may request, on its own initiative, the division of your application at any time prior to the resolution which referred to in paragraphs 3 and 4 of article 62 of this regulation.

3. by filing the divisional application, the applicant must demonstrate how the object of protection of the divisional application is a part and is not essentially the same as the original application.

Article 45. Formalization and processing of the divisional application.

1. at the time of order the division of the patent or utility model application, the applicant should formalize its divisional application, which shall meet the requirements prescribed in chapter I of title I of this regulation.

2. for the purposes of maintaining as a filing date assigned to the initial request, the Spanish Patent and Trademark Office will verify if the subject of the divisional application is included in the initial application.

3. in the event that prompted the division of a patent application, application fee and rate report on the State of the art to be paid within the time limit of one month from the filing of the divisional application. If, in relation to the initial application, it had paid additional fees referred to in article 29 of this regulation, the applicant will not have to pay, respect of the divisional application, application fee of the report on the State of the art, to the extent that the subject of the divisional application had already been the subject of search. In this case, will be issued an opinion written on the subject of the divisional application, which transfer will be given to the applicant and will be available to the public. Also, a mention of the publication of the report on the State of the art made on the initial application will be published in the «Official Gazette of the property industry». From the publication in the "Official Gazette of the property industry» opens the computation of the period provided for in article 39.2 of the Act to request substantive examination.

4 in the event that the rate's report on the State of the art has not had paid or had not paid in full or if, despite being paid additional fees referred to in article 29 of this regulation will result to the object or part of the subject of the divisional application had not been subject to search shall be communicated to the applicant the need to pay the fee or complete the payment within the period of a month counting from the publication of the defect in the «Official Gazette of Industrial property», indicating that if so not doing will be resolved given by rejected the divisional application. The resolution of withdrawal shall be notified to the applicant and published in the «Official Gazette of the property industry».

5. the description and drawings, both in the initial application for a patent or utility model, as of any divisional application, only should refer, in principle, the elements that are intended to protect in such a request. However, when it is necessary to describe in a request elements for which has been requested protection in another application, you must refer to this application.

Section 2 article 46 hotkey. Change of mode.

1. the applicant for a patent may request, at any time before the end of the substantive examination, that his patent application into an application for the protection of the object of his invention under another modality of Industrial property.

The applicant for a utility model may request, at any time prior to the resolution which referred to in paragraphs 3 and 4 of article 62 of this regulation, that his utility model application into an application for the protection of the object of his invention under another modality of Industrial property.

Mode change request will imply the payment of the corresponding fee.

2. the Spanish Office of patents and trademarks, as a result of the ex officio examination of article 35 of the law or of the substantive examination of article 40 of the law or the examination of article 142 of the Law Office, may propose to the applicant the change of mode of the application, notifying it that, within the time limits provided for in articles 24 34.5 and 59.3, respectively of this regulation, accept or reject the proposal, meaning that it rejects it if in the deadline change of mode it does not expressly ask. If the proposal is rejected, it will continue processing the file in the form originally requested.


3. when the applicant requested the change of mode, the Spanish Patent and Trademark Office agreed change and the agreement notify the interested party with an indication of the documentation to be submitted, indicating that it has to do so within two months counting from the publication of the announcement of agreement of hotkey in the «Official Gazette of the property industry». If detected the lack of payment of the fee or the insufficient payment, will be communicated also to the applicant which perform or complete the payment within that period. The lack of presentation of the new documentation or the payment of the fee within the period indicated will may have for rejected the request for change of mode, the request pertaining to the new mode will be cancelled and will continue the processing of the original request.

4 If the applicant provides the indicated documentation within the prescribed period or remedied by the payment of the fee, the Spanish Patent and Trademark Office will give you the timely processing, maintaining, where appropriate, the date of filing of the original application.

Section 3 secret filing of patents relating to the national defense article 47. Patents of interest for national defense.

1. the content of all patent applications remain secret until it expires one month from the date of its presentation. Before the end, the Spanish Patent and Trademark Office extended this term, pursuant to article 111.1 of the law, up to four months if it is considered that the object of the invention might be of interest for national defense.

2. the Spanish Patent and Trademark Office the applicant shall notify the extension and send copy of the patent application to the Ministry of defence to rule on whether the object of the patent application is of interest for national defense.

3. in the case that the Ministry of defence considers that the invention are interested in national defense, it will require to the Spanish Patent and Trademark Office so that, before the end of the period of four months, it has ordered the secret processing of the same. Agreement whereby is enact the secret processing of the patent application shall be notified to the applicant, giving the same transfer to the Ministry of defence.

Article 48. Applications which claim the priority of a foreign application declared secret.

(1) If a patent application filed with the Spanish Patent and Trademark Office, claims the priority of a patent application declared secret by a country belonging to the North Atlantic Treaty Organization (NATO) or with which Spain has signed an international agreement in the field of defence, will be granted at least the same level of secrecy than the one granted by the country of origin.

2. in accordance with article III of the agreement of NATO for the mutual protection of the secrecy of inventions relating to the Defense for which patent applications have been submitted (made in Paris on September 21, 1960), it will safeguard the secrecy of the invention if the applicant waives all claims for compensation for damages or losses solely due to the imposition of the secret of the invention by the country of origin. Where does not present waive the compensation, the Spanish Patent and Trademark Office shall reject the patent application and shall return to the applicant submitted documents.

Article 49. Foreign patent applications which claim priority from a national application declared secret.

1 the applicant does not may requests for protection abroad claiming the priority of a patent application filed before the Spanish Office of patents and trademarks, before the course of the period of one month from the date of filing, unless expressly authorised by the Spanish Patent and Trademark Office.

2. the Spanish Patent and Trademark Office may not grant this authorization to those patent applications which have been put at the disposal of the Ministry of defence pursuant to article 111.1 of the Act or that are subject to the regime of secrecy, unless expressly authorized by the Ministry of defence.

Article 50. First patent application abroad of inventions in Spain.

1. when in the case of inventions made in Spain, the person concerned does not may submit a patent application as first application abroad, except authorization express of the Spanish Patent and Trademark Office. The authorization request must occur by the interested party before the Spanish Patent and Trademark Office.

2. to assess whether the invention of interest to national defence, the applicant must provide, under conditions of secrecy, a copy of the patent application as it seeks it abroad, along with the description, claims and drawings and, where appropriate, to submit a translation to Spanish of this documentation.

3. the Spanish Patent and Trademark Office shall authorize, within a maximum period of one month, the presentation of a first application abroad when it considers that the invention is not of interest for national defense and its presentation abroad not contradict provisions of international agreements in the field of Defense signed by Spain.

4. However, if the Spanish Patent and Trademark Office considers that the invention could be of interest to national defense, deny, in itself within a month of the preceding paragraph, the authorization to apply first overseas and so you will be notified to the person concerned. In this case, the authorization only shall be granted if the person concerned gives express authorization from the Ministry of defence.

Article 51. Processing of patent applications subject to secrecy regime.

1. chapters I, II and III of this title I will apply to applications for patents in regime of secret, except in relation to the publication and dissemination. The notifications will be made directly to the applicant or his representative.

2. the formalities relating to patent processed in regime of secret applications shall be entered in the register of secret patents, that will only be accessible to staff in accordance with the current legislation on the protection of classified information of the Ministry of energy, tourism and Digital Agenda-enabled.

3. once lifted the secret, the Spanish Office of patents and trademarks will continue - the formalities provided for in title I of this regulation. Annotations on the registration of secret patents will be transferred to the register of patents referred to in article 79 of the law.


In the event that the lifting of secrecy had taken place once granted the patent, the award will be published in the «Official Gazette of the property industry» and will be issued the corresponding brochure, as stipulated in article 35 of this regulation. The deadline for submission of oppositions in article 43 of the law will be opened from this publication.

Article 52. Lifting of secrecy.

1 patent applications or patents subject to a regime of secretly declared a country belonging to the North Atlantic Treaty Organization or with which Spain has signed an international agreement in the field of defence, will keep such a regime until the Spanish Patent and Trademark Office receives the lifting of secret communication.

2. both patent applications within processing on a secret basis as those patent applications that had been rejected in this form of processing, will keep this secret regime until the Ministry of defence agreed lifting of secrecy.

3. secret patents whose concession has occurred during processing under the regime of secrecy remain in this procedure from the date of grant for renewable years automatically, until the Ministry of defence to communicate the lifting of secrecy. Then, the Spanish Patent and Trademark Office shall notify the proprietor of the patent.

Article 53. Regime of patents or patent applications subject to secrecy.

1 patent applications or patents subject to secrecy regime may not be withdrawn, waived, revoked or limited without the express authorization of the authority which declared secret.

2. secret patents shall not be subject to the payment of annuities. Once lifted the secret, as provided for in article 52 of this regulation, the holder of the patent must pay the annuity that accrued from the publication of award in the «Official Gazette of the property industry».

Title II supplementary certificates of protection of drugs or their extension and plant protection products article 54. Filing of the application.

1 the request for supplementary certificate of protection or their extension, will be presented in the official model, and should contain: a) where the request relates to drugs: i. set out in article 8 of Regulation (EC) No. 469/2009 of the European Parliament and of the Council of 6 May 2009, concerning the supplementary protection certificate for medicines (hereinafter (, Regulation (EC) No. 469/2009).

II. information that the product is protected by the patent of base designated by its holder for the purpose of the procedure for obtaining the certificate.

(b) where the application relates to plant protection products: i. the provisions of article 8 of Regulation (EC) No. 1610/96 of the European Parliament and of the Council of 23 July 1996, which created a supplementary protection certificate for plant protection products (hereinafter Regulation (EC) No. 1610/96).

II. information that the product is protected by the patent of base designated by its holder for the purpose of the procedure for obtaining the certificate.

((c) where the application relates to an extension of a supplementary protection of medicinal product certificate: i. the provisions of article 8, subparagraph (d)), of Regulation (EC) No. 469/2009.

II. responsible statement about the content of the documents provided with an indication of the Member States of the European Union entitled to.

(d) the signature of the applicant or his representative.

2. the submission of the request for a supplementary certificate of protection or its extension will imply the payment of the corresponding fee.

Article 55. Formalities examination and publication of the application.

1. the Spanish Patent and Trademark Office will check if the fee has paid for the request for supplementary protection certificate or its extension and if gather the data required for the publication provided for in article 9 of Regulation (EC) No. 1610/96 or article 9 of Regulation (EC) No. 469/2009. In the event that a defect is detected, shall be notified to the applicant, giving ten days since the publication of the defect in the «Official Gazette of the property industry» you improve the application with indication if not to do so will be denied the request.

2. once overcome the examination, within a period of three months the Spanish Patent and Trademark Office published in the «Official Gazette of the property industry» the request for supplementary certificate of protection or extension in accordance with article 9 of Regulation (EC) No. 469/2009 and in article 9 of Regulation (EC) No. 1610/96.

Article 56. Examination of the application.

1. Once posted the request, the Spanish Patent and Trademark Office will check the application for supplementary protection certificate or its extension and the product referred to in compliance with the requirements laid down in Regulation (EC) No. 469/2009 and Regulation (EC) No. 1610/96. Not be checked ex officio if the marketing authorisation is the first authorisation as a medicinal product or plant protection product in the European Union.

