The seventh final provision of Law 24/2015, of July 24, of Patents (hereinafter the Law) authorizes the Government to make the necessary provisions for its development and implementation. In its virtue, the elaboration of this standard has been carried out which gives continuity and effectiveness to the news introduced by the Law.

By this royal decree the Regulation is adopted for the implementation of Law 24 /2015, of July 24, of Patents, necessary development to achieve the objectives of the Law, in particular, in establishing a system of concession of strong patents, generate legal certainty by bringing together the previous regulatory dispersion in two standards, improve regulatory clarity, ease and streamline procedures, adapt and modernize aspects such as representation In the case of the Spanish Patent and Trademark Office, promoting innovation and support for small and medium-sized enterprises (SMEs) and entrepreneurship.

The regulation, which is approved by this royal decree, consists of a hundred and fifteen articles, divided into eleven titles, six additional provisions and an annex.

Title I deals entirely with the patents of invention and is structured in five chapters. Chapter I is intended for the patent application and the different documents that make it up, as well as its wording and content. Chapters II to V deal with the development of the various procedures for the processing of the patent, from its application to the granting and subsequent opposition, possible remedies as well as the processing of the revocation or limitation other procedures.

In this respect, Chapter II contains the regulatory provisions relating to the concession procedure and divides them into three sections: the first section, on admission to the procedure and the examination of its own motion; the second section on to the Report on the State of the Technical and written opinion; and the third section, on substantive examination and resolution of the procedure.

Chapter III continues with the opposition procedure according to the provisions of the Law, which places the opposition procedure at a time after the concession. Chapter IV is subject to the procedure of revocation or limitation. In both cases, this is a new and unprecedented regulation within the Spanish patent granting procedure and, for its wording, the implementing regulation of the Munich Convention of 5 October 1973 has been taken into account. as amended by the Act of Review of the Convention on the European Patent, made in Munich on 29 November 2000 (Act 2000), and the practice of its protection. Finally, Chapter V is devoted to the regulation of other procedures and is divided into three sections: first section, on divisional applications; second section, relating to change of modality; and third section, on secret processing of patents that interest national defense.

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

Title III deals with utility models and is divided into two chapters, respectively relating to the various procedures of the concession procedure and to the practical questions relating to the mandatory report for the exercise of judicial actions provided for in Article 148.3 of the Law.

Title IV regulates aspects common to the above modalities. In particular, Chapter I refers to the modification of the application and other documents and rectification of errors; Chapter II to the measures in respect of time limits; and Chapter III to the action of the Spanish Patent and Trademark Office registration of patents and their activity of information to the public.

Title V is structured in two chapters. Thus, Chapter I covers the registration of disposals, licenses and other modifications of rights. For its part, Chapter II, for greater coherence and systematicity, regulates the registration of the offer of full licenses by the holder separating this subject from the one regarding compulsory licenses.

Title VI includes the regulation of the application for a compulsory license, its classes and the procedure for its processing, adapting all this to the news introduced by the Law.

In Title VII, for reasons of systematicity, the questions relating to the expiration are unified, including in the same the instruction of the corresponding files for lack or insufficiency of exploitation and for renunciation of the patent holder.

Title VIII moves the regulation of aspects necessary for the application of international conventions contained in other norms of lower rank to Law that had entered into force after the enactment of the Law 11/1986, of 20 March, of Patents, in the face of the obligation to face the international commitments. Chapter I is intended to apply to the Convention on the granting of European Patents (Munich, 5 October 1973), according to its version following the amendments introduced by the Act 2000 and Chapter II is intended to implement the Patent Cooperation Treaty (Washington, June 19, 1970), according to its latest version in force.

Title IX expressly provides for the procedure for the effectiveness of the provisions laid down in Articles 11 to 13 of the Law in favour of the third party which has recognized its right to the application or registration of a patent in the exercise of the right of action. vindicatoria. In particular, it is intended to promote legal certainty and to enter into the procedure for granting the patent the suspension of Article 11 (3) of the Law taking into account that the actor whose right was recognised in respect of an application not yet granted, you can opt for the subrogation, submission of new application or refusal of the pending application.

The forecasts that some aspects of the Law on Fees, in particular, the reduction of Article 186.1 of the Law and the rate subsidy for the Public Universities of the European Union, are included in Title X. paragraph 2 of the additional provision of the Law.

Finally, Title XI regulates representation before the Spanish Patent and Trademark Office, in particular the legal regime of the Agents of Industrial Property. In this regard, the requirements for access to the profession and its relations with the Spanish Patent and Trademark Office are established.

With regard to the additional provisions, the additional provision states that, by virtue of the speciality of the procedures for industrial property, the procedures laid down in the Law are excluded from the Law 39/2015 of 1 October of the Common Administrative Procedure of Public Administrations, except as otherwise provided for in its specific legislation. This speciality is due, on the one hand, to the very nature of the rights to be protected and, on the other, to the obligations assumed by Spain through various international treaties, such as the Treaty on the Law of Patents of 1 June 2000 (made in Geneva on 1 June 2000).

The additional second provision enables the Spanish Patent and Trademark Office to establish official models for any application or documentation that is addressed to it and to establish formal and formal requirements. technical for the electronic presentation. In this respect, this provision obliges the Agents of Industrial Property to engage with the Spanish Patent and Trademark Office by electronic means. Finally, for purely clarification purposes, it is indicated that the place of filing of any document, not only that of the patent application, shall be filed in the places or means provided for in Article 22 of the Law.

The additional third provision provides for the Spanish Patent and Trademark Office to inform the public of a list of the digital libraries accepted by them, for the appropriate purposes provided for in the Regulation.

The fourth additional provision contains an entitlement to the Spanish Patent and Trademark Office for the issuance of certificates and copies authorized in electronic form, as well as for the making available of such copies authorized in Digital Libraries, basically collecting the provisions for distinctive signs and for industrial designs.

The additional fifth provision clarifies the content and the time limit within which the expert report of the Spanish Patent and Trademark Office should be issued pursuant to Article 120.7 of the Law. In addition, it is specified that, if the report is requested at the request of a party, a period of compensation shall be granted for the payment of the corresponding fee, in the event that the payment has not been made.

Then, by the additional provision sixth, under the provisions of Article 136 of the Law, certain aspects relating to the out-of-court settlement of disputes are regulated, enabling the Spanish Office of Patents and Marks for the conclusion of agreements in the field with national, European and international bodies.

Finally, an annex is included to the Regulation that deals with the formal requirements of the patent application.

This royal decree and the executive regulations it approves are dictated under the exclusive state competition on industrial property legislation, as provided for in Article 149.1.9a of the Constitution.

In the handling of this royal decree, the interested sectors have been given a hearing and, on the other hand, the National Commission of the Markets and the Competition and the General Council of the Judiciary have issued a report.

In its virtue, on the proposal of the Ministers of Energy, Tourism and Digital Agenda and of Finance and Public Service, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of March 31, 2017,

DISPONGO:

Single item. Approval of the Implementing Regulation of the Law 24/2015, of July 24, of Patents.

The Regulation for the implementation of the Law 24/2015, of July 24, of Patents, the text of which is inserted below, is approved.

Single repeal provision. Regulatory repeal.

1. All those provisions of equal or lower rank are repealed as soon as they contradict or oppose the provisions of the Regulation that is approved by this royal decree.

2. The following provisions are expressly repealed:

(a) The Regulation for the implementation of Law 11/1986, of 20 March, of Patents, approved by Royal Decree 2245/1986 of 10 October.

(b) Royal Decree 2424/1986 of 10 October 1986 on the application of the Convention on the granting of European Patents.

(c) The Rules of Procedure concerning the granting, maintenance and modification of industrial property rights, approved by Royal Decree 441/1994 of 11 March.

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

e) Royal Decree 812/2000 of 19 May establishing the application of the concession procedure with prior examination for patent applications in the food sector.

(f) Royal Decree 996/2001 of 10 September 2001 laying down the general application of the procedure for the granting of national patents with prior examination.

Final disposition first. Amendment of Royal Decree 1270/1997 of 24 July, governing the Spanish Patent and Trademark Office.

Article 3 of Royal Decree 1270/1997 of July 24, which regulates the Spanish Patent and Trademark Office including the following new paragraph, is amended:

" 6 bis. To perform, as a mediator and arbitration institution, in accordance with the provisions of the Law of 6 July of 6 July, of mediation in civil and commercial matters and Law 60/2003 of 23 December, of Arbitration, the functions of conflict resolution relating to the acquisition, use, procurement and defence of industrial property rights in matters not excluded from the free provision of the parties in accordance with the law.

By order of the Minister of Energy, Tourism and Digital Agenda, upon a proposal of the Spanish Patent and Trademark Office, the functioning of the Office as a mediator and arbitration institution will be developed. "

Final disposition second. Amendment of the Implementing Regulation of Law 20/2003 of 7 July on Legal Protection of Industrial Design, approved by Royal Decree 1937/2004 of 27 September.

The Implementing Regulation of Law 20/2003 of 7 July on Legal Protection of Industrial Design, approved by Royal Decree 1937/2004 of 27 September, is amended as follows:

One. Article 6 (5) of the Regulation is amended to read as follows:

" 5. At the same time as the receipt, the application shall be digitised and the competent body shall issue to the applicant an accreditable receipt of the presentation in which the file number, the representation, the description or the other identification of the design, nature and number of the documents presented and the place, day, hour and minute of their receipt. In the case of multiple applications, the receipt shall identify at least the first design and indicate the number of those submitted. Once the agreement between the digitised copy and the original documents is verified, they will be returned to the data subject. "

Two. A paragraph 3 is added to Article 7 of the Regulation, which is read as follows:

" 3. The submission of the copy of the previous application and the translation shall not be required where the claim of priority is not considered relevant for determining the validity of the registered design or the previous application or its translation power of the Spanish Patent and Trademark Office or available in a digital library. "

Three. Article 27 (1) of the Regulation is amended, the new wording of which is as follows:

" 1. After the end of the time limit for submitting objections, the letters of opposition and the documents and evidence submitted to the registered design holder shall be transferred to the holder of the registered design to submit their claims within a period of two months and, where appropriate, modify the design in the cases and under the conditions provided for in Article 35.2 of Law 20/2003 of July 7. "

Final disposition third. Competence title.

This royal decree is issued under the exclusive state competition on industrial property legislation, as provided for in Article 149.1.9. of the Constitution.

Final disposition fourth. Amendment of the formalities provided for in the Annex to the Regulation.