2. If it detected irregularities in the documentation or if the application or the object of the same do not meet the conditions respectively laid down in Regulation (EC) No. 469/2009 or regulation (EC) No. 1610/96, communicate defects to the applicant so that he rectified them or formulate their allegations within the period of two months from its publication in the «Official Gazette of the property industry» , indicating that if does not remedy them will be denied the request.

3. when the defects are not remedied or deemed that the objections referred to in the notification persist, deny the supplementary protection certificate application or the request for extension, with reasons, and the resolution will be published in the «Official Gazette of the property industry».

Article 57. Granting of the supplementary certificate of protection or of the extension.

If the complementary of protection or of the extension and the product licence applications referred to in that they meet the conditions laid down in Community rules, the Spanish Office of patents and trademarks granted certificate or the extension and will be published in the «Official Gazette of the property industry» resolution of grant as set out in article 11 of Regulation (EC) No. 469/2009 and in article 11 of Regulation (EC) No. 1610/96.

TITLE III


Chapter I procedure article 58 utility models. Utility model application.

1. to obtain a utility model must submit an application that will contain the documentation referred to in the article 141.1 of the Act, as it unfolds in this regulation.

2. for the purposes of obtaining a filing date, the description may write in any language, and must present a translation to the Spanish in the period of two months from the date of filing of the application of the model of utility or until the end of the period provided for in article 59.3 of this regulation, to apply the term which expires later.

Article 59. Date of filing and examination of nursing assignment.

1. the procedure for obtaining a date of filing shall be regulated in articles 17 to 21 of this regulation.

2 granted filing date to the application's model of utility and paid the relevant fees, the Spanish Patent and Trademark Office will examine whether it meets the requirements for patent applications in article 23 of the regulation, except as regards the summary referred to in paragraph e) and paragraph i). It will also verify if their object is eligible for protection as a utility model.

3. If, as a result of the ex officio examination, to appreciate the request from defects or that its object is not eligible for protection as a utility model, but Yes by another modality of Industrial property, the Spanish Office of patents and brands will declare on hold the record and be awarded to the applicant within two months to rectify, if , identified defects or formulate the relevant allegations. In the measure in which it is necessary to correct the defects notified, the applicant may amend the description, claims and drawings, in the terms provided for in article 48 of the law, divide the application or ask for the change of mode.

4 once the period for the correction of defects or for the submission of allegations, the Spanish Patent and Trademark Office shall examine if the defects have been duly rectified, and the corresponding fee has been paid. Otherwise, it shall refuse the application. Also will be denied the application for utility model when, despite the claims of the applicant, be considered the subject of the application is not susceptible of protection by utility model and had not expressly asked the mode change.

The resolution of refusal shall be notified to the applicant, stating the reasons, and will be published in the «Official Gazette of the property industry» mention concerning the refusal with the necessary data for the identification of the utility model application.

In the event of defects relating to the right of priority provided for in article 13 or innocuous disclosure for display at an official exhibition or officially recognized under article 15, both of this regulation, shall be notified to the applicant the loss of this right.

If despite the claims of the applicant, the Spanish Patent and Trademark Office is estimating that the invention the utility model application lacks unity of invention, will be a period of one month so you divide the application and proceed according to the provisions of article 45 of this regulation.

5. when the applicant requested the change of mode and subscriber rate, the Spanish Patent and Trademark Office agreed the change and inform the interested party with an indication of the documentation to be submitted, giving to that effect within two months from the publication in the "Official Gazette of the property industry» of the hotkey agreement the agreement. Lack of presentation of the new documentation in the indicated term shall be rejected the request for change of mode and thus communicate you; also the request pertaining to the new mode will be canceled. In addition, the utility model application shall be refused as provided for in the preceding paragraph. The resolution of withdrawal must be notified, stating the reasons, and will be published in the «Official Gazette of the property industry».

If the applicant provides the required documentation within the period indicated, the Spanish Patent and Trademark Office will give you the timely processing, maintaining, where appropriate, the date of filing of the original application.

Article 60. Publication of the application.

1 if the ex officio examination are not defects that prevent the granting or where such defects have been duly rectified, the Spanish Patent and Trademark Office shall notify the person concerned the resolution favourable to the continuation of the procedure and shall put at the disposal of the public utility model application with the corresponding reference in the «Official Gazette of the property industry».

Indications that the notation in the «Official Gazette of the property industry» shall be that referred to in article 31.3 of this regulation, including, in addition, the claims requested utility model and, in his case, a reproduction of the drawings.

2. at the same time a brochure of the application for utility model containing the terms indicated in article 31.4 of this regulation, except concerning the summary will be published.

Article 61. Oppositions.

1. the notice of opposition as sufficiently motivated, must go to the Spanish Patent and Trademark Office and occur within the period of two months counted from the publication of the application in the "Official Gazette of the property industry». The notice of opposition must be accompanied by corresponding allegations, including facts and evidence cited in support of them. If the evidence adduced are not drafted in Spanish, it should provide a translation to the Spanish. The filing of the notice of opposition will imply the payment of the corresponding fee.

2 the notice of opposition must contain the following information: a) the identity of the opponent, in accordance with paragraph b) of article 2(1) of the regulation.

((b) if the opponent has appointed a representative, the identity of this, in accordance with the provisions of paragraph a) of article 2(2) of this regulation.

(c) the number of application for utility model that is formulated opposition, as well as the identification of the applicant.


(d) the grounds on which is founded the opposition pursuant to article 144.1 of the Act, as well as a statement that specifies in what extent the opposition posed affects the requested utility model, detailing claims affected by the opposition.

3. once formulated within the opposition period, if requested the extension of two additional months of article 144.2 of the Act shall indicate on which ends are intended to complete allegations or to provide additional supporting documents.

4 the opposition shall not be allowed: to) when notice of opposition is not filed within the time limit laid down in paragraph 1.

(b) the opposition fee has been paid.

(c) the notice of opposition does not permit to unequivocally identify the application against which opposition, the identity of the opponent is formulated or motives and evidence on which it is based are not announced.

(d) the power of Attorney had arisen.

In the case referred to in paragraphs b), c) and (d)), will be the opponent the opportunity to rectify the defects or appeals in within ten days counting from publication in the «Official Gazette of Industrial property», with indication that doing so not so is inadmitirá the opposition.

If the notice of opposition does not conform to other provisions of this article shall be notified of deficiencies to the opponent so that he rectified within the period of one month since its publication in the "Official Gazette of the property industry», with indication if they do not do so you shall be withdrawn opposition.

5 Why is inadmita or resolution is for rejected the opposition must notify both the opponent and the applicant of the utility model, with reasons, and a mention on the resolution will be published in the «Official Gazette of the property industry».

6. the Spanish Patent and Trademark Office will provide transfer to the applicant of the utility model of those oppositions admitted along with accompanying documentation so that, within the period of two months from the publication in the "Official Gazette of the property industry» of the transfer of the opposition, if it considers it appropriate, submit claims, modify the claims, description and drawings , in the terms provided for in article 48 of the law, or request to continue processing. If the applicant does not answer in time, we will continue with the processing.

7. in the event that the applicant for the utility model answers to objections, the Spanish Patent and Trademark Office will be moving simultaneously to all opponents, there is several of the pleadings and amendment proposals put forward by the applicant, granting them with a process of replication in each case for term of ten days from the publication of the transfer of the response to the oppositions in the «Official Gazette of the property industry».

8. the opponent may withdraw the notice of opposition until the expiration date of the period specified in the preceding paragraph.

Article 62. Examination of oppositions.

1. to examine the writings of opposition, as well as, where appropriate, reply and replicas, you will create a Commission consisting of three technically qualified, experts of the Spanish Patent and Trademark Office being one of them President. The Commission will be completed with a lawyer if it is considered that the nature of the decision so requires it. In the event of a tie of votes, the President shall have the casting vote.

2 where the Spanish Patent and Trademark Office considers that, despite the amendments or arguments of the applicant, persist reasons that prevent the granting of the utility model, shall grant the applicant a period of a month counting from the publication of the objection to the concession in the «Official Gazette of the property industry» it remedy the defect or present new allegations. To the extent that is necessary to remedy the defects, the applicant may modify the description, claims and drawings, where appropriate, in the terms laid down in articles 48 of the Act and this regulation 64.

3. Finally, the Spanish Patent and Trademark Office will solve estimating filed objections in whole or in part, by granting the request, where appropriate, modified form or denying the application for utility model in its entirety when if any of the grounds for opposition referred to in article 144.1 of the Act.

4 in the event of oppositions had not occurred or that all of them are inadmitieran or disregard, the Spanish Patent and Trademark Office granted utility model.

5. the refusal or granting of the utility model application shall be notified to the holder and opponents, with reasons, and a mention on the resolution will be published in the «Official Gazette of the property industry».

6 the publication of the decision of refusal shall contain the following information: a) number of the application and publication.

(b) the date of filing of the application.

(c) the complete data of priority or priorities claimed.

(d) the international patent classification.

(e) the title of the invention.

(f) the identification of the applicant and his representative, if any.

(g) the identification of the inventor or inventors, unless they had resigned to be mentioned as such.

(h) date of denial.

7 the publication of the award decision shall state: to) number of application and publication.

(b) the date of filing of the application.

(c) the complete data of priority or priorities claimed.

(d) the international patent classification.

(e) the title of the invention.

(f) the identification of the applicant and his representative, if any.

(g) the identification of the inventor or inventors, unless they had resigned to be mentioned as such.

((h) the date of publication of the application i) shall include, where appropriate, the modifications introduced in its claims.

(j) the date of grant.

(k) the making available to the public of the documentation for the utility model.

8 decision of granting or denial of the utility model may be appealed on appeal within the period of one month from publication of the resolution in the "Official Gazette of the property industry». However, this term is capable of re-establishment of rights in the conditions and cases referred to in article 53 of the law.

9. the appeal against the granting of single utility model shall relate to those issues that can be resolved by the Spanish Patent and Trademark Office during the registration procedure.


10 founded in grounds for refusal of utility model not examined of its own motion by the Spanish Office of patents and trademarks, only may be brought by those who have been party to opposition proceedings against the granting of the utility model based on these reasons, and head against the decision-making Act raised opposition. For these purposes the opposition will understand is rejected if, after the deadline for resolving it and notified, had not relapsed express resolution.

11. in the appeal proceedings the patentee may modify the request subject to the provisions of article 48 of the Patent Act. If as a result of a resource utility model will be modified this circumstance will be published in the corresponding announcement in the «Official Gazette of the property industry», with inclusion of the claims of the registered design and, where appropriate, a reproduction of the drawings.

12. the resolution of the appeal will put an end to the administrative procedure.

Chapter II exercise of article 63 actions. Request for report on the State of the art for the exercise of judicial actions.

1. the request for a report on the State of the art for the purposes of the provisions in article 148.3 of the law, will imply the payment of the corresponding fee. If the Spanish Patent and Trademark Office detected that the fee had not been paid or they had been insufficiently, grant to the petitioner within ten days for your subscription, indicating that not to do so is inadmitirá the request.

2. admitted the request report, the Spanish Patent and Trademark Office shall draw up the report on the State of the art, which must be accompanied by written, preliminary and non-binding opinion and will transfer thereof to the petitioner.

3 both the request and the report on the State of the art and written opinion, will be incorporated into the dossier of utility model.

4. in view of the report, the applicant for a utility model may appeals and, if necessary, modify the claims in the proceedings permitted in chapter I of title IV of this regulation.

In the light of the report, the holder may request the limitation of the utility model under the conditions and requirements provided for in article 105 and following of the law and in article 41 and following of the regulation.

Title IV common provisions on procedure chapter I modification and rectification of mistakes article 64. Amendments to the application for patent or of the granted patent.

1. the applicant or patentee only may modify the claims in the procedures of the procedures provided for in the Act and this regulation. To amend the claims, the applicant or owner may, to maintain consistency, modify the description and, where appropriate, the drawings or biological sequences, in the terms provided for in article 48 of the law.

2. when a change is made by the applicant or owner, must submit the complete set of claims in replacement of claims previously submitted and, where appropriate, the description, drawings or biological sequences.

3. the amendment shall be accompanied by a letter in which the applicant identify the differences between earlier claims and the amended claims. In addition, you must indicate the reasons for the amendment and the scope of it.

4 amended claims may not refer to material that has not been subject to search not be understood, forming a single general inventive concept, the invention or group of inventions originally claimed. Nor may refer to material that has not been subject to search under articles 27 or 28 of the regulation.

5. the applicant may modify the claims as provided in paragraph first of this article, without the consent of those who have registered rights on its application in the patent register.

6. the designation of the inventor or inventors may not be modified without the consent of the other inventors designated in the application of patent and the applicant for or proprietor of the patent.

Article 65. Correction of errors in documents submitted to the Spanish Patent and Trademark Office.

1. the defects of expression or transcription and errors contained in any document submitted to the Spanish Patent and Trademark Office can be rectified at the request of the applicant or holder.

2. for the purposes of the provisions of the preceding paragraph, if the request for rectification is to the description, claims, drawings or biological sequences, rectification should result clearly so that any other text rather than the rectified text could have been proposed by the applicant. In this case, the Spanish Patent and Trademark Office will only take into consideration the contents of the description, claims, drawings or biological sequences and, where applicable, the correction or amendment provided by the applicant.

3. in the case of a mistake in any other document of the application, the Spanish Patent and Trademark Office shall take into consideration the contents of the application itself, as well as any other document incorporated into the record prior to the request for correction and, where applicable, the correction or the corrected document provided by the applicant.

Article 66. Rectification of errors in resolutions issued by the Spanish Patent and Trademark Office.

In accordance with the provisions of article 109.2 of the law 39/2015, on 1 October, of the common administrative procedure of the administrations public, at the request of a party or on its own initiative, the Spanish Patent and Trademark Office may amend, at any time, material errors, indeed, or arithmetic existing in its resolutions or communications, provided that such correction does not affect or alter the meaning of the Act.

Article 67. Withdrawal of the application.

1. the patent application may be withdrawn by the applicant at any time until the patent is granted. Withdrawal request must be filed before the Spanish Patent and Trademark Office and shall include: a) an indication of which prompted the withdrawal of the patent application.

b) the identity of the applicant, pursuant to paragraph b) of article 2(1) of the regulation.


((c) in the event that it had appointed representative, the identity of this, pursuant to paragraph a) of article 2(2) of this regulation.

(d) the number of the patent application whose removal is requested.

(e) signature of the holder of the patent or his representative application.

2. when, in accordance with the provisions in articles 11.3 and 52.2 of Act, is necessary to accept the withdrawal stating the consent of the holder of a right entered on the patent application, must accompany the request a declaration signed by the rightholder or its representative, accepting such a withdrawal.

3. the Spanish Patent and Trademark Office shall examine if the request for withdrawal meets the requirements and conditions laid down in the Act and this regulation. On the assumption that there were irregularities, the procedure shall be suspended and these shall be notified to the applicant so that, within the period of two months, counting from the publication of the suspense in the «Official Gazette of the property industry», reply to them. If by the deadline designated defects are not remedied, the withdrawal request will be denied.

4. the Spanish Patent and Trademark Office shall notify the applicant of the decision of grant or refusal, with an indication of the reasons for the withdrawal and shall publish a notice of the resolution in the "Official Gazette of the property industry».

Chapter II measures in respect of time limits article 68. Regime of deadlines.

1. for the computation of time limits laid down in the Act and this regulation, it shall apply the provisions of chapter II of title II of the law 39/2015, on 1 October, of the common administrative procedure of the public administrations. This, however, for the payment of the annuity that accrued subsequent to the publication of the grant, computation will take place in calendar months.

2. the presence of defects in the documentation will interrupt the procedure since it is notified to the applicant the existence thereof, by means of the corresponding suspense in the processing until the defects are remedied or expiry of the time to do this, apply the term that expires before.

3. the maximum terms of resolution and notification or publication of all the procedures provided for in the Act and this Regulation shall be those laid down by the ministerial order of maximum terms is adopted in application of the provisions of the second additional provision of the Act.

4. the expiry of the deadline for a resolution to resolve a request of any proceedings filed before the Spanish Patent and Trademark Office in implementation of the Act and this regulation unless notified express resolution, will legitimize the person concerned to understand it dismissed for the sole purpose of allowing the filing of administrative litigation or administrative resources resulting from. The alleged dismissal in any case exclude the duty of express decision, which will be adopted without any linkage to the sense of silence.

Article 69. Extension of time limits.

1. except as provided in paragraph 3 of this article, the Spanish Patent and Trademark Office may extend by two months the deadlines established in the Act and this regulation.

2. the extension of a time limit must be requested in writing prior to the course of the term whose extension is requested and the Spanish Patent and Trademark Office shall resolve on it within that period.

3 not be may extend those deadlines relating to interested third parties, and in particular: to) the extension of an already-extended deadline.

(b) the deadline to request an extension or to request the restoration of rights.

(c) the deadline for paying the annuities.

(d) the time limit for claiming priority, as well as the deadline for the correction, addition or restoration of the right of priority.

(e) the deadline to file an opposition, and for administrative appeals.

(f) the deadline for reply to a communication from the Spanish Patent and Trademark Office within a contradictory procedure.

4. the Spanish Patent and Trademark Office shall examine whether the request for extension is acceptable and resolved by granting or denying, indicating the reasons. The resolution will be communicated to the applicant and shall publish a notice of the resolution in the «Official Gazette of the property industry».

Article 70. Application for restoration of rights.

1 the request for restoration of a right shall be submitted to the Spanish Office of patents and trademarks, paying the corresponding fee and shall contain the following information: a) the identity of the applicant or holder of the right whose reestablishment is requested, pursuant to paragraph b) of article 2(1) of the regulation.

((b) the identity of the representative, if any, in accordance with the subparagraph a) of article 2(2) of this regulation.

(c) term or unfulfilled pending.

d) if applicable, agreement and the extinction of the right and its publication or notification date.

(e) date of cessation of the hindrance.

(f) reasons for non-compliance, justification, evidence and arguments in support of the claim.

(g) signature of the person concerned or his representative.

2. with the request for restoration of the right must meet the omitted formality, accompanying the formalisation of the Act or request, writing or documentation which was skipped in his day in the process and whose absence determined the loss of the right.

Article 71. Review and resolution of the request.

1. will examine if the request for re-establishment of rights has been presented within the time limit prescribed in article 53.2 of the law and if the unobserved time limit is subject to reinstatement pursuant to the provisions in paragraphs 1 and 5 of article 53 of the Act and in article 14.4 of this regulation. Otherwise, it will be addressed inadmitiendo the request for re-establishment of rights.

2. admitted to processing, Office Spanish Patent and trademark will examine if the request for restoration of the right meets the requirements laid down in the previous article and article 53 of the law, and if the Act or omitted formality has been duly fulfilled in all its formalities to submit the request for re-establishment.

3. If you observe any irregularity or defect in the documents submitted shall communicate these to the applicant so that within ten days remedy them or present their allegations. Shall be rejected the request for re-establishment if irregularities or defects are not corrected in time.


4. when in the documentation submitted is not observed irregularities or defects, or when they have been corrected, will examine if the circumstances of the case due diligence has been credited.

5. having been the review quoted above will be solved, estimating or dismissing the restoration of the right. In the latter case, before dismissing the restoration of rights, shall be granted to the petitioner a deadline of ten days to make comments.

6. the mention of the decision of re-establishment of rights will be published in the «Official Gazette of the property industry».

Chapter III of the register of patents and information to the public article 72. Registered data.

1. the registration of patents referred to in article 79 of the law will be in the form of electronic data base and will be open to public consultation. In him shall be entered, as appropriate, the following terms relating to patent applications and granted patents: to) the application number.

(b) the date of filing of the application.

(c) the title of the invention.

(d) the symbols of the classification assigned.

((e) the identity of the applicant or the holder of the patent, in accordance with article 2.1, b) of this regulation.

(f) the name of the inventor designated by the applicant or by the owner of the patent, provided that the inventor has not renounced to be designated as such.

(g) the identity of the agent or representative, except that it is an employee of the applicant; in this case, just the indication of the identity and the position of the applicant. When there are several representatives, you can simply register referred to in first, followed by the terms 'and others'.

(h) the particulars relating to the priority claimed (date, status and number of filing of the previous application).

(i) indications concerning the priority of exhibition (date, status and number of display).

(j) in the case of division of the patent application, the numbers of divisional applications.

(k) indication, where appropriate, that it is a divisional application and the date of filing and number of the application or registration to proceed.

(l) the date of publication of the application and, in the case of not be coincidental, the date of publication of the report on the State of the technique or the mention of the publication of the international search report.

(m) the indication concerned a patent for processing of an application for a European patent and data relating to this request.

(n) the indication that it is an entry in the national phase of a PCT international application and data relating to this request.

(n) the date of filing of observations of third parties.

(o) the date of the resolution and of the publication of the mention of the resolution by which the patent application or patent has been rejected, granted, maintained as amended, denied, withdrawn or deemed withdrawn, limited or revoked.

(p) data relating to the oppositions filed and the filing and resolution of administrative and jurisdictional appeals.

(q) the data relating to the limitation or revocation of the patent.

(r) the data concerning requests and resolutions of resettlements of rights.

(s) data relating to the signing of an arbitration agreement, the award falling and, where appropriate, to appeals against this, and the decisions taken with regard to them.

(t) the date of the resolution for revocation of the patent, the cause and date of production of effects.

(u) the payments.

2 in addition to the inscriptions referred to in the preceding paragraphs, in the register of patents shall be they entered, always indicating the date of registration: to) changes of name, address or nationality of the applicant or the holder of the patent, or of the State in which he has his domicile, seat or establishment.

(b) changes of the name or the business address of the representative, unless in the case of the representative referred to in article 56.3 of the regulation for the implementation of the law 17/2001 of 7 December, marks, approved by Royal Decree 687/2002 of 12 July.

((c) where will appoint a new representative, your identity, in accordance with article 2.2. to) of this regulation.

(d) requests for assignment of the application or of the patent, and the date of refusal or granting of registration of change of ownership.