1. The documents and the formal requirements specified in the Annex to the Regulation for the implementation of the Patent Law may be amended in order of the Minister of Energy, Tourism and Digital Agenda.

2. The Director of the Spanish Patent and Trademark Office may, by resolution, adopt guidelines for the uniform processing of the files regulated in the Regulation which is approved by this royal decree.

Final disposition fifth. Development of Articles 154.2 and 169.2 of the Patent Law.

1. On the order of the Minister of Energy, Tourism and Digital Agenda, prior to the report to the Commission Delegate of the Government for Economic Affairs, within twelve months to count from the date of entry into force of the present royal decree, will be determined the requirements and conditions under which other persons authorised, other than those expressly empowered by Articles 154.2 and 169.2 of the Patent Law, may carry out translations of European patents and international patent applications to which they are entitled refer to those articles.

2. After that period of 12 months without the corresponding order being issued, they shall be entitled to carry out the translations referred to in Articles 154.2 and 169.2 of the Patent Law, the professionals whose qualifications they enable for the translation into the foreign language for which the translation is required, as well as those with a degree that has been imparted in full in the language for which the translation is required.

3. In any case, the authenticity and fidelity of the translations mentioned in this provision should be ensured.

Final disposition sixth. Safeguard clause.

The measures included in the regulation approved by this royal decree will be met with the body's ordinary budget allocations and will not be able to increase the amount of appropriations or salaries or other expenses incurred by the institution. personal service to the public sector.

Final disposition seventh. Entry into force.

This royal decree will take effect on April 1, 2017.

Given in Madrid, on March 31, 2017.

FELIPE R.

The Vice President of the Government and Minister of the Presidency and for Territorial Administrations,

SORAYA SAENZ DE SANTAMARIA ANTON

LAW ENFORCEMENT RULES 24/2015, JULY 24, PATENTS

Title I. Patents of Invention.

Chapter I. Patent application.

Chapter II. Concession procedure.

Chapter III. Opposition procedure.

Chapter IV. Revocation or limitation procedure.

Chapter V. Other procedures.

Title II. Supplementary protection certificates.

Title III. Utility models.

Chapter I. Concession procedure.

Chapter II. Exercise of actions.

Title IV. General provisions on procedural matters.

Chapter I. Modification and rectification of errors.

Chapter II. Measures relating to time limits.

Chapter III. From the Patent Register and information to the public.

Title V. Enrollment of disposals, licenses, and other rights modifications.

Chapter I. Enrollment of disposals, licenses, and other rights modifications.

Chapter II. Registration of full license offerings.

Title VI. Mandatory licenses.

Title VII. Patent expiration.

Title VIII. Implementation of international conventions.

Chapter I. Implementation of the European Patent Convention.

Chapter II. Application of the Patent Cooperation Treaty (PCT).

Title IX. Patent vindication.

Title X. Rates.

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

Additional provisions first to sixth.

Attachment.

TITLE I

Invention patents

CHAPTER I

Patent Request

Article 1. Patent application.

In order to obtain a patent of invention, the application referred to in Article 23 et seq. of Law 24/2015 of July 24, of Patents (hereinafter the Law) shall be formulated, subject to what is determined in the The following items.

Article 2. Patent application instance requirements.

1. The instance requesting the patent, which will be formalized in an official model, should be addressed to the Director of the Spanish Patent and Trademark Office and contain the following data:

a) Indication that a patent is applied for.

b) The identity of the applicant. If there are several applicants, the identity of each applicant shall be stated. Where the applicant is a natural person, he shall identify with his or her first and last name, identity card, address and nationality; and where he is a legal person, he shall identify himself by his or her full social name or in accordance with the legal provisions for which it is governed, its NIF, domicile and nationality.

Where there are several applicants, the address or media of one of them shall be specified for the purposes of notifications; if this is not done, the notifications shall be addressed to the applicant referred to in the first paragraph. place in the request.

(c) Without prejudice to the provisions of Article 175.2 of the Law, in the event that the applicant acts on its own and has no registered office or place or commercial establishment, serious and effective in the territory of the Spanish State, designate, for the purposes of notifications, a postal address in Spain or indicate that the notifications are addressed to him by any other technical means of communication admitted by the Spanish Patent and Trademark Office.

d) Title of the invention, in which, without fantasy names and in the clearest and most concise manner possible, the technical designation of the invention appears to be consistent with the claims.

e) The designation of the inventor or inventors, with an indication of his or her first and last name; in the event that the applicant is not the inventor or the sole inventor, it shall be indicated how he has acquired the right to the patent in relationship with each of the inventors.

f) The relationship of documents that accompany the request.

g) The signature of the applicant or its representative.

2. If applicable, the instance must be completed with the following data:

(a) Where the applicant acts through a representative, his/her identity shall be indicated in accordance with subparagraph (b) above. In the event that the representative is an Agent of Industrial Property referred to in Article 176 of the Law, only the name of the Agent, natural person, or the social name of the legal person shall be indicated by means of The Agent of Industrial Property, mentioning the code of Agent awarded by the Spanish Patent and Trademark Office.

(b) Where a divisional patent, a change of modality, a transformation of a European patent application or a national phase entry of an international PCT application is requested, the number and date of the application shall be indicated. of the source request. It shall also be indicated that the applicant has the right to make such an application.

(c) Where the application is submitted to an application submitted in advance in accordance with Article 24 (1) (c) and (2) of the Law, the number of the above application, the filing date and the date of the application shall be indicated. the office in which or for which it has been presented. It shall also be indicated that the applicant has the right to make such an application.

d) In the event that the inventor or inventors give up their right to be mentioned as such, it shall be indicated in the instance or, if the inventor or inventors do not agree with the applicant, a declaration of resignation shall be provided. signed by them.

e) In the event that one or more foreign or national priorities are claimed, the instance shall contain the number of each of the previous applications on which the priority is based, as well as the State and the date of priority claimed. It shall also be stated that the applicant is entitled to claim the priority indicated.

(f) If the invention has been exhibited at official or officially recognized exposures within the meaning of Article 7 (b) of the Law, the instance shall contain an indication of the name of the exposure, as well as the place and date of the disclosure. display.

g) When the invention relates to a biological material not accessible to the public, or to its use, and cannot be described in the patent application, and it has been deposited in a legally recognized institution for this purpose, the deposit institution, the country, the date of deposit and the deposit number granted by the institution of deposit shall be indicated.

(h) When the invention relates to biological matter, the geographical origin or source of origin of the matter shall be indicated if the data are known.

When the invention relates to a genetic resource or to a traditional knowledge associated with that resource covered by Regulation (EU) No 511/2014 of the European Parliament and of the Council of 16 April 2014 on measures for the compliance of users of the Nagoya Protocol on access to genetic resources and fair and equitable participation in the benefits arising from their use in the Union shall be indicated if a genetic resource has been used or a traditional knowledge associated with that resource. If yes, where appropriate, the registration number to justify the submission of the due diligence declaration in accordance with Article 14 shall be recorded. 3 Royal Decree 124/2017, 24 February, concerning access to genetic resources from wild taxa and to the control of use.

In any event, such information shall not prejudge the validity of the patent, as provided for in Article 23.2 of the Law.

i) When the application contains lists of amino acid sequences and nucleic acids, this circumstance shall be indicated.

j) If the rate reduction provided for in Article 186 of the Law is requested, this end must be mentioned.

k) If the applicant is a public university, this end must be mentioned.

Article 3. Contents of the description.

1. The description shall be as concise and clear as possible, without unnecessary repetition, and in accordance with the claims.

2. The following data shall be indicated:

(a) The indication of the sector of the technique to which the invention relates.

b) The indication of the state of the art prior to the priority date, known to the applicant and which may be useful for the understanding of the invention and for the preparation of the report on the state of the art and for the examination, citing, as far as possible, the documents that serve to reflect the state of the prior art.

c) An explanation of the invention, as is characterized in the claims, that allows the understanding of the technical problem raised, even if it is not expressly designated in this way, as well as the solution to it, the advantages of the invention in relation to the state of the prior art.

d) A brief description of the contents of the drawings, if any.

e) A detailed exposure of at least one embodiment of the invention, which may be illustrated with examples and references, if any, to the drawings, if any.

f) The indication of the manner in which the invention is susceptible of industrial application, unless this results in an evident manner of the description or the nature of the invention. In the event that the invention consists in a total or partial sequence of a gene or a nucleic acid sequence, as provided for in the third paragraph of Article 5.5 and Article 5.6 of the Law, respectively, the industrial application must be explicitly listed.

3. The description shall be presented in the manner and in the order referred to in paragraph 2 of this article, unless, due to the nature of the invention, a different manner or order allows for better understanding and presentation. more concise.

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

1. Where the invention relates to a biological material, the applicant shall indicate, in the description, the name of the authorised institution where it has deposited a sample of the biological material and enter the number or key of the biological material. identification of such biological material by the authorised institution.

2. If the biological material deposited is no longer available in the recognised deposit authority, the accessibility shall be deemed not to have been interrupted provided that a new deposit has been made under the same conditions as the In the case of the Commission, the Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, the Court of Justice and the Court of Justice of the European Union, date of the new deposit, a copy of the receipt of the new deposit has been communicated to the Spanish Patent and Trademark Office a new deposit issued by the deposit authority, accompanied by an indication of the patent or patent application number.

3. The communication of this information implies the irrevocable consent of the applicant that the biological material be accessible to the public in accordance with Article 56 of the Law.

Article 5. Conditions for public access to biological material.

1. Access to the biological material deposited shall be carried out within the time limits 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 engage in front of the applicant or patent holder:

(a) Not to communicate or deliver to third parties the biological matter covered by the patent or a crop derived from it, before the patent application has been refused or withdrawn, or is considered to be withdrawn or the patent has expired.

(b) Not to use the biological subject matter of the patent or a crop derived from it, rather than for experimental purposes until the date on which the patent application is rejected or withdrawn, or considered to be withdrawn, or to date the publication of the mention of the grant of the patent.

2. Where, for whatever reason, the authorised institution is unable to send samples of the biological material deposited, the provisions of the Budapest Treaty on the international recognition of the deposit of micro-organisms for the purposes of of the patent procedure and its implementing regulation (facts in Budapest on 28 April 1977).

3. The provisions of the foregoing paragraphs shall be without prejudice to the application of Articles 6 and 7 of Royal Decree 124/2017 of 24 February 2017 on access to genetic resources from wild taxa and to the control of the use, in the case of material covered by Articles 71, 72, 74, 80 and 81 of Law 42/2007, of 13 December 2007, of Natural Heritage and Biodiversity.