(e) the Constitution, modification or transfer of a right in rem and the date of the refusal or granting of the registration. In the case of a mortgage interest, is should note the date of its registration in the register of movable property.

(f) the measures of enforcement and insolvency proceedings.

(g) requests for registration, modification or transfer of licences and the date of refusal or granting of registration.

(h) the provision of full license, as well as any full license application.

(i) the submission of the patent compulsory licensing regime, as well as any request for a compulsory license and the date of its refusal or grant.

((j) requests for cancellation of registration referred to in paragraphs e) to i), and the date of registration of your cancellation.

(k) the caveats, the interpositions of demand, the interpositions of demand in the exercise of control actions and nullity (directly or by an counterclaim), requests for limitation of the patent as main or subsidiary in the midst of a process on the validity of it, any other measures precautionary statements and other firm judgments that put end to such procedures as well as any other provided for in the patent law or other laws applicable.

(l) the registry annotations that come from mediation agreements concluded or judicially approved.

3. in the register of patents also shall be recorded similarly to as provided in this chapter data relating to applications for utility models and utility models granted.

4. in addition, data relating to requests for supplementary protection certificates and granted supplementary protection certificates, as well as their extensions shall be recorded similarly to as provided in this chapter.

Article 73. Any other registered information.

1. the judicial decisions relating to the patent application or patent shall be registered after communication of the judge or competent court or at the request of an interested party.


2. by a reasoned ruling of the Director of the Spanish Office of patents and trademarks registration is available in the register of patents of other mentions not provided for in the preceding article.

Article 74. Publicity.

The patent register is public. Advertising will be effective through query to the database, obtaining listed computer or certificate issued by the competent official. The Spanish Patent and Trademark Office will provide, free inspection of the database by making it available to the public on telematic communication networks.

Article 75. Certifications.

1. the certification will be the only way to reliably prove the contents of registry entries.

2. the certification may be requested by the interested party by submitting, before the Spanish Office of patents and trademarks, an application, which shall state individual that one has to be. When prompted for a general certification regarding registry entries or the location of records of patents, supplementary certificates of protection or its extensions or utility models, this may consist of corresponding computer database extract, certified by the competent official. The application for certification will imply the payment of the corresponding fee.

Article 76. Public consultation of records.

1. the inspection of records that referred to in article 55 and the fifth additional provision of law shall be carried out on the original documents or copies of these. When records are maintained by means of electronic storage media, the inspection shall be carried out on these electronic media. The Spanish Patent and Trademark Office shall establish the form to carry out the inquiry. The request for public consultation will involve the payment of the corresponding fee.

2. for the purposes of the consultation referred to in article 55.2 of the Act, the applicant, in addition to the provisions of this article, should provide evidence that show that the applicant of record whose consultation is requested has sought to assert rights deriving from the file in front of him. The Spanish Patent and Trademark Office shall be the concerned query in this section if it considers sufficient evidence provided by the applicant.

3 are also excluded from the public consultation: to) projects of agreements and reports, as well as any document intended for the preparation of agreements and reports, which have not been communicated to the parties.

(b) communications between organs of the administration of identical result.

(c) the documentation concerning the designation of the inventor, if this would have renounced their personal right to mention in the patent.

(d) parties or file documents whose confidentiality has been requested by the interested party prior to the request, such as provided for in paragraph 5 of the fifth additional provision of law.

4. upon request, the public consultation will take place by means of issuing copies of file documents. To obtain such copies must pay the applicable rate.

5. access to the biological material deposited in accordance with article 27 of the law, be held in the conditions and forms provided for in articles 56 of the Act and 5 and 6 of this regulation.

Title V registration of assignments, licenses and other modifications of rights and offers of licensing's full-fledged chapter I registration of assignments, licenses and other modifications of Rights article 77. Content of the request for recordal of transfers.

1. the request to register the transfer of a patent or application must be made by instance, in the official model. The presentation of the application for registration shall be subject to the payment of the corresponding fee and shall include: a) the identity of the applicant or owner of the right that is transmitted, in accordance with paragraph b) of article 2(1) of the regulation.

b) the identity of the new applicant or owner, in accordance with paragraph b) of article 2(1) of the regulation.

((c) if the applicant for registration acts through representative, the identity of this, pursuant to paragraph a) of article 2(2) of this regulation.

(d) indication of the document or certifying the transfer Act.

(e) number of the patent application transmitted.

(f) signature of the applicant or his representative.

2 If the change in ownership results from a contract, the application for registration must be presented accompanied by any of the following documents: a) certified true copy of the contract or copy of the same with legitimization of signatures done before a notary or other competent public authority.

(b) summary contract stating by testimony of attorney or another competent public authority which the extract is in accordance with the original contract.

(c) certificate or transfer document signed both by the owner and the new owner, consisting of the official models.

3. If the change in ownership occurs by a merger, reorganization or division of a legal entity by legal, by administrative decision or by judicial decision, the application for registration must be accompanied issued testimony of public authority which issued the document, either copy of the document proving the change, certified or authenticated by a notary or other competent public authority. However, for the registration of liens, contests and other judicial measures just timely issued commandment to the effect by the judge or court that has rendered them or by the competent administrative authority. The request for the recordal of transfers provided for in this paragraph, shall be governed in whichever is applicable by the provisions of paragraph 1 of this article.

4. the request for registration of transfer may include several patents and patent applications, provided that the current registration holder and the new owner are the same for each of the patents or applications affected, paying the corresponding fee for each of them.

Article 78. Content of the request for recordal of change in name or address of the applicant or the representative.

1. when there is no change in the person of the applicant or proprietor of the patent, but in your name or address, change in the patent register at the request of the person concerned shall be entered.


2 the application for registration of change of name or address, shall be subject to payment of the corresponding fee, where appropriate, shall include: a) the number of the application or patent concerned.

(b) the identity of the applicant or proprietor of the patent, as recorded in the register of patents.

((c) the indication of the new name or address of the applicant or proprietor of the patent, as it is register in the register of patents after the changes, in accordance with the provisions of paragraph b) of article 2(1) of the regulation.

((d) if it had appointed representative, the identity of this, pursuant to paragraph a) of article 2(2) of this regulation.

(e) the signature of the person concerned or his representative.

3 may be packed together in a single application of change of name or address all applications or patents that belong to the person concerned. In this case, they shall indicate the numbers of all applications or patents affected, paying the corresponding fee for each of them.

4 when the Spanish Patent and Trademark Office dude, reasonably, for the veracity of the change of name or address requested, it may request the person concerned the presentation of evidence proving the change.

5. the preceding paragraphs shall apply to the change of name or address of the representative and, in accordance with their own nature, also to changes of nationality of the applicant or proprietor of the right or of the State in which he has his domicile, seat or establishment.

Article 79. Contents of the request for the recording of licenses.

1. the request for recordation of a license of patent or its application, will be presented by instance, in the official model.

2. the application, which shall be subject to payment of the corresponding fee, should include statements contained in the article 77.1 of this regulation and present accompanied by any of the documents referred to in paragraphs 2 and 3 of this article, relating to the license agreement and licensor and the licensee.

3 when proof of the license is one of those referred to in article 77.2 c) of this regulation, these documents consist of the official models.

4. the application for registration of the licence shall show if it is exclusive or not, as well as the possible limitations of the contract in terms of its duration, mode of exploitation, territorial scope, or applications. Also indicate if the licensee may transfer it, or grant sublicenses. Where in the application for registration does not indicate any of the aforementioned ends, the license shall be recorded according to legal presumptions laid down in article 83 of the law.

5. the request for recordal of the license may include multiple applications or patents provided that the licensor and the licensee are the same for each of the applications or patents affected, paying the corresponding fee for each of them.

Article 80. Content of the application for registration in other legal business.

1. the application for registration in other acts or legal business registered pursuant to the provisions of articles 79.2 and 82.1 of the Act, except the interest mortgage that will be governed by its specific provisions, shall comply with the requirements and conditions laid down in article 77 of this regulation duly adapted to the nature of the Act or right to register. The application for registration of options purchase or creation of rights in rem shall, in addition, accompanied by proof, as provided for in paragraphs a) or b) article 77.2 of this regulation.

2. in the case of registration of competition of creditors, liens or other measures of enforcement, the application for registration in the register of patents, presented by the competent authority, shall not be subject to the payment of fees. In particular, there is a competition of creditors registered office shall be suspended for any action aimed at the extinction of the right affected so long as the judicial authorization is not received. Received the judicial authorization will open within two months for the legalization of the right affected.

Article 81. Contents of the request for cancellation or modification of the registration of transfers, changes of name or address, licenses and other legal businesses.

1. the registration of transfers, changes of name or address, licenses and legal business referred to in article 80 of this regulation will be cancelled or amended at the request of one of the parties, through official model.

2 the request for cancellation or modification shall contain the following information: a) the identity of the applicant, pursuant to paragraph b) of article 2(1) of the regulation.

((b) if it had appointed representative, the identity of this, pursuant to paragraph a) of article 2(2) of this regulation.

(c) number of the record that is intended to cancel or modify.

(d) the number of the application or patent affected by the law that has to cancel or modify, in the event of cancellation or partial modification.

(e) indication of the right whose cancellation or modification is requested.

(f) signature of the applicant or his representative.

3. the provisions of paragraphs 2 and 3 of article 77 of the regulation shall apply, in accordance with their own nature, to the request for cancellation or modification referred to in this article.

Article 82. Procedure of registration of transfers, changes of name or address, licenses and other legal businesses, as well as its cancellation or modification.

1. the registration of transfers, changes of name or address, licenses and legal business referred to in article 80 of this Regulation may be requested by either party. The Spanish Patent and Trademark Office numbered and dated the request, and will be issued certifying receipt of the presentation, which may consist of a copy of the application as filed, in which shall be recorded the number, place, date and time of presentation.


2 the application has been received, the Spanish Patent and Trademark Office shall examine if the documentation presented meets the requirements laid down in articles 77 to 80 of the rules of procedure. If of the examination carried out any irregularity or defect, suspend processing, notifying the observed objections to the applicant so that, within the period of two months, counting from the publication of the suspense in the «Official Gazette of the property industry», remedy them or present their allegations. After this period it shall rule on the application for registration.

3. when the Spanish Patent and Trademark Office may reasonably doubt the veracity of any indication contained in the request for registration or in the documents accompanying it, may require the applicant the contribution of evidence proving the veracity of those indications. The reasons must be indicated in the communication by which doubt the accuracy of such information.

4. the Spanish Patent and Trademark Office not register transfers in favour of natural or legal persons which, pursuant to article 3 of the law or civil or commercial standards may not be holders of the same.

5. the Spanish Patent and Trademark Office shall resolve by granting or denying, totally or partially, the application for registration. In the case of refusal, the reasons therefor should be indicated. Relapse resolution will be published in the «Official Gazette of the property industry».

6. the preceding paragraphs shall apply to requests for cancellation or modification referred to in article 81 of this regulation.

7. on the assumption that it is a mortgage interest, this will be governed by its specific provisions, and shall be entered in the fourth section of the register of movable property with notice of such registration to the register of patents for listing on the same. For this purpose both records will be coordinated to communicate electronically registered or listed in these assessments. For the purposes of proper coordination the Spanish Office of patents and trademarks and the General direction of the registers and notaries may sign an agreement in which conditions and technical specifications of communication telematics will be fixed.

Chapter II registration offers of licenses of full-fledged article 83. Application for registration of offer of full license.

1. the holder which, under article 88 of the law, want to authorise the use of the invention subject matter of his patent to anyone interested in quality of licensee, must submit an instance before the Spanish Patent and Trademark Office. The application will involve the payment of the corresponding fee.

2 the provision of full license registration form shall include: a) the identity of the owner of the patent.

((b) if the owner acts through representative, the identity of this, pursuant to paragraph a) of article 2(2) of this regulation.

(c) number of the patent application in connection with which carries out the offering.

(d) signature of the applicant or his representative.

3 received the request, if of the examination carried out any irregularity or defect, suspend processing, notifying the observed objections to the owner of the patent so that, within the period of two months, counting from the publication of the suspense in the «Official Gazette of the property industry», remedy them or present their allegations. After this period the application for registration will be resolved.

4. the Spanish Patent and Trademark Office shall resolve by granting or denying the application for registration. In the case of refusal, the reasons therefor should be indicated. Relapse resolution will be published in the «Official Gazette of the property industry».

Article 84. Withdrawal of the offer of full license.

1 the patent holder who wishes to withdraw his offer of full license, must present an instance before the Spanish Office of patents and trademarks, which shall include: a) the identity of the owner of the patent.

((b) if the owner acts through representative, the identity of this, pursuant to paragraph a) of article 2(2) of this regulation.

(c) number of the patent application in connection with which you want to remove the offer.

(d) signature of the applicant or his representative.

2 received the request, the Spanish Patent and Trademark Office shall examine if the documentation presented meets the requirements laid down in the preceding paragraph and, in particular, if a request for use of invention has been subject to the full licence regime. If of the examination carried out any irregularity or defect, suspend processing, notifying the observed objections to the owner of the patent so that, within the period of two months, counting from the publication of the suspense in the «Official Gazette of the property industry», remedy them or present their allegations. After this period the request for withdrawal of the offer, will be resolved by granting or denying the application for registration of withdrawal. In the case of refusal, the reasons therefor should be indicated. Relapse resolution will be published in the «Official Gazette of the property industry».

3. the publication of the grant of registration of withdrawal of the offer of full license, will open the period provided for in article 88.3 of the Act, payment of the annuity reductions.

Article 85. Application to obtain a full license.

1 the applicant that wishes to exploit the invention that had been the subject of a full-fledged license offering, as a licensee, shall provide an instance to the Spanish Office of patents and trademarks, which shall include: a) the identity of the applicant for the license, in accordance with the provisions of paragraph b) of article 2(1) of the regulation.

((b) if the person concerned acts through representative, the identity of this, pursuant to paragraph a) of article 2(2) of this regulation.

(c) number of the patent application in connection with which applies for the full license.

(d) indication of the use being made of the invention.

(e) signature of the applicant or his representative.


2 received the request, where of the examination carried out would be any irregularity or defect, suspend processing, notifying the observed objections to the applicant so that, within the period of two months, counting from the publication of the suspense in the «Official Gazette of the property industry», remedy them or present their allegations. After this period the application for obtaining full licence will be resolved.

3. If the Spanish Patent and Trademark Office considers that impediment there is no, it shall request for obtaining full licence to the owner of the patent and the applicant for the authorization, indicating that after the period of one month from the receipt of the communication, the applicant is entitled to use the invention in the mode indicated in the request.

4. If within the period of a month indicated in the preceding paragraph, Parties not reach an agreement on the compensation that would pay the licensee, any of them may request the Spanish Patent and Trademark Office to set the appropriate amount of such compensation. The request will be presented to the Spanish Patent and Trademark Office and will involve the payment of the corresponding fee. The Spanish Office of patents and trademarks, before working out, previously heard both sides and may contact the institution that considers more appropriate given the circumstances of the case to petition for the appointment of the expert who help in the determination of the compensation payable by the licensee. The resolution will be communicated to the parties.

5 in the event that they have on or known facts that did appear as manifestly inappropriate the amount established, either party may request from the Spanish Patent and Trademark Office to modify it. The request will be presented to the Spanish Patent and Trademark Office and will involve the payment of the corresponding fee. The Spanish Office of patents and trademarks, before working out, previously heard both sides and may contact the institution that considers more appropriate given the circumstances of the case to petition for the appointment of the expert who help in the determination of the compensation payable by the licensee. The resolution will be communicated to the parties.

Title VI licensing mandatory article 86. Application for compulsory licence.

1. any person who, under article 92 of the law or the proprietor of a later patent that, by virtue of article 93 of the law, want to apply for a compulsory licence, shall provide to the Spanish Office of patents and marks an application on the official form. The request shall be subject to the payment of the corresponding fee and shall contain: a) the identity of the applicant, pursuant to paragraph b) of article 2(1) of the regulation.

((b) if the person concerned acts through representative, the identity of this, pursuant to paragraph a) of article 2(2) of this regulation.

c) the number of the patent application refers to which the application for compulsory licensing, as well as the identification of the patent owner.

(d) tests on the circumstances that they converge in the case and that could justify the granting of compulsory licenses.

e) proof attesting the previous attempt of obtaining contractual licence, except in the cases provided for in article 97.2 law.

(f) the purpose and the scope of the license granted is intended to obtain and the reasons that support this claim.

(g) data allowing to judge that the applicant has means to carry out a real and effective exploitation of the patented invention and that offer the guarantees reasonably the patent holder may be required to grant a licence.

(h) signature of the applicant or his representative.

2. If, in application of the provisions of articles 94 and 95 of the Act, submission of a patent is decreed the compulsory licensing regime, the Spanish Patent and Trademark Office shall publish a mention in the «Official Gazette of the property industry». Thereafter, any person who wishes to apply for a compulsory licence must submit an application according to the requirements set forth in the preceding paragraph.

3 the application has been received, the Spanish Patent and Trademark Office shall examine if the documentation presented meets the requirements set out in the preceding paragraphs. If of the examination carried out any irregularity or defect, suspend processing, notifying the objections noted to the applicant for the compulsory so that, within the period of two months, counting from the publication of the suspense in the «Official Gazette of the property industry», remedy them or present their allegations. Otherwise, the grant of the compulsory license shall be refused. The resolution of refusal will be communicated to both parties and will be published in the «Official Gazette of the property industry».

Article 87. Procedure.

(1) if the examination they are not defects in the application for compulsory licence or such defects had been duly rectified, the Spanish Patent and Trademark Office will transfer to the holder of the patent for the application of compulsory documents accompanying it within a maximum period of one month from the publication of the suspense in the «Official Gazette of the property industry» perform allegations deemed appropriate and where appropriate provides the necessary evidence in support of its allegations 2. If the patentee does not answer within the prescribed period, the Spanish Patent and Trademark Office will proceed to the grant of the compulsory license. If the patent holder answered, the Spanish Patent and Trademark Office will assess allegations and evidence submitted by the parties.

3. at the request of both parties, the Spanish Patent and Trademark Office may suspend a one-time processing the file for the period that it considers appropriate in view of the circumstances of the case. This period may not exceed six months.

4. where the Spanish Patent and Trademark Office considers that circumstances exist that justify the grant of the compulsory license and thus it be published in the «Official Gazette of the property industry», proceed as provided for in paragraphs 2 to 4 of article 99 of the law. Otherwise, the grant of the compulsory license shall be refused.

5. the Spanish Patent and Trademark Office shall apply to the institution that considers more appropriate given the circumstances of the case to petition for the appointment of the expert who must be appointed pursuant to paragraph 2 of article 99 of the law.


6. the decision granting the compulsory license should determine the content of this. In particular, it shall fix the scope of the license, canon, the duration, the guarantees that must provide the licensee, the moment from which run in exploitation and any other clauses that ensure that it will exploit the patented invention in a serious and effective manner. Likewise, resolution will determine which costs are to be borne by each party, that will be caused to your instance, can impose payment of all expenses to parties when it declares that he has acted with recklessness or bad faith. Common costs will be paid by half.

7. both the decision granting the license as that denied it, shall be communicated to both parties and will be published in the «Official Gazette of the property industry».

Article 88. Compulsory licences for the manufacture of medicinal products intended for countries with public health problems.

The application and procedure in the event of compulsory licences for the manufacture of medicinal products intended for countries with public health problems provided for in article 96 of the law shall be governed by the provisions in Regulation (EC) No. 816/2006 of the European Parliament and of the Council of 17 May 2006 on compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with problems, of public health.

Title VII chapter I patent expiration for lack or insufficiency of exploitation of the patent article 89. Revocation for lack or insufficiency of exploitation of the article 108.1. d) of the Act.

1 the statement of the administrative proceedings for revocation provided for in article 108.1. d) and 4 of the Act may be initiated ex officio or at the request of an interested party.

2. the notice of request for revocation shall be notified to the owner of the patent and the licensees of all registered compulsory licenses or registration so that, within the period of two months from the notification, submit timely claims.

3 after the deadline in the previous paragraph, the Spanish Patent and Trademark Office shall decide, taking into account the content of the license granted in accordance with article 99 of the law, especially with regard to the scope of the licence and other relevant clauses relating to exploitation or delay of start of the holding, as provided for in paragraphs 4 and 7 of article.

4. do not you can remember the expiration patent if, two years after the grant of the first compulsory license, the invention is being exploited or if there is no exploitation, there were requests for compulsory license in processing in accordance with article 98 of the Act or other compulsory licenses granted, proceeding in such a case the cancellation of all issued compulsory licenses not exploited in the two years following their award. For the purposes of article 108.1. d) law, a compulsory licence that has been cancelled will not be the consideration of the first compulsory license granted, except that all compulsory licences granted are cancelled and there are no pending compulsory license applications.

Article 90. Revocation for lack or insufficiency of exploitation of the article 108.1. e) of the Act.

1 revocation provided for in article 108.1. e) Act upon instruction of the corresponding record, must be stated initiated ex officio or at the request of an interested party.

2 will be transfer to the patentee of the letter of request for revocation, within the period of two months from the notification, you can submit allegations and evidence justifying the circumstances that determine the exploitation.

3 after the deadline in the previous paragraph, the Spanish Patent and Trademark Office will solve.

Article 91. Resolution.

1 if the Spanish Patent and Trademark Office declared the patent to lapse for lack or insufficiency of exploitation, according to the article 108.1. d) or 108.1. e) law, will be notified to the holder and, where appropriate, to compulsory licensee, as well as any holder of any registered right on the patent, and will be published in the «Official Gazette of the property industry».

2. If the Spanish Patent and Trademark Office appropriate to the cancellation of a compulsory license that is not operated in accordance with article 89.4 hereto, this resolution we will notify both the holder of the patent and the licensee of the compulsory license cancelled and any holder of any right inscribed on the patent, and will be published in the «Official Gazette of the property industry».

Chapter II by renunciation of the owner article 92. Total or partial waiver of patent.