Article 6. Figure of the independent expert.

1. The applicant may make a request to the Spanish Patent and Trademark Office until the completion of the technical preparations for the publication of the patent application, so that access to the biological material deposited with the applicant Article 56 of the Law is carried out only through the provision of the sample to an independent expert. This access takes place within the following deadlines:

(a) Until publication of the mention of the grant of the patent or, where applicable,

b) For 20 years from the date of filing, if the application is refused or withdrawn, or is considered withdrawn.

2. He may be appointed as an independent expert for the purposes of Article 56 of the Law:

a) Any natural person, provided that the petitioner demonstrates at the time of making the request that such appointment has the approval of the patent applicant.

(b) Any natural person who has the recognition of an independent expert by the Director of the Spanish Patent and Trademark Office.

The appointment must be accompanied by a statement by the independent expert which commits against the applicant to respect the provisions of Article 56 of the Law, either until the patent expires or until the date referred to in paragraph 1 (b) of this Article if the application is refused or withdrawn or is deemed to be withdrawn. In this regard, the petitioner of the sample shall be considered as a third party and the provisions of Article 56.2 of the Law shall apply.

3. The request referred to in paragraph 1 shall be filed with the Spanish Patent and Trademark Office. It shall be verified that a patent application has been submitted which relates to a biological material deposited and that the applicant or the independent expert appointed by the applicant is authorised to receive a sample of that material.

Article 7. Content and form of the claims.

1. The claims shall define the object for which protection is sought in terms of technical characteristics of the invention. Where appropriate, the claims shall contain:

a) A preamble mentioning the object of the invention and the technical characteristics necessary for the definition of the claimed elements but which, combined with each other, are part of the state of the art.

b) A characterising part which, starting with an expression of the type "characterized by", exposes the technical characteristics which, in combination with those mentioned in paragraph (a), are intended to be protected.

2. Without prejudice to Article 26 of the Law, the same application may comprise more than one independent claim of the same category (product, procedure, device or use), provided that the object of the application Consist of:

a) A plurality of interrelated products.

b) Different uses of a product or device.

c) Alternative solutions to a particular problem, when it is not appropriate to include these alternatives in the same claim.

3. Any independent claim shall include the essential characteristics of the invention and may be followed by one or more dependent claims relating to particular embodiments of the invention.

4. Any dependent claim, that is, including all the characteristics contained in any other claim, shall, preferably at the beginning, contain a reference to the claim on which it depends, and then the additional features to be protected. A dependent claim relating to one or more dependent claims shall also be admissible. All dependent claims relating to a single previous claim, and all dependent claims relating to several earlier claims, shall be grouped to the extent and most appropriate as possible.

5. The number of claims shall be appropriate and reasonable in view of the nature of the invention for which protection is sought.

6. The claims shall not make references to the description or drawings to define the technical characteristics of the invention, unless it is absolutely necessary. In particular, they must not contain expressions of the type "as described in the part ... of the description" or "as illustrated in the figure ... of the drawings".

7. Where the patent application contains drawings which include reference signs, the claimed technical characteristics shall, preferably, be followed by such reference signs which identify them as long as this is contributed to the understanding of the claim. Such signs shall be represented in parentheses and shall not be deemed to limit claims.

Article 8. Presentation of drawings.

1. Drawings shall be made with the requirements specified in the Annex to this Regulation.

2. The stage schemas of a process and the diagrams are considered as drawings.

Article 9. Summary of the invention.

1. The summary referred to in Article 29 of the Law shall have a maximum of one hundred and fifty words, indicate the title of the invention and contain a concise statement of the contents of the description, claims and, where appropriate, more characteristic drawing to be placed separately from the text of the summary. The chemical formula which, among those contained in the patent application, is better characterised by the invention, may also be indicated. The summary shall allow for an easy understanding of the technical problem raised, the solution provided and the use or main uses of the invention.

2. Both the title and the summary of the invention may be modified by the Spanish Patent and Trademark Office when it considers it necessary for the best information of the third parties. Such modification shall be made to the applicant in the written opinion.

Article 10. General rules regarding the submission of the application documents.

The formal requirements for the submission of the application and accompanying documents are set out in the Annex to this Regulation.

Article 11. Prohibited items.

The patent application will not be able to contain:

(a) Elements contrary to public order and good manners.

(b) Denigratory statements concerning third-party products or procedures or the merit or validity of patent applications or third-party patents. Simple comparisons with the state of the art will not be considered in themselves as denigrating.

c) Extraneous elements to the request or superfluous.

Article 12. Designation of the inventor.

1. The designation of the inventor or inventors contained in the patent application shall be included in the publications of the patent application and the grant, as well as in the brochures referred to in Articles 31 and 35.3 of the This Regulation.

2. If the inventor or inventors renounce to be mentioned as such, the signed declaration referred to in Article 2.2.d of this Regulation shall be provided before the technical preparations for the publication of the patent application.

Article 13. Priority of the patent application.

1. The declaration by which a national or foreign priority is claimed under Article 31 of the Act shall indicate, as provided for in Article 2 (e) of this Regulation, the date of the previous application, the State in which or for which it has been made, as well as the number that has been attributed to it. The priority claim will involve the payment of the corresponding fee.

2. Where the claim of priority is considered relevant for determining the patentability of the invention, the Spanish Patent and Trademark Office may require the applicant to provide, within two months of the communication or 16 months. months from the date of the oldest priority claimed, applying the deadline which expires at the latest, a certified copy of the previous application issued by the office of origin, except that said document on the files of the Spanish Office Patents and Marks or when available from a digital library accepted by the Office Spanish Patent and Trademark. If the previous application is not written in Spanish, the applicant shall also provide a translation into Spanish of that document within the same period. If the certified copy is not provided and, if applicable, the translation into Spanish within the prescribed period, the right of priority shall not be validly claimed.

Article 14. Correcting or adding a priority claim.

1. An applicant may request the correction or addition of the priority claim in respect of a patent application filed with the Spanish Patent and Trademark Office. The request for correction or addition shall be signed and submitted within the period expiring at the latest of the following:

(a) Within sixteen months of the earliest priority date or, where the correction or addition involves a change in the earliest priority date, within the period of 16 months from the date of older priority as amended, with the term of sixteen months expiring before;

(b) within four months of the filing date of the patent application.

2. If a request for correction or addition is received at the Spanish Patent and Trademark Office after the applicant has asked for an advance publication under article 37.2 of the Act, the petition of the correction or addition, unless the request for advance publication is withdrawn before the technical preparations for the publication of the patent application have been completed.

3. In the case where a divisional patent is applied, a change of modality, a transformation of a European patent application or a national phase entry of an international PCT application, the time limit for requesting the correction or addition of the Priority claim shall be four months from the date of deposit of the application in question or sixteen months from the date of priority, whichever is the later.

4. The time limits provided for in the preceding paragraphs shall not be subject to any extension or request for the restoration of rights.

5. Prior to the Spanish Patent and Trademark Office refusing an addition or a correction of a claim of priority, it shall grant the petitioner a period of ten days from the publication of the intention to refuse the "Official Journal of Industrial Property" to make comments.

Article 15. Exhibition at official or officially recognized exhibitions.

1. In the case provided for in the second paragraph of Article 7 (b) of the Law and in Article 2.2.f of this Regulation, the applicant shall provide a certificate issued by the person designated as the authority responsible for ensuring the the protection of industrial property in this exhibition, which shows that the invention has actually been exhibited in the exhibition during the period of its celebration. This certification must also mention the date of opening of the exhibition and, where appropriate, the date of the first disclosure of the invention if these two dates were not matched. The certification shall be accompanied by the documents permitting the identification of the invention, duly authenticated by the authority mentioned.

2. The time limit for submitting this certificate and the accompanying documentation shall be four months from the date of submission of the application or until the end of the period provided for in Article 24 of this Regulation. the deadline that expires later.

CHAPTER II

Grant procedure

Section 1. Admissions to be processed and examined ex officio

Article 16. Receipt of the application and referral to the Spanish Patent and Trademark Office.

1. The body competent to receive the application in accordance with Article 22 of the Law shall record the registration number, as well as the day, hour and minute of deposit at the place intended for this in the instance of the application, and in the accompanying documentation, if any.

2. At the time of the deposit, the competent body shall issue to the depositor an accrediting receipt of the filing of the application, stating the registration number and the place, day, hour and minute of deposit. If the application is accompanied by a copy, the receipt shall consist of the delivery of the copy, which shall include the registration number and the place, day, hour and minute of the deposit.

3. Where the patent application has been filed with the competent authority of an autonomous community, the latter shall forward the application, together with all the documentation provided, to the Spanish Patent and Trademark Office within the time limit prescribed in the Article 32.2 of the Law.

4. Upon receipt of the application by the Spanish Patent and Trademark Office, you will be assigned a patent application number to be notified to the applicant.

Article 17. Requirements for obtaining date of presentation.

1. For the purposes of Article 24 of the Law and Article 18 of this Regulation, the following documents shall be required for the purpose of obtaining a filing date for the patent application:

a) An express or implied indication that a patent is requested,

(b) indications to identify or contact the applicant and

(c) a party which, at first sight, appears to constitute a description, even if it does not comply with the formal requirements laid down in the Act or the Regulation, or an incorporation by reference, that is, a referral to an application presented earlier.

2. For the purposes of obtaining a filing date, the particulars in paragraphs (a) and (b) of the preceding paragraph shall be presented in Spanish. However, the description may be written in any language, a translation must be submitted to the Spanish within two months from the date of deposit of the patent application or until the end of the period provided for in Article 24. of this Regulation, whichever period expires later.

3. For the purposes of obtaining a filing date, a referral to a previously filed application shall supersede the description and, where applicable, any drawings. In order to make this referral, the applicant, at the time of filing the patent application, must make a request for incorporation by reference to an earlier application, in which he must indicate in Spanish:

a) That the referral to the previous request supersedes the description and, if applicable, the drawings.

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

c) That the previous application has been filed by the applicant himself, his or her predecessor in law or his or her right holder.

4. If the patent application refers to an earlier application as provided for in the preceding paragraph, the applicant shall, within two months from the date of the deposit of the application, provide a certified copy of the previous application. and, if necessary, a translation into Spanish. It will not be necessary to provide the certified copy of the previous application or the translation to Spanish if such copy or translation works in the archives of the Spanish Patent and Trademark Office or are available in a digital library accepted by the Spanish Spanish Patent and Trademark Office.