1 the request for waiver of the patent pursuant to the provisions of article 110 of the law must be presented before the Spanish Office of patents and trademarks, which shall include: a) an indication that the partial or total waiver of the patent is requested.

b) the identity of the holder of the patent, in accordance with paragraph b) of article 2(1) of the regulation.

((c) in the event that it had appointed representative, the identity of this, pursuant to paragraph a) of article 2(2) of this regulation.

(d) the number of the patent application whose resignation is requested.

(e) in the event that prompted the partial waiver, indication of the claims that waives.

(f) signature of the holder of the patent or his representative.

2. when, pursuant to the provisions of paragraph 4 of article 110 of the law, it is necessary to accept the waiver that the consent of the holder of any registered right on the patent or, where applicable, of the applicant of a reivindicatoria action or declaration of invalidity of the patent, the record simply accompany the application a declaration signed by the owner of the right or of the applicant , or its designee, accepting such waiver.


3. the Spanish Patent and Trademark Office shall examine whether the waiver request meets the requirements and conditions laid down in the Act and this regulation. In particular, in the event that prompted a partial waiver, be verified that such waiver does not imply an extension of the subject-matter of the patent. On the assumption that there were irregularities, the procedure shall be suspended and these shall be notified to the owner so that, within the period of two months, counting from the publication of the suspense in the «Official Gazette of the property industry», reply to them. If by the deadline designated defects are not remedied, it refused the requested waiver.

4. the Spanish Patent and Trademark Office published in the «Official Gazette of the property industry» the acceptance of the resignation agreement. En_caso_de total renunciation shall expire patent in accordance with article 108.1. b) of the Act. In the event of partial waiver, specify the claims that had been the subject of resignation and those for which had been subsisting patent. In the latter case, if the patentee would have provided a new text adapting the demands, will be published, upon payment of the corresponding fee, a new brochure that will include the indications referred to in article 39.9 this regulation, replacing the references to the maintenance of the concession of modified, by an indication of partial waiver form.

Title VIII implementation of the international conventions chapter I application of the Convention on the grant of European patents article 93. Filing of European patent applications which do not claim priority of an earlier deposit in Spain.

1. Requests for European patent that arise before the Spanish Office of patents and trademarks, do not claim the priority of an earlier deposit in Spain and are drafted in a language other than the Spanish, must be accompanied of a translation into Spanish, at least, of the title and abstract. In the event that this translation had not provided, will be required to the applicant so that within a month counting from the publication in the «Official Gazette of the property industry» contribution translation.

2. If, in applying the provisions of article 34 and title XI of the Act, the Spanish Patent and Trademark Office considered that the subject of the application of European patent invention might be of interest for national defense, it shall request the applicant to make, within the period of one month, provide a translation into Spanish of the description and of the claims and a copy of the drawings , in your case, even if doesn't contain expressions that need to be translated.

3 once received documentation, shall be sent to the Ministry of defence so that, as soon as possible within the time limit for the transmission of European patent applications to the European Patent Office prescribed in rule 37.1. b) of the regulation of implementation of the Convention on the grant of European patents (made in Munich on 5 October 1973) issue a reasoned report on whether the subject of the European patent application could be of interest for national defense.

4. in the case that the Defence Ministry considers that the invention is of interest for national defense, it will require to the Spanish Patent and Trademark Office that it has ordered the secret handling of the same and perform the corresponding notification to the applicant. Also, before during the prescribed period referred to in the preceding paragraph, the Spanish Patent and Trademark Office shall inform the European Patent Office that you will not transmit the European patent application.

Article 94. Procedure for the provisional protection of the published European patent application.

1. to obtain the temporary protection referred to in article 154 of the Act, the applicant for a European patent must ask before the Spanish Patent and Trademark Office. This application will involve the payment of the corresponding fee.

2 the application for provisional protection shall include: a) the identity of the applicant for a European patent, in accordance with the provisions of paragraph b) of article 2(1) of the regulation.

((b) when the applicant Act through a representative, the identity of this, pursuant to paragraph a) of article 2(2) of this regulation.

(c) the number of application or publication of European patent whose temporary protection is requested.

(d) the title of the invention referred to in the European patent application, translated to the Spanish.

(e) signature of the applicant or his representative.

3. the application shall be accompanied by the translation to the Spanish claims, as well as a copy of the drawings, in his case, and a translation of expressions containing. As to the formal requirements of the translated claims, they shall be laid down in the annex to this regulation.

4 the application has been received, the Spanish Patent and Trademark Office shall examine if the documentation presented meets the requirements set out in the preceding paragraphs. If of the examination carried out any irregularity or defect, suspend processing, notifying the observed objections to the applicant so that, within the period of two months, counting from the publication of the suspense in the «Official Gazette of the property industry», remedy them or present their allegations. After this period the application will be resolved.

5. in the period of one month from the date of referral of the translation or the rectification of defects, will be published in the «Official Gazette of the property industry» an announcement granting or denying temporary protection. Also, where appropriate, be published a leaflet with the claims and drawings, if any.

Article 95. Procedure for the final European patent protection.

1. in accordance with provisions in article 155 of the Act and the period provided for in the second paragraph, the holder of a European patent who wishes to obtain the definitive protection in Spain must submit before the Spanish Office of patents and marks the translation of the European patent as it has been granted. The final application will involve the payment of the corresponding fee.

2 the final application should include: a) the identity of the proprietor of a European patent, in accordance with the provisions of paragraph b) of article 2(1) of the regulation.

((b) if the owner acts through representative, the identity of this, pursuant to paragraph a) of article 2(2) of this regulation.


(c) the number of application or publication of European patent whose definitive protection requests.

(d) the title of the invention referred to in the European patent, translated to the Spanish.

(e) signature of the holder or his representative.

3. the application shall be accompanied by the translation into Spanish of the full brochure of the European patent as it has been granted, modified or limited by the European Patent Office. As to the formal requirements of the translated brochure (description, claims, drawings and biological sequences, if any), shall be laid down in the annex to this regulation.

4 the application has been received, the Spanish Patent and Trademark Office shall examine if the documentation presented meets the requirements set out in the preceding paragraphs. If of the examination carried out any irregularity or defect, suspend processing, notifying observed objections the holder so that, within the period of two months, counting from the publication of the suspense in the «Official Gazette of the property industry», remedy them or present their allegations. After this period the application will be resolved.

5. in the period of one month from the date of referral of the translation or the rectification of defects, will be published in the «Official Gazette of the property industry» an announcement granting or denying the ultimate protection. In his case, a booklet on the same conditions and with the same content as for national patents, with the exception of the summary will be published.

Article 96. Revision of the translation.

1. the applicant for or proprietor of a European patent may, at any time and during the legal life of a patent, review the translation provided prior to the Spanish Patent and Trademark Office.

2. the procedure for requesting the publication of the review of the translation will be provided for in the preceding articles and will be subject to the payment of the corresponding fee.

Article 97. Correction of brochures by the European Patent Office.

For those brochures published by the European Patent Office with respect to which the applicant or the patentee filed a translation to the Spanish with the Spanish Patent and Trademark Office, in the case that the European Patent Office published a correction, the applicant or proprietor of the European patent shall file with the Spanish Office of patents and marks the corresponding correction of translated to the Spanish brochure or an indication that such correction not It affects the European patent with effect in Spain. If the applicant or the patentee not submit the translation of the correction, this will not take effect in Spain.

Article 98. Conversion of the European patent application.

1. the European patent application shall be considered from the date of receipt of the request for conversion by the Spanish Office of patents and trademarks, as a national application.

2. once the request for conversion has been received, the Spanish Patent and Trademark Office shall notify the applicant so that, within the period of two months from the publication in the "Official Gazette of the property industry», present the national application and pay the relevant fees. At that time, you must choose whether to protect the invention through a patent or a utility model.

3. the application for patent or utility model shall be governed by the requirements and formalities provided for in the Act and this regulation. With respect to the Spanish translation, if the text of the European patent application had changed in the course of the procedure before the European Patent Office, the applicant must submit, within the period provided for in the preceding paragraph, the translation of the text you want to establish the procedure before the Spanish Patent and Trademark Office.

4. the national application resulting from the transformation of a European patent application will keep the deadline which had been agreed by the European Patent Office.

Chapter II implementation of the cooperation treaty patent (PCT) Article 99. The Spanish Office of patents and trademarks as a receiving Office.

The international application which is presented to the Spanish Patent and Trademark Office as a receiving office will result in the payment of the transmittal fee referred to in article 163.3 of the law. This rate is payable within the period of one month, counting from receipt of the international application by the Spanish Office of patents and trademarks. In the event of non-payment of the fee, will proceed according to the provisions of Rule 16bis PCT.

Article 100. Procedure for the provisional protection of the published international application.

1. for the purposes of article 170.2 of the law where the international application had been published in a language other than the Spanish, the applicant must request the provisional protection before the Spanish Patent and Trademark Office. This application will involve the payment of the corresponding fee.

2 the application for provisional protection shall include: a) the identity of the applicant of the international application, in accordance with the provisions of paragraph b) of article 2(1) of the regulation.

((b) when the applicant Act through a representative, the identity of this, pursuant to paragraph a) of article 2(2) of this regulation.

(c) the number of application or publication of the international application whose temporary protection is requested.

(d) the title of the invention referred to in the international application, translated to the Spanish.

(e) signature of the applicant or his representative.

3. the application shall be accompanied by the translation into Spanish of the international application as it has been published, as well as a copy of the drawings, if any, and a translation of expressions containing. As to the formal requirements of the translated documents, they shall be laid down in the annex to this regulation.

4 the application has been received, the Spanish Patent and Trademark Office shall examine if the documentation presented meets the requirements set out in the preceding paragraphs. If of the examination carried out any irregularity or defect, suspend processing, notifying observed objections the holder so that, within the period of two months, counting from the publication of the suspense in the «Official Gazette of the property industry», remedy them or present their allegations. After this period the application will be resolved.


5. in the period of one month from the date of referral of the translation or the rectification of defects, will be published in the «Official Gazette of the property industry» an announcement granting or denying temporary protection. In your case, be published a brochure under the same conditions and with the same content as for national patents.

Article 101. Processing of the international application in the national phase.

1. the deadline for entering the national phase, such as provided for in article 169.1 law, will be the provisions of articles 22 or 39 PCT.

2 to enter into national phase, the applicant shall file with the Spanish Office of patents and trademarks the following documents and information: a) instance indicating that it is an international application entering national phase before the Spanish Patent and Trademark Office, as indicated in article 2.2. b) of this regulation;

(b) protection mode desired: patent or utility model. A type of protection mode may only be requested by each international application.

((c) the identity of the applicant, pursuant to paragraph (b)) of article 2(1) of the regulation, and of his representative, where appropriate, in accordance with paragraph a) of article 2(2) of this regulation. In the event that the applicant does not match the applicant of the international application on the international filing date, shall be furnished document of transfer, except that they had been the change in the person of the applicant in accordance with Rule 92bis of the PCT.

(d) any priority claim which has been indicated in the international application. If the applicant does not match the person appearing as such in the priority application, document containing proof of the right of the applicant to claim priority of the earlier application must be submitted. You won't need to provide that proof document if the request of the PCT international application contains a declaration concerning the rule 4.17. iii) of the PCT, which has been accepted by the competent receiving Office or by the International Bureau of the world intellectual property organization. In addition, it is payable the priority rate.

(e) the translation to Spanish of the international application as it was originally deposited and, where appropriate, the modifications made under articles 19 or 34 of the PCT. In the event that the applicant entering the national phase, wishes to make changes, be contributions in Spanish and attached a letter that indicated differences between the PCT international application as it was deposited or modified in the international phase and the changes made when entering the national phase. In that letter you must indicate the reasons for these modifications and specify the description documents, claims and, where applicable, the drawings, in which wishes to found the procedure before the Spanish Patent and Trademark Office.

3 to enter into national phase the applicant must pay, in the period provided for in paragraph 1, the rate of application and, where applicable, the rate of priority referred to in paragraph 2.d). When requested protection mode is a patent, the applicant must pay equally within the same period the rate for the preparation of the report on the State of the art provided for national patents.

4. If the Spanish Patent and Trademark Office will detect any irregularity pursuant to paragraphs 1 and 2, it shall inform the applicant so that, within the period of two months from the publication of the suspense in the «Bulletin official of industrial property», present allegations or remedy the shortcomings detected, indicating that, otherwise, they will be you by retired from the application. The resolution of withdrawal shall be notified to the applicant and published in the «Official Gazette of the property industry».

5 verified compliance with the requirements of the preceding paragraphs, the international application will be processed as a national application for a patent or utility model in accordance with provisions of the Act and this regulation.

6. once initiated the national phase, will examine if the fees referred to in paragraph 3 have been paid. If detected the lack of payment of fees or insufficient payment, is communicated to the applicant that you make or complete the payment within the period of a month counting from the publication of the defect in the «Official Gazette of the property industry», with indication of that if it did not the application withdrawal shall. The resolution of withdrawal shall be notified to the applicant and published in the «Official Gazette of the property industry».

7 defects of paragraphs 1 to 3 of this article, they may be communicated to the applicant together with a single notification, giving a common period of two months starting from its notification to its correction, with an indication of which if did not withdrawn the petition shall be.

8. when in accordance with provisions of article 17.3 of the PCT, the international search report there had been rather than in relation to one or more claims, does not satisfy the requirement of unity of invention international application, the Spanish Patent and Trademark Office shall examine if the invitation made to the applicant by the International Searching Authority to pay the additional fees was justified. If the Spanish Patent and Trademark Office considers that the requirement was justified, proceed as envisioned by the patent law and the regulation for those requests that do not comply with the requirement of unity of invention. If, on the other hand, the Spanish Patent and Trademark Office deems that unity of invention there is, you will search for unintended claims and a report on the State of the art and a written opinion will be issued.

The right to the patent article 102 title IX claim. Firmness of the rejecting ruling and resumption of the procedure.

Duly notified the firmness of the judgment or ruling which put an end to the procedure by which rejects is the demand that referred to in article 11 of the law, the Spanish Office of patents and trademarks published in the «Official Gazette of the property industry» the rejection of the demand, it will lift the suspension of the procedure, and resume the procedure.

Article 103. Firmness of the positive judgment and options of the legitimate holder.


1. once duly notified the firmness of the judgment or of the resolution which put an end to the procedure by which estimated demand refers to which section 11 of the Act, and provided that the patent had not become be granted yet, the actor must choose one of the options from the paragraph 1 of article 11 within the time limit of three months from the firm. After three months without that the actor had communicated their choice, shall be considered asking that the patent application is refused. In this case the Spanish Patent and Trademark Office is to the provisions of paragraph 4 of this article.

2 If the actor chooses to continue the procedure relating to the application will carry in the position of the applicant: to) when the judge had not agreed suspension procedure of concession, the procedure will continue with the new applicant for the transaction concerned;

(b) when the judge had agreed the suspension procedure granting, suspension shall be without effect and the Spanish Patent and Trademark Office published in the «Official Gazette of the property industry» resumption of the procedure with the new applicant for the procedure that corresponds.

3 If the actor chooses to submit a new application for patent for the same invention, the new application, in application of the provisions in article 26.3 of the Act, keep the date of filing of the original application, to the extent in which their object was already contained in that application. The date of filing of the new application shall be deemed withdrawal the original request.

The actor will keep this right to file a new patent application, notwithstanding that the solitude of original patent had been refused, withdrawn or considered withdrawn.

4 If the actor chooses to ask that the request is denied, the Spanish Patent and Trademark Office shall decide to refuse and the resolution will be published in the «Official Gazette of the property industry».

Article 104. Partial recognition of the right to obtain the patent.

They will be of application, mutatis mutandis, article 11 of the law and the articles 102 and 103 of this regulation when the Court declares that the only actor has the right to obtain the patent as co-holder of the patent application.

Title X of article 105 rates. Reduction of rates of paragraph 1 of article 186 of the law.

1. entrepreneurs having the condition of individual or small and medium enterprises, applying for a patent or a utility model shall ask the Spanish Office of patents and marks the recognition of the right of fee reduction referred to in article 186 of the law. Together with the request, you must provide documents proving, by any means recognized in law, that the applicant conforms to the definition of entrepreneur set forth under Act 14/2013, September 27, to support entrepreneurs and their internationalization and to the definition of small and medium enterprises adopted by recommendation 2003/361/EC, of the European Commission , 6 may, concerning the definition of micro, small and medium-sized enterprises.

2 in the event of any irregularity is detected or is missing some documentation, shall notify the defects observed the applicant within the period of two months from the publication of the suspense in the «Official Gazette of the property industry», he repaired them or present their allegations. Once this period has elapsed the application relating to the recognition of the right to reduction of rates will be resolved.

3 while justifiably resolution, will be interim processing the case of patent or utility model, having paid 50 percent of the fees earned by the applicant and noted by the Spanish Office of patents and trademarks the payment made.

4. the resolution on the recognition of the right to the reduction of rates will be notified to the applicant and published in the «Official Gazette of the property industry». In the case of refusal, shall you be granted within ten days so appropriate to satisfy the total amount of accrued fees, with indication of if not to do so shall be rejected the request.

5. in the event of a resolution recognizing the right, the record will be processed to record amounts that in every administrative act accrued and will meet.

Article 106. Bonus rates at public universities.

1. in the event that a public University wishes to benefit from the bonus of 100% of the amount of the rates referred to paragraph 2 of the tenth additional provision of the law, shall request the return before the Spanish Patent and Trademark Office.

2. the procedure and conditions for the application for repayment shall be those provided for in the articles 124 et seq. of law 58/2003, of December 17, General tax and its implementing regulation. Also along with the refund request, the applicant must provide proof that the invention subject to patent, the model of utility or the supplementary protection certificate or its extension which prompted the return of fees is being economically exploited real and effectively. The means test will be those admitted in law.

3. those fees that accrued subsequent to the recognition of the right to a refund, must be paid by fifty percent, in accordance with the provisions of paragraph 1 of the tenth additional provision of the law, without prejudice to that is to apply for the bonus of 100 percent. To do this you will be prompted the return of the amount paid as provided in the preceding paragraph, providing statement responsible for the holder that the invention subject to the patent, of the utility or the supplementary protection certificate or its extension model continues being exploited.

Title XI representation before the Spanish Patent and Trademark Office article 107. Representation in the field of inventions.

Except as provided in article 175.2 of the law, nobody will be obliged to be represented before the Spanish Patent and Trademark Office. However, those who are party to a proceedings before the Spanish Patent and Trademark Office in which you act for themselves and not have domicile or headquarters in Spain shall designate, effect of notifications, a mailing address in Spain or, Alternatively, indicate that notifications be addressed them by any other technical means of communication available to the Office.


Article 108. Accreditation of representation on inventions.

1 will not be necessary to provide power of representation, except in the following cases: to) in case of reasonable doubt about the right to act as representative.

b) when there is an appointment or any document by a representative not indicated on the date of filing the patent application, utility or supplementary certificate of protection or its extension model is presented.

(c) when prompted for the registration of an assignment, change of name, license or other legal business.

(d) when prompted for the registration of a surrender, withdrawal, limitation or revocation.

(e) when an opposition to the grant of a patent or a utility model application is presented.

2. for those cases in which Hague accredited representation, representatives must be submitted to the Spanish Office of patents and marks the corresponding power signed by the interested party for inclusion in the files. Power may be granted for one or more applications or one or more registrations identified in the power. A general power of Attorney that empower the representative to act in relation to all the formalities relating to patents, utility models, certificates supplementary protection or its extensions of the grantor may be made.

3. When shall be communicated to the Spanish Patent and Trademark Office the appointment of a representative, the corresponding power shall submit within the period of two months to count from this communication, or two months counting from the publication of the notice in the "Official Gazette of the property industry», applying the time limit which expires later. In the event that the power is not filed within the time limits prescribed above, the procedure will continue with the represented. Acts performed by the representative not accredited, with the exception of the presentation of the application for patent, utility or supplementary certificate of protection or its extension model, will be taken to not have been made, if they are not confirmed by the represented within the above prescribed. All this without prejudice to the provisions of the first paragraph of this article.

4. any representative that, for whatever reason, let be proxy will continue being considered as such until not completion of its power has been communicated to the Spanish Office of patents and trademarks, or competent body.

5. unless the own power otherwise, its endangered by the death of the grantor will not prevent Attorney perform before the Spanish Office of patents and trademarks acts of conservation, defence and maintenance of the applications and registrations of the grantor that are indispensable to the granting of a new power or the designation of a new, taken over by the heirs of him or the personal appearance of these.

Article 109. Aptitude test.

1 to carry out the examination referred to in article 177.1. e) of the Act, the Director of the Spanish Office of patents and trademarks shall be the corresponding public announcements annually, can increase this maximum period to two years, for duly justified reasons.

2 the basis of calls for proposals will regulate access to the testing procedure and that of their preparation and qualification, in accordance with the following guidelines: to) audition will have aimed to assess whether the applicant possesses the necessary knowledge to carry out professional activity defined in article 176.1 of the law, particularly if the applicant possesses a sufficiently broad knowledge of national and international standards which regulate and affect the industrial property and if you are familiar with the handling of such knowledge, to be applied in conditions which arise usually at an Industrial property agent during the exercise of their profession, including knowledge of foreign languages.

(b) the examination shall consist of theoretical, practical tests and foreign language, tests which must be overcome individually, on the basis of the program that will be made public along with the call.

3. the Court qualifier will be designated in the call and will be made up of a number of odd members, not less than five, is also designating alternate members. The members of the Court shall be designated among specialists in the field of industrial property having a degree equal or superior to that required in article 177.1. d) of the Act. The Court shall be responsible for the development and qualification of the selective tests in accordance with the basis of the call. The respective calls can be determined that the accreditation of having obtained master's degree comprising modules, materials or skills related to industrial property, increase the qualification obtained in the corresponding theoretical test of audition in twenty-five per cent of the maximum possible score assigned to the theoretical evidence for applicants who had passed the corresponding exercise.

4. the qualifier Court rise to the Director of the Spanish Office of patents and marks the relationship of applicants who have passed the entrance examination. The Director of the Spanish Office of patents and trademarks will give adequate publicity to the list of approved applicants and issued the corresponding certificates of competency, evidence of the requirement laid down in article 177.1. e) of the Act.