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

1. Within 10 days of receipt of the patent application in the Spanish Patent and Trademark Office, the patent application shall examine whether the application meets the requirements necessary to obtain a filing date as provided for in Article 24. of the Law and Article 17 of this Regulation.

2. If, when examining the requirements necessary to obtain a filing date, defects are issued, the applicant shall be notified to provide them with an indication of the subsane within two months of its notification. which, if it does not do so, will not be admissible and will be resolved by the withdrawal of the patent application.

3. If the defects are corrected in time, the date of filing shall be given as the date on which all the requirements have been met and shall be communicated to the applicant. If the defects are not remedied in due form and within the prescribed period, the application shall not be admissible as a patent application and shall be withdrawn. The withdrawal decision shall be notified to the applicant with an indication of the reasons and shall be published in the 'Official Journal of Industrial Property'.

4. Once the date of submission has been given, it will be examined whether the application fees and the performance of the report on the state of the art have been paid. If the non-payment of the fees or the insufficient payment is checked, the applicant shall be notified to make or complete the payment within one month of the publication of the defect in the "Official Journal of Industrial Property", indicating that the request shall not be withdrawn if the request is not made. The withdrawal decision shall be notified to the applicant and shall be published in the "Official Journal of Industrial Property".

Article 19. Incorporation by reference to a previous request.

1. In the event that the applicant had requested the incorporation by reference pursuant to the provisions of Articles 24.1.c) of Law and 17.3 of this Regulation, he would not have provided the certified copy of the previous application as the provisions of Article 17 (4), and this document is not available to the Spanish Patent and Trademark Office, this circumstance shall be notified to the applicant for the purpose of providing such documentation within two months of the from its notification, indicating that if it does not do so it shall not be admitted to processing and shall be settled the patent application is discontinued.

2. If the defects are corrected in time, the date of filing shall be maintained at the date on which all the requirements of Article 17.1 of this Regulation have been fulfilled and shall be communicated to the applicant. If the defects are not remedied in due form and within the prescribed period, the application shall not be accepted as a patent application and shall be withdrawn. The withdrawal decision will be notified to the applicant and published in the "Official Journal of Industrial Property".

Article 20. Omitted parts of the description or drawings.

1. In the event that, when examining whether the patent application meets the requirements necessary to obtain a filing date, the Spanish Patent and Trademark Office will detect that a part of the description appears to be missing or appear to be missing This defect shall be communicated to the applicant so that, within two months of its notification, it completes the application or indicates whether it refers to an earlier application the priority of which is claimed.

2. If the applicant completes the application within two months from the date of deposit of the patent application or from the notification referred to in the preceding paragraph, the date on which the application is received shall be given as the date of submission of the application. the missing part of the description or the drawings omitted, or the date on which all the requirements laid down in Article 24 of the Law and Article 17 of this Regulation are met, whichever is the later. This date shall be communicated to the applicant.

It shall be maintained as the filing date when all the requirements laid down in Article 24 of the Law and Article 17 of this Regulation are met, in the event that the applicant withdraws, within a period of month from its contribution, the omitted 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 it refers to that previous application to incorporate the omitted part of the description or the omitted drawings. In this case, the omitted part of the description or the drawings omitted must be contained in the previous application. The date on which all the requirements laid down in Article 24 of the Law and Article 17 of this Regulation have been fulfilled shall be maintained as the date of submission if the applicant presents within the time limit prescribed in paragraph 2:

a) A request indicating that the contents of the previous request are checked in by reference in the request.

(b) A certified copy of the previous application and, if applicable, a translation into Spanish, unless such documents are available to the Office.

c) An indication of the place where the omitted part of the omitted description or drawing is listed in the previous application or in the translation, if any.

4. Where the applicant does not reply to the communication in paragraph 1, the date of filing shall be the date on which all the requirements laid down in Article 24 of the Law and Article 17 of this Regulation have been met. However, the omitted part of the description and the omitted drawings will not be taken into account.

Article 21. Joint notification of defects and term of cure.

The defects provided for in Articles 18, 19 and 20 of this Regulation may be communicated to the applicant jointly by means of a single notification, giving a common period of two months from the date of notification thereof. their remedy, indicating that failure to do so will result in the withdrawal of the application.

Article 22. Patents of interest to the national defense.

1. In the admission to the application, the Spanish Patent and Trademark Office will examine whether the object of the invention could be of interest to the national defense. If so, pursuant to Articles 33 and 34 of the Law, the Spanish Patent and Trademark Office will make the patent application available to the Ministry of Defense once it has been admitted to processing.

2. If the Ministry of Defense issued a reasoned report considering that the invention is in the interest of the national defence, the secret processing of the patent application shall apply in accordance with the provisions of Articles 47 et seq. This Regulation.

Article 23. Ex officio examination.

1. Given the date of filing and the corresponding fees, the Spanish Patent and Trademark Office will examine, for the purposes of the publication of the application:

(a) If the instance is in accordance with Article 2 of this Regulation.

(b) If the description is presented in a language other than Spanish, the applicant has provided the relevant translation referred to in Article 17.2 of this Regulation.

(c) If the application contains one or more claims as provided for in Article 23.1.c) of the Act or a reference to a previously filed application, pursuant to Article 17.3 of this Regulation, which also replaces the claims.

(d) In the event that the applicant has requested an incorporation by reference as provided for in Articles 24.1.c) of Law and 17.3 of this Regulation, if the applicant has provided the translation to which he/she is refers to Article 17.4 of this Regulation.

e) If the description, the claims, the drawings and the summary keep the formalities provided for in the Annex to this Regulation, only to the extent that their compliance is necessary for the purposes of a publication uniform.

f) If the application claims the priority of an earlier, domestic or foreign application, or the harmless disclosure derived from the display at an official or officially recognized exhibition will be examined if they meet the requirements required by Articles 13 to 15 of this Regulation.

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

h) If it complies with the requirements relating to representation as provided for in Article 175 of the Law and Articles 107 and 108 of this Regulation.

i) If the object of the application is not manifestly and in its entirety excluded from patentability by application of Articles 4.4 and 5 of the Act.

2. The presence of formal defects in the documentation shall not suspend the performance of the report on the state of the art provided that those are not of such a nature as to prevent their performance or thereby distort the object of search that their result is unusable.

Article 24. Notification of defects.

1. If the patent application presents any of the defects mentioned in the previous article, the Spanish Patent and Trademark Office shall notify the applicant of all objections to it, within two months of the date of the application. publication of defects in the "Official Journal of Industrial Property", remedy the defects or make any claims that it deems appropriate in defence of the patent application. To the extent necessary to correct the reported defects, the applicant may modify the description, claims and drawings or biological sequences in the terms provided for in Article 48 of the Law.

2. The response to the defect notification shall involve the payment of the corresponding fee.

Article 25. Refusal of the request.

1. After the deadline for the submission of defects or for the submission of claims provided for in Article 24 of this Regulation, the Spanish Patent and Trademark Office shall examine whether the defects have been properly remedied and whether the paid the corresponding fee. Otherwise, the request will be denied. Such a decision, which must be reasoned, shall be notified to the applicant, and a reference to the refusal with the data necessary for the identification of the application for a decision shall be published in the Official Journal of the Industrial Property. patent.

2. In the event that the defects relate to the right of priority provided for in Article 13 or to the harmless disclosure resulting from the exhibition at an official or officially recognised exhibition provided for in Article 15, both of these Regulation, the applicant shall be notified of 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 art and written opinion.

1. The report on the state of the art shall state the elements of the state of the art available to the Spanish Patent and Trademark Office at the time of the establishment of the report, which may be taken into account to assess the novelty and the inventive activity of the invention which is the subject of the application, on the basis of the claims, taking due account of the description and, where appropriate, the drawings or biological sequences.

2. Each mention shall be made in relation to the corresponding claims. As far as possible, the specific part of the document shall be identified.

3. The report on the state of the art shall distinguish between those documents which have been published before the date of priority, between the date of priority and the date of submission and at the date of submission or subsequently. The state of the art report will mention the classification of the patent application, according to the international classification of patents.

4. Any document referring to an oral disclosure, to a use or any other disclosure that has been prior to the filing date of the patent application, shall be mentioned in the report on the state of the art, specifying, if exists, the date of the publication of the document and the unwritten disclosure.

5. The report on the state of the art shall be accompanied by a written, preliminary and non-binding opinion on whether the invention covered by the patent application appears to be new, involve inventive activity and be susceptible to application. industry, as well as whether the application meets the conditions of the Law and this Regulation.

6. Without prejudice to the provisions of Article 36.5 of the Law, the report on the state of the art, accompanied by written opinion, will be carried out in the event that the international search report for the entire the international application or the national application shall include elements on which no search has been carried out at the international stage.

Article 27. Lack of clarity or consistency.

1. If the Spanish Patent and Trademark Office appreciates a lack of clarity or consistency in the description or in the claims, or defects that prevent or partially prevent a significant search, the applicant shall be notified, for within two months of the publication of the defects in the "Official Journal of the Industrial Property", make any such claims as it deems appropriate, remedy the defects, amend, where appropriate, the description or the claims and, where applicable, the drawings, in the terms provided for in Article 48 of the Law, or of the search.

2. After that period, if the applicant does not answer, or the defects have not been remedied and a lack of clarity or consistency or precision in the object of the search, the Spanish Patent and Trademark Office will carry out, in the a partial search and this will be reflected in the report on the state of the art and written opinion.

3. If a lack of clarity or consistency of the description or the claims that would prevent a significant search from being carried out would persist, the Spanish Patent and Trademark Office will not proceed with the report on the state of the technical or written opinion and shall refuse the application for a patent, stating the reasons, notify the person concerned. The mention of the refusal resolution shall be published in the Official Journal of Industrial Property.

Article 28. Applications comprising a plurality of independent claims.

1. If the Spanish Patent and Trademark Office considers that the claims, as submitted, are not in accordance with the provisions of Article 7.2 of this Regulation, the applicant shall be notified of the claims, within two months of to count from the publication of the defects in the "Official Journal of the Industrial Property", present the arguments that it deems appropriate or contribute a new set of claims that will serve as a 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 is still not in accordance with the provisions of Article 7.2 of this Regulation, the search shall be carried out in relation to the first claim for each category.

Article 29. Lack of unit of invention.

1. If, at the beginning of the search, the Spanish Patent and Trademark Office will appreciate that the patent application does not satisfy the requirement of the unit of invention provided for in Article 26 of the Law, it will issue a report on the state of the partial technique. in respect of the parts of the application referring to the invention or group of inventions mentioned first in the claims.

This partial report, accompanied by written opinion, will be forwarded to the applicant so that, within two months of publication in the "Official Journal of Industrial Property" of the defect of the lack of unity The invention relates to a method for producing a method for producing a method for producing the same. At the time of payment of the additional fees the applicant may also make claims on the objection of lack of unit of invention.

2. By way of derogation from the above paragraph, for reasons of procedural economics, at the same time as the search is carried out in relation to the main invention, the search for one or more additional inventions may be carried out, if such search will involve little or no complementary effort.

3. If, in the light of the applicant's arguments submitted within the time limit prescribed in paragraph 1, the Spanish Patent and Trademark Office finally considers that there is a unit of invention, the search shall be carried out for the claims of the applicant. Initially not sought after patent application and a report on the state of the art and a definitive written opinion will be issued for the entire application. If additional fees have been paid, they will be returned to the applicant.

4. If, within the prescribed period, the applicant submits one or more divisional applications, the partial report and the written opinion shall be considered as definitive for the invention or group of inventions for which they were made for the purposes of the invention of origin.

5. If the applicant has paid the additional fees within the prescribed period, the Spanish Patent and Trademark Office shall carry out a search on the parts of the application which relate to the inventions or group of inventions for which fees have been paid and shall issue the report on the status of the final written opinion and technique.

6. If, within the prescribed period, the applicant does not remedy the defects or does not pay the additional fees or does not divide the application, the Spanish Patent and Trademark Office shall consider the partial report accompanied by the opinion as definitive. for the invention or group of inventions in relation to which they have been made. The processing will only continue for the claims for which the report has been made and will be indicated in the written opinion.

Article 30. Transfer of the report on the state of the art and written opinion.

Once the report on the state of the art and written opinion has been produced, the Spanish Patent and Trademark Office will transfer the same to the patent applicant. At the same time you will be given access to the above documents.

Article 31. Publication of the request and the report on the state of the art.

1. Without prejudice to the provisions of Article 37.2 of the Law, 18 months from the date of the filing of the application or from the date of priority which would have been claimed, once the ex officio examination has been completed, the Spanish Office Patent and Trademark will publish, as soon as possible, the mention in the "Official Industrial Property Bulletin" that the patent application is made available to the public.

2. At the request of the applicant, the application may be published before the eighteen month period referred to in Article 37.1 of the Act, provided that the application has passed the ex officio examination.

3. The reference in the 'Official Journal of Industrial Property' referred to in paragraph 1 shall include the following

:

a) The number of the request and publish.

b) The filing date of the request.

c) The full data of the priority or priorities claimed.

d) The international classification of patents.

e) The title of the invention.

f) The identification of the applicant and his/her representative, if any.

g) The identification of the inventor or inventors, unless they have resigned themselves as such.

h) The summary.

i) The most representative drawing, if any.

4. At the same time, a prospectus shall be published for the patent application which, in addition to the particulars contained in paragraph 3, shall contain the description, the claims and, where appropriate, the drawings. It will also mention the "Official Journal of Industrial Property" in which the patent application is published. The biological sequences shall be made accessible to the public and shall be mentioned in the prospectus.

5. If at the time of publication of the patent application the report on the state of the art is available, the Spanish Patent and Trademark Office will publish simultaneously in the "Official Journal of Industrial Property" the mention the publication of the application and the making available to the public of both the report and the written opinion. In addition, the prospectus for the patent application referred to in the preceding paragraph shall include the report on the state of the art.

6. If, pursuant to Article 36.5 of the Law, the report on the state of the art is not carried out, a reference to the publication of the international search report will be published in the "Official Journal of Industrial Property". From that publication in the "Official Journal of Industrial Property" the calculation of the time limit provided for in Article 39.2 of the Law will be opened. Where appropriate, a written opinion shall be issued in respect of the subject matter of the application, which shall be transferred to the applicant and made available to the public.

Article 32. Third party observations to the request.

1. Once the notice of publication of the patent application has been made in the "Official Journal of Industrial Property", any person may make duly reasoned and documented observations on the patentability of the invention. of the application until the time before the completion of the substantive examination.

2. Third party observations shall be filed with the Spanish Patent and Trademark Office, shall not interrupt the processing of the application and shall be transferred to the applicant who may make claims if he considers it appropriate.

Section 3. Substantive Examination and Resolution

Article 33. Request for substantive examination.

1. The applicant may make the request for a substantive examination from the time of deposit of the application and up to the period of three months from the date of publication in the Official Journal of the Industrial Property of the applicant. the reference to the making available to the public of the report on the state of the art. The request for the 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, third party observations, as well as to amend the patent application in accordance with Article 48 of the Law, until the end of the period referred to in the previous paragraph.

3. After the prescribed period has elapsed without a substantive examination request being made or the corresponding fee has not been paid, the patent application shall be deemed to be withdrawn. The decision to withdraw the application shall be communicated to the applicant and shall be published in the Official Journal of Industrial Property.

4. In accordance with Article 39.2 of the Law, the examination request may be revoked at any time in the proceedings. In this case, the Spanish Patent and Trademark Office will consider the patent application withdrawn and will be published in the "Official Journal of Industrial Property". Such revocation shall be subject to the same limitations as the withdrawal of the patent application, in accordance with Article 67 of this Regulation. If the examination has been initiated, the substantive examination fee will not be returned.

Article 34. Substantive examination and resolution.

1. Published the report on the state of the art and submitted in time the request for examination and paid the corresponding fee, as well as, if appropriate, submitted the relevant observations and modifications, shall be initiated to the examination.

2. The Spanish Patent and Trademark Office shall consider the report on the state of the art and the written opinion as the first communication to the applicant as to whether the invention meets the formal, technical and patentability requirements laid down in the Law. However, an additional search may be carried out in order to discover the existence of the documents which have been published or made available to the public after the date on which the document was made available to the public. report on the state of the art.

3. Where the examination does not result in the absence of any requirement to prevent it, the patent applied for in accordance with Article 35 of this Regulation shall be granted. If the applicant has amended his patent application, it shall be verified that such amendments comply with the requirements of Articles 48 of Law and 64 of this Regulation.

4. The Spanish Patent and Trademark Office shall refuse the patent in the event that the applicant has not performed any act to obviate the objections contained in the first communication. The decision of refusal shall be notified, stating the reasons, and a reference to the refusal shall be published in the Official Journal of the Industrial Property.

5. In other cases, if, in the light of the reply received and in spite of the arguments or modifications made, the Spanish Patent and Trademark Office considers that there are still grounds for preventing, in whole or in part, the granting of the patent, they shall inform the applicant by giving him the opportunity to make observations or to correct their application within two months of the publication of the statement of objections in the 'Official Journal of Industrial Property'. In correcting the application, the applicant may, in the terms provided for in Article 48 of the Law, amend the description, the claims and the biological drawings or sequences, where appropriate, by drawing up the patent as it intends to be granted.

6. The Spanish Patent and Trademark Office will be able to repeat the communication of objections by sending new defect communications, giving new opportunities to the applicant to remedy within two months in each of them, to count from the publication in the "Official Journal of Industrial Property", if, in spite of its answers, it would not have succeeded in completely correcting all the defects that would prevent the granting of the patent, provided that the defects remaining are subsable and the applicant has clearly tried to correct them.

7. The new opportunities referred to in the preceding paragraph may consist of one or more written procedures or concentrate on a single oral hearing where it is deemed appropriate or requested by the applicant. In the case of the absence of the patent applicant, the procedure will be completed and the processing will continue. A brief minutes shall be submitted to the oral hearing, to which the agreed texts shall be annexed. The applicant shall provide the description and the claims, as agreed in accordance with the formal requirements laid down in this Regulation within 10 working days of the day following the publication of the notice of the lifting of the minutes in the "Official Journal of Industrial Property".

8. The actions of the three previous paragraphs, the Spanish Patent and Trademark Office, will be definitively resolved on the grant or refusal of the patent, taking into account the text provided by the applicant.

9. An appeal may be made against the decision rejecting the patent application by the applicant for the patent. The time limit for the application of the appeal shall be one month from the date of publication of the refusal in the 'Official Journal of Industrial Property'. However, this period is liable to restore rights under the conditions and assumptions provided for in Article 53 of the Law.

10. In the appeal proceedings, the patent holder may amend the application subject to the provisions of Article 48 of the Law.

11. The resolution of the appeal will terminate the administrative path.

Article 35. Grant of the patent.

1. The granting of the patent and the indication that the file is available to the public will be published in the "Official Journal of Industrial Property".

2. The reference in the 'Official Journal of Industrial Property' referred to in paragraph 1 shall include the following

:

a) The number of the request and publish.

b) The filing date of the request.

c) The full data of the priority or priorities claimed.

d) The date of publication of the application and, in the event of no matching, the date of publication of the report on the state of the art or the publication of the international search report.

e) Reference to modifications made to the claims.

f) The international classification of patents.

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 have resigned themselves as such.

j) The grant date.

k) The summary.

3. At the same time, a prospectus shall be published, which, in addition to the particulars included in the preceding paragraph, shall indicate the "Official Journal of the Industrial Property" in which the concession was announced, shall contain the description, claims and, where appropriate, the drawings as they have been granted. The biological sequences shall be made accessible to the public and shall be mentioned in the prospectus. The prospectus shall state that the patent is granted without prejudice to the third and no guarantee of the State in respect of the validity of the patent and the usefulness of the object on which it falls.

CHAPTER III

Opposition Procedure

Article 36. Opposition to the concession.

1. As provided for in Article 43 (1) of the Law, any person may object to the grant of a patent by filing an objection within six months of the publication of the concession in question. the "Official Journal of Industrial Property".

2. The statement of opposition, referred to in Article 43 of the Law, sufficiently reasoned, shall be submitted to the Spanish Patent and Trademark Office. The written statement must be accompanied by the corresponding arguments, facts and evidence relied on in support of them. If the evidence provided is not written in Spanish, a translation into Spanish must be provided. The submission of the statement of opposition shall entail the payment of the corresponding fee.

3. The statement of opposition shall contain the following information:

(a) The identity of the opponent, in accordance with paragraphs (b) and (c) of Article 2.1 of this Regulation.

(b) Where the opponent acts through a representative, the identity of the representative shall be indicated in accordance with the provisions of paragraph (a) of Article 2.2 of this Regulation.