Article 110. Exercise of professional activity and special register of Industrial property attorneys.

1. to start the exercise of the activity of the Industrial property agent will be necessary to have previously presented before the Spanish Office of patents and marks a responsible statement in which stakeholders express, under their responsibility, that they meet all the requirements laid down in article 177 of the Act, with supporting documentation, that are not in the incompatibility of article 178 of the same body of law and that they undertake to keep your compliance as there is low in activity, by any of the circumstances provided for in article 180 of the law.


2. the responsible statement enables for the exercise of the activity, from his presentation, throughout the national territory and for an indefinite period. Once received the responsibility declaration, the Spanish Patent and Trademark Office will proceed to registration of the Industrial property agent in the special register of Industrial property attorneys. If the responsible statement had a defect the Spanish Patent and Trademark Office will require the applicant so that, within a period of ten days, he repaired it, indicating that, if they did not, shall be not presented the responsible Declaration.

3. do not they may require the submission of supporting documentation of compliance with the requirements together with the responsible statement. However, this documentation must be available for presentation before the Spanish Patent and Trademark Office when it so requires.

Documents from another Member State of the European Union which it transpires that they compliance with such requirements in the terms provided for in article 17.2 of the Act 17/2009, November 23, on free access to the services and your exercise activities will be accepted for the purposes of evidence compliance with the requirements of the regulations.

Article 111. Registration of professional societies in the special register of Industrial property attorneys.

1 a the effects of article 176 of the law, so that a legal person can get the registration in the special register of agents of the Spanish Office of patents and trademarks responsible statement submitted must contain the following details: to) name of the legal person, tax identification number, registered office postal address, mention that the legal person is registered as a professional society as well as data from the agent partner of the Practicing Industrial property.

(b) the submission of the application for registration, which involves the payment of the corresponding fee, must be signed by the person who holds the representation of professional society.

2. If the Spanish Patent and Trademark Office will detect the lack of any requirement, it shall inform the applicant of the registration, giving ten days for its correction and indicating that otherwise shall be the registration application rejected.

3. for the appropriate registration purposes, the professional society shall inform the Spanish Office of patents and marks changes that occur in their Industrial property agent membership and its name.

Article 112. Employees and auxiliary of representatives.

1. in its action before the Spanish Patent and Trademark Office, the representatives whether they or legal person can avail themselves of employees or assistants, that bass its direction, supervision and responsibility made the material operations of its management, such as payment of fees, submission of documents, representation for collection of official communications, removal of titles or similar for which purpose they will present the corresponding authorization and proof of payment of the fee involved.

2. to be used or Assistant of a representative having reached the age of majority and not be in the incompatibilities laid down for these will be required.

3. representatives shall communicate to the Office any modification or termination of effects of authorizations granted to employees or assistants.

Articulo113. Freedom to provide services in the European Union.

The Agentes de la Propiedad Industrial established in another Member State of the European Union, which temporarily provide their services in Spain shall comply with the rules on access to and exercise of the profession approved by the Royal Decree 1837 / 2008, of 8 November, which incorporated into Spanish law Directive 2005/36/EC of the European Parliament and the Council of 7 September and Directive 2006/100/EC , of the Council of 20 November 2006 concerning the recognition of professional qualifications as well as to certain aspects of the practice of the profession of lawyer and the regulations that develop it, and must submit a prior declaration according to the model adopted by the Spanish Office of patents and trademarks, which must be renewed annually in case of continuing the temporary service provision.

Article 114. Delegation of the representation.

1. the Industrial property agents may delegate their representation in other Industrial property agent, but in this case the acting Industrial property agent shall always use the antefirma: «by the Industrial property agent. Don/Doña...», stating the number of registration in the register of both. The records involved a replacement, in accordance with the provisions of this section, in which will be affected their responsibility together with the agent of the property industry replaced.

2. the Industrial property agents may not intervene by delegation on those records to which they are party, taking another representation whose interests are different. When this occurs, the course of the record shall be declared suspended and you will be notified directly to the represented, giving a period of fifteen days to appear in person or, where appropriate, appoint another Industrial property agent representing him.

3. all preceding ordinals provisions shall apply when the delegation is a legal person registered in the special register of Industrial property attorneys.

Article 115. Training in industrial property.

The Spanish Patent and Trademark Office may convene periodically courses on industrial property, in order to facilitate training in this area.

First additional provision. Regime of the procedures.

In accordance with the first additional provision of the law, the procedures covered in this Regulation shall be governed by its specific regulations, and in matters not provided for her, by the provisions of the law 39/2015, on 1 October, of the common administrative procedure of the public administrations. In particular, judgments in the procedures of this Regulation shall be appealable in accordance with the provisions of such law 39/2015, October 1, with the exception of the maximum period for resolution of resources of appeal, which shall be that laid down in the ministerial order of maximum terms.

Second additional provision. Official models and presentation.


1. the applications and other documents must be submitted in the official models for this purpose established the Spanish Patent and Trademark Office. These models will be available to citizens in the electronic site of the Spanish Office of patents and trademarks. In any case, be accepted international forms for this purpose establishing the Assembly of Treaty of patent law under rule 20 of its rules of procedure.

2. by a decision of the Director of the Spanish Office of patents and trademarks the formal and technical requirements for the electronic filing of any application or other documents in accordance with article 22.3 of the law may be.

3. they will be required to interact with the Spanish Patent and Trademark Office by electronic means of the Industrial property agents referred to in article 176 of the law, as well as legal persons.

4. any request concerning one of the procedures covered in this Regulation may be made at workplaces and means provided for in article 22 of the law.

Third additional provision. Digital Library accepted by the Spanish Patent and Trademark Office.

For the purposes of the provisions of this regulation, the Spanish Patent and Trademark Office will make accessible to the public a list of digital libraries by she accepted. This listing will appear on the electronic site of the autonomous body.

Fourth additional provision. Issuance of certificates and copies in electronic format.

The conditions under which certifications and copies authorized in all modalities of industrial property are issued in electronic format may be by resolution of the Director of the Spanish Office of patents and trademarks. Also, conditions will be established so that the authorized copies made available to those accepted digital library in which participates the Spanish Patent and Trademark Office.

In everything else, either end related to registered rights test shall be governed by General rules, in particular, the provisions in the additional provision seven of law 20/2003, of July 7, of legal protection of the Industrial design and the Civil procedure law, while they can be considered expert evidence simple reports issued by the Office in the course of granting or procedures to meet their promotional services information and technological development.

Fifth additional provision. Expert report of the Spanish Office of patents and trademarks under the 120.7 article of the law.

1. the report referred to in article 120.7 law will be done by who is designated in the patent Department and its contents shall be limited to those specific ends that is required by the judge or court. The report will be issued within a month since the person appointed to carry out the report request is the corresponding request and documentation which has to issue the report and, where appropriate, the fee is fully paid.

2. in the event that the report is requested upon request, is payable on the corresponding fee. Where the rate had not been paid or had not been paid in full, shall be granted to the applicant within ten days counting from the publication of non-payment in the «Official Gazette of the property industry» for your subscription, indicating that not to do so, shall be rejected the request.

Sixth additional provision. Out-of-court settlement of disputes.

1. for the purposes of the provisions of article 136 of the Act, may be neutrals people, including officials of the Spanish Office of patents and Macas, who meet the requirements established in the law 60/2003, of 23 December, arbitration and the law 5/2012, of 6 July, on mediation in matters civil and commercial and also present a minimum experience of 5 years in the field of property Industrial.

2. the Spanish Patent and Trademark Office may conclude agreements with national, European or international organizations with experience in arbitration and mediation for the Organization and intervention in the extra-judicial settlement of disputes in the field of Industrial property.

Annex 1 patent application formal requirements. Layout of a) format: A4 b) margins:-top: 35 mm.

-Right: 25 mm.

-Bottom: 20 mm.

-Left: 25 mm.

(c) page numbering: they must be numbered consecutively and it starts on page 2, down and focused.

(d) line numbering in the description and claims, on the left: restart on each page and interval of 5.

2 paragraph and source: to) font: Arial 11. For the translation of claims of European patent or European patent brochure requests, typeface is Arial 9.

(b) line-spacing: 1.5. For the translation of claims of European patent or European patent brochure requests, the line spacing is a space.

(c) spacing: a line between paragraphs blank.

(d) not be used bleeding between paragraphs. Still, if groups or subgroups are listed at), b), c), etc., if bleeds and tabulations will be accepted.

3 content of the documents: to) each part of the application will start on a new page with the words description, claims (focused, capital letters and bold) and, if any, drawings and list of SEQUENCES, overview.

(b) the claims must be numbered consecutively in Arabic numerals.

(c) the sheets of the drawings shall not contain a frame around your area or around the surface used.

(d) the drawings must be executed in lines and black strokes or color, and well-defined.

(e) the courts shall be indicated by oblique lines that they do not prevent an easy reading of the signs of reference and the guidelines.

(f) the scale of the drawings and the clarity of their graphical execution shall be such that a photographic reproduction with linear reduction to two-thirds allow to distinguish without difficulty all the details. When, in exceptional cases, the scale of a drawing figure it must be presented graphically.

(g) all numbers, letters and reference signs appearing on the drawings should be clear and simple. Parentheses, quotation marks, or circles may not be used in combination with figures and letters.

(h) all lines in drawings must be, to the extent possible, drawn up with the help of technical drawing instruments.


(i) the elements of a same figure should save the adequate proportion between them, unless a difference in proportion is indispensable for the clarity of the figure.

(j) a same sheet of drawings may contain several figures, but all of them must have the same orientation, vertical or horizontal. Where figures drawn on several sheets are intended to form a single figure for the whole of them, they must be arranged in such a way that the whole figure can compose without leaving any part of figures in different sheets hidden.

(k) the different figures must be prepared, preferably vertically, on one or more sheets, clearly separate some from others, but no lost spaces; When the figures are not arranged vertically, must be made horizontally, placing the top of the figures on the left side of the sheet.

(l) the figures must be numbered consecutively in Arabic numerals, independently of the numbering of the sheets.

(m) the signs of reference can be used for drawings only if they are listed in the description and claims and vice versa. The signs of the same elements reference must be identical in all the application.

(n) the drawings shall not contain text one, with the exception of brief particulars necessary, such as «water», «steam», «open», «closed», «court according to AB» and, in the case of schemes of electrical circuits, schematics and installation diagrams outline the stages of a process, indispensable for understanding key words. These words should be placed in such a way that they can be replaced by its eventual translation unless you cover any lines of the drawings.

(n) formalities relating to lists of strings of amino acids and nucleic acids: shall apply standards ST, which has published the WIPO in this regard.

(o) the units of weight and measure will be expressed according to the metric system; If another system is used, they must also be expressed according to the metric system. Temperatures shall be expressed in degrees Celsius; If another system is used, must be expressed, equally, in degrees Celsius. For all other physical units use units of international practice; for mathematical formulae, the symbols commonly used, and for chemical formulae, the symbols, atomic weights and molecular formulas commonly used.

(p) the terminology and the signs of the patent application shall be uniform.

(q) the sheets shall not contain corrections, erasures or interlineaciones.

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