(c) The number of the patent application against which the opposition is formulated, as well as the holder's identification.

(d) The grounds on which the opposition is founded in accordance with the provisions of Article 43.1 of the Law, as well as a declaration specifying to what extent the opposition raised concerns the patent, detailing the claims affected by the opposition.

e) The signature of the opponent or his/her representative.

4. The opposition shall not be admissible where it has not been filed within the six-month period provided for in Article 43.1 of the Act.

5. In cases where the notice of opposition does not comply with the provisions of paragraphs 1 and 2 or where the opposition fee has not been paid or the payment is insufficient, the irregularities observed shall be notified to the opponent so that subsane within one month from the publication of defects in the "Official Journal of Industrial Property", indicating that if it does not do so, it shall be held by the opposition.

6. The decision by which the opposition is admitted, admitted or withdrawn shall be notified to the opponent, stating the reasons, and a reference to the resolution shall be published in the 'Official Journal of Industrial Property'. In addition, the resolution for which the opposition is inadmissible or withdrawn shall be notified to the patent holder.

Article 37. Presentation and processing of oppositions.

1. Opposition to a patent may be filed, even if the patent holder has renounced the patent or has expired.

2. If the holder renounces the patent or expires during the processing of an opposition, the opponent shall be informed, who may request in writing the continuation of the opposition procedure within one month from the date of the publication of the information to the opponent in the "Official Journal of Industrial Property".

3. In any case, once the opposition has been accepted, the opposition may be dealt with by the Spanish Patent and Trademark Office, even if the opponent dies or withdraws the statement of opposition.

Article 38. Transfer of the oppositions to the patent holder.

1. After the time limit for the submission of objections, the holder of the patent shall be transferred to the oppositions admitted for processing, making available the annexed documentation so that, within three months of the publication of the transfer of the oppositions in the 'Official Journal of the Industrial Property', present claims and, to the extent necessary to remedy the defects notified, modify the claims, description and drawings or biological sequences, in the terms provided for in Articles 48 of the Act and 64 of this Regulation.

2. In the event that the holder of the patent answers the objections, the Spanish Patent and Trademark Office will simultaneously transfer all the opponents, if several, of the arguments and proposals for modification presented by the patent. patent holder, granting them a reply procedure in each case for a common period of two months from the publication of the transfer of the reply to the oppositions in the "Official Journal of Industrial Property".

Article 39. Examination of the oppositions and resolution.

1. In order to examine the objections and, where appropriate, the reply and the replies, a Commission shall be set up consisting of three experts from the Spanish Patent and Trade Marks Office, one of them being President. The Commission shall complete itself with a lawyer from the same Office if the nature of the decision is deemed to require it. In the event of a tie vote, the President shall have a vote of quality. The members of the Commission shall be appointed by the Director of the Department of Patents and Technological Information on the basis of experience and specialisation criteria.

2. The Spanish Patent and Trademark Office shall examine the grounds of opposition, as well as the arguments of all parties, including, where appropriate, the amendments made by the patent holder. In the event that you consider that no grounds of opposition prevent the maintenance of the patent as granted, you will dismiss the opposition or the oppositions, if any. The resolution of dismissal shall be notified to the holder and to the opponents, stating the reasons and rejecting the proposed amendment. This resolution shall be published in the "Official Journal of Industrial Property" and shall include a reference to the maintenance of the patent as granted.

3. Where, in the light of the allegations received, including the amendments made by the patent holder, the Spanish Patent and Trademark Office considers that the patent may be maintained in the modified form proposed by the patent. The holder shall, in full or in part, decide to hold the oppositions, while maintaining the patent in a modified form.

4. Where, in spite of the claims or modifications made by the holder, the reasons for maintaining the patent are not present, the holder shall be granted a new period of one month from the publication of his mention in the "Bulletin". Official of the Industrial Property ", to present new claims or modifications of the claims, of the description and, where appropriate, of the drawings or biological sequences, in the terms provided for in Articles 48 of the Law and 64 of the This Regulation. New opportunities will be given, provided that the objections are considered to be subsable and that the holder has clearly tried to correct them. Before finally resolving, the opponents shall be given a period of 10 days to present the final claims they deem relevant.

5. The processing of new opportunities to the holder and of final claims to the opponents referred to in the preceding paragraph may consist of one or more written procedures or concentrate on a single oral hearing, where appropriate, or petition of the owner of the patent or of any of the opponents. The absence of the opponents will not prevent the sight from being held. In the case of the absence of the patent holder, the procedure will be completed and the processing will continue. A brief minutes shall be submitted to the oral hearing, to which the texts proposed by the holder shall be annexed. The holder shall provide the description, the claims and, where appropriate, the biological drawings or sequences, as proposed in accordance with the formal requirements laid down in this Regulation within 10 working days of count from the day following the publication of the notice of the elevation of the minutes in the "Official Journal of Industrial Property".

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

7. The reasoned decision to revoke the patent shall be notified to the holder and to the opponents, stating the reasons, and a reference to the revocation shall be published in the "Official Journal of Industrial Property".

8. The words in the 'Official Journal of Industrial Property' referred to in the preceding paragraph shall include the following particulars:

a) The request and publish number.

b) The filing date of the request.

c) The full data of the priority or priorities claimed.

d) The international classification of patents.

e) The title of the invention.

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

g) Identification that the patent has been revoked and the date of the revocation resolution.

9. The reasoned decision to keep the patent in a modified form shall be notified to the holder and to the opponents. It will also be published in the "Official Industrial Property Bulletin" the indication that the patent is maintained in a modified form and that it is available to the public.

10. The words in the 'Official Journal of the Industrial Property' referred to in the preceding paragraph shall include the following

:

a) The request and publish number.

b) The filing date of the request.

c) The full data of the priority or priorities claimed.

d) The date of publication of the application and, if not matched, the date of publication of the report on the state of the art or the publication of the international search report.

e) Reference to modifications made to the claims.

f) The international classification of patents.

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 have resigned themselves as such.

j) The date of resolution by which it is agreed to keep the patent modified.

k) The date of modification of the claims.

l) The summary.

11. At the same time, a patent prospectus shall be published which, in addition to the particulars contained in the preceding paragraph, shall contain the description, the claims and, where appropriate, the drawings as amended. The biological sequences shall be made accessible to the public and shall be mentioned in the prospectus.

12. An appeal against the grant of a patent may be brought only by a person who has been a party to an opposition procedure and shall be directed against the contested decision of the opposition. To this end, the opposition may be deemed to be rejected if the time limit for resolving it and notifying it has not been expressed. The time limit for the application of the appeal shall be one month from the date of publication of the decision in the 'Official Journal of Industrial Property'. However, this period is liable to restore rights under the conditions and assumptions provided for in Article 53 of the Law.

13. In the appeal proceedings, the patent holder may amend the application subject to the provisions of Article 48 of the Patent Law.

14. The resolution of the appeal will terminate the administrative path.

Article 40. Concurrence of judicial and opposition proceedings.

1. In the event that the prosecution of a judicial proceeding concerning the validity of the patent or infringement against which the opposition has been filed is recorded in the Patent Registry, the Spanish Patent and Trademark Office shall place the knowledge of the Judge or Court, for the appropriate purposes, the processing of an opposition procedure.

2. After the deadline for submitting objections, any third party may request to intervene in the opposition proceedings provided that it is lodged in opposition in the manner provided for in Article 36 of this Regulation and provides that the has filed an action of infringement against him or that after having been required by the patent holder to cease in the alleged violation of that patent has exercised a negatory action, as established in article 121 of the Law. The statement of intervention shall be submitted within three months of the date on which the relevant court action is entered into. The request for intervention by a third party shall be treated as an opposition.

CHAPTER IV

Revocation or limitation procedure

Article 41. Request for revocation or limitation.

1. The holder may request the full revocation or limitation of his or her patent as granted or limited in an opposition or prior limitation procedure.

2. The application for revocation or limitation, involving the payment of the corresponding fee, shall be submitted in writing to the Spanish Patent and Trademark Office by means of an official model which shall contain the following data:

(a) The identity of the patent holder, as provided for in paragraph (b) of Article 2.1 of this Regulation.

(c) If the holder has designated a representative, the identity of the representative, in accordance with the provisions of paragraph (a) of Article 2.2 of this Regulation.

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

d) If the holder requests the limitation of the patent, indication that it provides a set of modified claims and, where appropriate, a modification of the description, of the drawings or of the biological sequences, in the terms provided for in Articles 48 of the Act and 64 of this Regulation.

e) If there are any actual rights, options for purchase, liens, licenses or a court order, indication that the consent of the holders of these rights or of the plaintiff is provided.

f) Signature of the applicant or his/her representative.

3. The holder may not submit a request for limitation within the time limit for submitting oppositions provided for in Article 43.1 of the Law, nor for as long as an opposition against the granting of the patent is being processed or a patent is being processed. previously requested limitation.

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 procedure.

1. The Spanish Patent and Trademark Office shall examine whether the documentation submitted complies with the requirements laid down in Articles 105 of the Law and 41 of this Regulation. If the examination carried out proves to be an irregularity or defect, the processing shall be suspended, notifying the holder of the objections observed so that, within two months, it shall be counted from the publication of the suspense in the Official Journal of the European Union. Industrial Property ', subsane them or submit their claims.

2. After two months, if the defects have been duly corrected, the Spanish Patent and Trademark Office will decide on the request. Otherwise, the application for revocation or limitation shall be refused. In both cases, the relevant decision must be notified, stating the reasons, and a reference, where appropriate, to the revocation, limitation or refusal of the same, shall be published in the "Official Journal of Industrial Property". The indication of the limitation shall contain the particulars referred to in Article 39.8 of this Regulation.

At the same time, a patent prospectus shall be edited with the indications referred to in Article 39.11 of this Regulation, replacing the references to the concession as modified by the limitation.

Article 43. Request for limitation pending a judicial proceeding.

1. Where a judicial proceeding concerning the validity of the patent registered in the Patent Registry is pending, the Spanish Patent and Trademark Office shall inform the Judge or the Court of the request for limitation, for the appropriate purposes. The refusal of the authorization will entitle the patent holder to request the Spanish Patent and Trademark Office to return the limitation fee.

2. If a limitation procedure is initiated, a judicial proceeding concerning the validity of the patent is notified and entered in the Patent Register, the Spanish Patent and Trademark Office shall inform the Judge or the Court of the existence of a Procedure for the limitation in processing, for the appropriate purposes.

3. Once the limitation procedure has been dealt with, the Spanish Patent and Trademark Office shall inform the Judge or the Court of the decision, giving the patent as amended.

CHAPTER V

Other procedures

Section 1. Divisional Requests

Article 44. Split request.

1. Applications which do not comply with the requirement of the unit of invention provided for in Article 26 of the Law, may be divided by the applicant, upon request by the Spanish Patent and Trademark Office, as regulated in the Articles 29 and 59 of this Regulation.

2. The applicant for a patent may request, on his own initiative, the division of his application at any time prior to the completion of the substantive examination.

The applicant for a utility model may request, on his own initiative, the division of his application at any time prior to the decision referred to in Article 62 (3) and (4) of this Regulation. Regulation.

3. When submitting the divisional application, the applicant shall justify the extent to which the object of protection of the divisional application is a party and is not essentially the same as that of the original application.

Article 45. Formalization and processing of the divisional application.

1. At the time of requesting the division of the patent application or utility model, the applicant shall formalize his divisional application, which shall comply with the requirements laid down in Chapter I of Title I of this Regulation.

2. For the purposes of maintaining as the date of filing the date assigned to the initial application, the Spanish Patent and Trademark Office shall verify whether the object of the divisional application is included in the initial application.

3. In the event of a request for the division of a patent application, the application fee and the report fee on the state of the art shall be paid within one month from the deposit of the divisional application. If, in relation to the initial application, additional fees referred to in Article 29 of this Regulation have been paid, the applicant shall not have to pay, in respect of the divisional application, the rate of application of the report on the state of the technique, in so far as the object of the divisional application had already been the subject of search. In this case, a written opinion shall be issued in respect of the subject matter of the divisional application, from which the applicant shall be transferred and made available to the public. A reference to the publication of the report on the state of the art made in respect of the initial application shall also be published in the Official Journal of Industrial Property. From this publication in the "Official Journal of Industrial Property", the calculation of the period provided for in Article 39.2 of the Law will be opened to request the substantive examination.

4. In the event that the report fee on the state of the art has not been paid or has not been paid in full or if, despite the payment of additional fees referred to in Article 29 of this Regulation, the purpose of the or part of the object of the divisional application would not have been sought, the applicant shall be notified of the need to pay the fee or to complete the payment within one month of the publication of the defect in the Official Journal of the European Union. Industrial property ', indicating that if this is not the case, the application shall be made by withdrawal of the application divisional. The withdrawal decision shall be notified to the applicant and shall be published in the "Official Journal of Industrial Property".

5. The description and drawings, both in the initial application for a patent or a utility model, and for any divisional application, should in principle only refer to the elements intended to be protected in that application. However, when it is necessary to describe in a request the items for which protection was requested in another request, reference must be made to this other request.

Section 2. Mode Change

Article 46. Mode change.

1. The applicant for a patent may, at any time prior to the completion of the substantive examination, request that his patent application be transformed into an application for the protection of the object of his invention under another form of Property Industrial.

The applicant for a utility model may, at any time prior to the resolution referred to in Article 62 (3) and (4) of this Regulation, request that his application for a utility model be transformed in an application for the protection of the object of its invention under another Industrial Property mode.

The mode change request will involve the payment of the corresponding rate.

2. The Spanish Patent and Trademark Office, as a result of the ex officio examination of Article 35 of the Law or the substantive examination of Article 40 of the Law or of the ex officio examination of Article 142 of the Law, may propose to the applicant the change of modality of the application, notifying it that, within the time limits laid down in Articles 24, 34.5 and 59.3 respectively of this Regulation, it accepts or rejects the proposal, on the understanding that it rejects the proposal if it does not The mode change is expressly changed. If the proposal is rejected, processing of the case will continue in the originally requested mode.

3. Where the applicant requests the change of modality, the Spanish Patent and Trademark Office shall agree to the change and shall communicate the agreement to the person concerned with an indication of the documentation to be submitted, indicating that he has a time limit of two months to be counted since the publication of the notice of change of modality in the "Official Journal of Industrial Property". If the non-payment of the fee or the underpayment is detected, it shall also be communicated to the applicant who carries out or completes the payment within that period. The failure to submit the new documentation or the payment of the fee within the indicated period will cause the request for change of modality to be withdrawn, the request corresponding to the new modality will be cancelled and the processing will continue of the original application.

4. If the applicant contributes within the prescribed period the documentation indicated or underpaid the fee, the Spanish Patent and Trademark Office will give the appropriate procedure, maintaining, where appropriate, the date of filing of the original application.

Section 3. Secret processing of patents that interest national defense

Article 47. Patents of interest to the national defense.

1. The content of all patent applications shall be kept secret until one month after the date of their submission. Before the end of the period, the Spanish Patent and Trademark Office shall extend this period, in accordance with the provisions of Article 1111.1 of the Law, for up to four months if it considers that the invention subject to it may be of interest to the defence national.

2. The Spanish Patent and Trademark Office will notify the extension to the applicant and will send to the Ministry of Defense copies of the patent application to decide whether the object of the patent application is of interest to the defense national.

3. In case the Ministry of Defense considers that the invention is in the interest of the national defense, it will require the Spanish Patent and Trademark Office so that, before the end of the four-month period, it will decree the secret processing of the same. The agreement that the secret processing of the patent application is decreed will be notified to the applicant, giving the same to the Ministry of Defense.

Article 48. Requests that claim the priority of a secret declared foreign request.

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 on defense, it will be awarded at least the same level of secrecy as the one granted by the country of origin.

2. In accordance with Article III of the NATO Agreement for the Mutual Safeguarding of the Secret of Inventions Related to the Defense in respect of which patent applications have been filed (made in Paris on September 21) (1960) the secret of the invention shall be safeguarded if the applicant waives any claim for damages or losses due solely to the imposition of the secrecy on the invention by the country of origin. In case you do not submit the waiver to the compensation, the Spanish Patent and Trademark Office will reject the patent application and return the submitted documents to the applicant.

Article 49. Patent applications abroad that claim the priority of a secret declared national application.

1. The applicant may not lodge applications for protection abroad claiming the priority of a patent application filed with the Spanish Patent and Trademark Office, before the end of a month from the date of presentation, unless expressly authorised by the Spanish Patent and Trademark Office.

2. The Spanish Patent and Trademark Office may not grant this authorization for patent applications that have been made available to the Ministry of Defense pursuant to the provisions of Article 1111.1 of the Law or are subject to such authorization. a regime of secrecy, unless expressly authorized by the Ministry of Defense.

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

1. In the case of inventions made in Spain, the person concerned may not make a patent application as a first application abroad, unless expressly authorized by the Spanish Patent and Trademark Office. The request for authorization must be submitted by the person concerned to the Spanish Patent and Trademark Office.

2. In order to assess whether the invention is of interest to the national defence, the person concerned must, under conditions of secrecy, provide a copy of the patent application as it is intended to present abroad, together with the description, claims and drawings and, where appropriate, a translation into Spanish of that documentation.

3. The Spanish Patent and Trademark Office shall, within a maximum period of one month, authorize the filing of a first application abroad when it considers that the invention is not in the interest of the national defense and its presentation abroad. In violation of the provisions of the International Defense Agreements signed by Spain.

4. However, if the Spanish Patent and Trademark Office considers that the invention may be of interest to the national defence, it shall refuse, within the same period of one month of the previous paragraph, the authorisation to make a first application abroad and it will be notified to the data subject. In this case, the authorisation shall be granted only if the person concerned gives express authorisation from the Ministry of Defence.

Article 51. Processing of patent applications subject to secrecy.

1. Chapters I, II and III of this Title I shall apply to applications for patents declared under secrecy, except as regards publication and disclosure. Notifications shall be made directly to the applicant or his representative.

2. The formalities relating to patent applications processed under secrecy will be entered in the Register of Secret Patents, which will only be accessible to the staff empowered in accordance with the current regulations regarding the protection of information Ministry of Energy, Tourism and Digital Agenda classified.

3. Once the secret has been lifted, the Spanish Patent and Trademark Office will continue with the corresponding formalities provided for in Title I of this Regulation. The entries in the Register of Secret Patents shall be transferred to the Patent Registry referred to in Article 79 of the Law.

In the event that the removal of the secret would have taken place once the patent was granted, the concession will be published in the "Official Journal of the Industrial Property" and the corresponding prospectus will be issued, as foreseen by the Article 35 of this Regulation. From this publication, the deadline for the submission of objections in Article 43 of the Law will be opened.

Article 52. Lifting of secrecy.

1. Patent applications or patents subject to secrecy declared by a country belonging to the North Atlantic Treaty Organization or with which Spain has concluded an international defence agreement shall maintain such a scheme until the Spanish Patent and Trademark Office receives the communication of the removal of the secret.

2. Both patent applications and patent applications that would have been denied under this form of processing will keep this regime secret until the Ministry of Defense agree to the lifting of the secret.

3. The secret patents whose concession would have been granted during their processing under the secrecy regime shall be maintained in that same regime from the date of grant, for renewable years automatically, until the Ministry of Defence communicate the lifting of the secret. Next, the Spanish Patent and Trademark Office will notify the patent holder.

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

1. Patent applications or patents subject to secrecy shall not be withdrawn, waived, revoked or limited without the express authorization of the authority that declared the secret.

2. Secret patents shall not be subject to the payment of annuities. Once the secrecy has been lifted, as provided for in Article 52 of this Regulation, the holder of the patents shall pay the annuities which accrue from the publication of the concession in the "Official Gazette of the Property". Industrial ".

TITLE II

Additional certificates of protection of medicinal products or their extension and plant protection products

Article 54. Submission of the application.

1. The application for a supplementary protection certificate or its extension shall be submitted in the official model and shall contain:

a) When the application relates to medicines:

i. As laid down in Article 8 of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 on the supplementary protection certificate for medicinal products (hereinafter referred to as Regulation (EC) No 469/2009).

ii. Information that the product is protected by the basic patent designated by its holder for the purposes 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 establishing a supplementary protection certificate for plant protection products (hereinafter referred to as Regulation (EC) No 1610/96) n. º 1610/96).

ii. Information that the product is protected by the basic patent designated by its holder for the purposes of the procedure for obtaining the certificate.

(c) Where the application relates to an extension of a supplementary medicinal product protection certificate:

i. As set out in Article 8 (d) of Regulation (EC) No 469/2009.

ii. Responsible declaration on the content of the documents provided with an indication of the Member States of the European Union to which they correspond.

d) The signature of the applicant or its representative.

2. The submission of the application for a supplementary protection certificate or its extension shall entail the payment of the corresponding fee.

Article 55. Examination of formalities and publication of the application.

1. The Spanish Patent and Trademark Office shall check whether the fee has been paid for the application for a supplementary protection certificate or its extension and whether the data necessary for the publication provided for in Article 9 of the Regulation (EC) are collected. No 1610/96 or Article 9 of Regulation (EC) No 469/2009. If any defect is detected, the applicant shall be notified, giving the applicant a period of 10 days from the publication of the defect in the 'Official Journal of Industrial Property' to improve the application, with the indication that he does not The request will be denied.

2. Once the examination has been completed, within three months the Spanish Patent and Trademark Office will publish in the "Official Journal of the Industrial Property" the application for a supplementary protection or extension certificate in accordance with the laid down in Article 9 of Regulation (EC) No 469/2009 and Article 9 of Regulation (EC) No 1610/96.

Article 56. Examination of the application.

1. Once the application has been published, the Spanish Patent and Trademark Office shall check whether the application for a supplementary protection certificate or its extension and the product to which it relates comply with the requirements laid down in Regulation (EC) No 3154/2009. 469/2009 and Regulation (EC) No 1610/96. No ex officio shall be checked if the marketing authorisation is the first authorisation as a medicinal product or plant protection product in the European Union.

2. If irregularities are detected in the documentation or if the application or the subject-matter of the documentation does not meet the conditions laid down in Regulation (EC) No 469/2009 or Regulation (EC) No 1610/96, the defects shall be reported to the applicant for subsane to or to make its claims within two months of its publication in the 'Official Journal of Industrial Property', indicating that if the subsana is not refused the application shall be refused.

3. Where the defects are not remedied or the objections identified in the notification remain, the application for a supplementary protection certificate or the request for an extension shall be refused, stating the reasons, and the application shall be published. resolution in the "Official Journal of Industrial Property".

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

If the application for the supplementary protection certificate or the extension and the product to which it relates meet the conditions laid down in the Community rules, the Spanish Patent and Trademark Office shall grant the certificate or extension and shall publish in the 'Official Journal of Industrial Property' the decision to grant it as laid down in Article 11 of Regulation (EC) No 469/2009 and Article 11 of Regulation (EC) No 1610/96.

TITLE III

Utility models

CHAPTER I

Grant procedure

Article 58. Utility model request.

1. In order to obtain a utility model, an application must be submitted, which shall contain the documentation referred to in Article 141.1 of the Law, as developed in this Regulation.

2. For the purpose of obtaining a filing date, the description may be written in any language, a translation must be submitted to the Spanish within two months from the date of deposit of the application for a utility model or up to the end of the period provided for in Article 59.3 of this Regulation, whichever period expires later.

Article 59. Assignment of the filing date and ex officio examination.

1. The procedure for obtaining a filing date shall be as laid down in Articles 17 to 21 of this Regulation.

2. Given the date of submission to the application for a utility model and the corresponding fees paid, the Spanish Patent and Trademark Office shall examine whether it meets the requirements laid down for patent applications in Article 23 of the Regulation, with the exception of the summary provided for in paragraph (e) and paragraph (i). It shall also check whether its object is susceptible to protection as a utility model.

3. If, as a result of the ex officio examination, it is appreciated that the application has defects or that its object is not susceptible of protection as a utility model, but if by another modality of Industrial Property, the Spanish Patent Office and Marks shall hold the file in abeyance and grant the applicant a period of two months to remedy, where appropriate, the defects identified or to make the relevant claims. To the extent necessary to correct the defects notified, the applicant may modify the description, claims and drawings, in the terms provided for in Article 48 of the Law, divide the application or request the change of mode.

4. After the deadline for the correction of defects or for the submission of claims, the Spanish Patent and Trademark Office will examine whether the defects have been properly remedied and the corresponding fee has been paid. Otherwise, you will deny the request. The application for a utility model shall also be refused where, in spite of the applicant's claims, the object of the application is deemed not to be susceptible to protection by means of a utility model and would not have expressly requested the mode change.

The decision of refusal shall be notified to the applicant, stating the reasons, and a reference to the refusal with the data necessary for the identification of the applicant shall be published in the "Official Journal of the Industrial Property". the utility model request.

In the event that the defects relate to the right of priority provided for in Article 13 or the harmless disclosure arising from the exhibition at an official or officially recognised exhibition provided for in Article 15, both of the This Regulation shall notify the applicant of the loss of this right.

If, in spite of the claims of the applicant, the Spanish Patent and Trademark Office still considers that the invention is subject to the application for a utility model that lacks a unit of invention, it will give a period of one month. to split the application and proceed as provided for in Article 45 of this Regulation.

5. Where the applicant has requested the change of modality and paid the corresponding fee, the Spanish Patent and Trademark Office shall agree to the change and shall communicate the agreement to the data subject with an indication of the documentation to be submitted, giving such effect a period of two months from the date of publication in the "Official Journal of Industrial Property" of the change of modality agreement. In the absence of the submission of the new documentation within the indicated period, the request for change of modality shall be withdrawn and shall be communicated to it; the request corresponding to the new modality shall also be cancelled. In addition, the utility model request will be denied as provided for in the previous section. The withdrawal decision must be notified, stating the reasons, and will be published in the "Official Journal of Industrial Property".

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

Article 60. Publication of the request.

1. If the ex officio examination does not result in defects preventing the award or where such defects have been duly remedied, the Spanish Patent and Trademark Office shall notify the person concerned of the decision in favour of the continuation of the procedure and shall make available to the public the application for a utility model making the corresponding mention in the "Official Journal of Industrial Property".

The indications to include the mention in the "Official Journal of Industrial Property" shall be as referred to in Article 31.3 of this Regulation, including, in addition, the claims of the utility model requested and, where appropriate, a reproduction of the drawings.

2. At the same time, a prospectus shall be published for the application for a utility model which shall contain the particulars referred to in Article 31.4 of this Regulation, except as referred to in the summary.

Article 61. Oppositions.

1. The notice of opposition, sufficiently reasoned, must be sent to the Spanish Patent and Trademark Office and be submitted within two months of the publication of the application in the "Official Journal of Industrial Property". The statement of opposition shall be accompanied by the relevant arguments, including the facts and evidence relied on in support of them. If the evidence provided is not written in Spanish, a translation into Spanish must be provided. The submission of the statement of opposition shall entail the payment of the corresponding fee.

2. The statement of opposition shall contain the following information:

(a) The identity of the opponent, as provided for in paragraph (b) of Article 2.1 of this Regulation.

(b) If the opponent has designated a representative, the identity of the representative in accordance with the provisions of paragraph (a) of Article 2.2 of this Regulation.

c) The utility model request number against which the opposition is formulated, as well as the applicant's identification.

(d) The grounds on which such opposition is based in accordance with the provisions of Article 144.1 of the Law, as well as a statement specifying to what extent the opposition raised concerns the utility model requested, detailing the claims affected by the opposition.

3. Once the opposition has been filed, if an additional two-month extension of Article 144.2 of the Law is requested, it should be stated on which extremes it is intended to complete allegations or provide additional evidence.

4. The opposition shall not be admissible:

(a) Where the statement of opposition is not submitted within the time limit provided for in paragraph 1.

b) The opposition rate would not have been paid.

(c) The statement of opposition does not permit unequivocally to identify the application against which the opposition is formulated, the identity of the opponent or not to be stated in the grounds and evidence on which it is founded.

d) No representation power would have been presented.

In the case provided for in paragraphs (b), (c) and (d), the opponent shall be given the opportunity to remedy the defects or to submit claims within ten days of publication in the Official Journal of the Property Industrial ", indicating that if they do not do so, the opposition will be inadmissible.

If the statement of opposition does not comply with the other provisions of this Article, the irregularities observed shall be notified to the opponent in order to be subsane within one month of publication in the Official Journal of the European Communities. "Industrial Property", indicating that if it does not do so, it shall be held by the opposition.

5. The decision by which the opposition is inadmissible or withdrawn must be notified to the opponent and to the applicant of the utility model, stating the reasons, and shall be published in the Official Journal of Industrial Property. reference to the resolution.

6. The Spanish Patent and Trademark Office shall transfer to the applicant the utility model of the oppositions admitted together with the accompanying documentation so that, within two months of publication in the "Official Journal of the Property" Industrial " of the movement of the opposition, if appropriate, present claims, modify the claims, description and drawings, in the terms provided for in Article 48 of the Law, or request that the processing continue. If the applicant does not answer in time, the processing will continue.

7. In the event that the applicant of the utility model answers the objections, the Spanish Patent and Trademark Office shall simultaneously transfer to all the opponents, if any, of the arguments and proposals for amendment. submitted by the applicant, giving them a reply in each case for a common period of 10 days from the publication of the transfer of the reply to the objections in the "Official Journal of Industrial Property".

8. The opponent may withdraw the statement of opposition until the time limit laid down in the previous paragraph has elapsed.

Article 62. Examination of the oppositions.

1. In order to examine the objections and, where appropriate, the reply and the replies, a Commission shall be set up consisting of three experts from the Spanish Patent and Trade Marks Office, one of them being President. The Commission shall complete itself with a lawyer if the nature of the decision is deemed to require it. In the event of a tie vote, the President shall have a vote of quality.

2. Where the Spanish Patent and Trademark Office considers that, in spite of the applicant's amendments or arguments, reasons for preventing the use of the utility model remain, it shall grant the applicant a period of one month from the date of the application. publication of the objection to the concession in the "Official Journal of Industrial Property" to remedy the defect or present new allegations. To the extent necessary to remedy the defects, the applicant may amend the description, claims and drawings, where appropriate, in the terms provided for in Articles 48 of the Law and 64 of this Regulation.

3. Finally, the Spanish Patent and Trademark Office shall, in whole or in part, decide on the objections submitted, granting the application, where appropriate, in a modified form or by refusing in its entirety the application for a utility model when any of the grounds of opposition referred to in Article 144.1 of the Act.

4. In the event that no oppositions have been filed or that all of them are inadmissible or dismissed, the Spanish Patent and Trademark Office will grant the utility model.

5. The refusal or grant of the utility model application shall be notified to the holder and to the opponents, stating the reasons, and a reference to the resolution shall be published in the 'Official Journal of Industrial Property'.

6. The publication of the denial resolution shall contain the following data:

a) The number of the request and the publication.

b) The filing date of the request.

c) The full data of the priority or priorities claimed.

d) The international classification of patents.

e) The title of the invention.

f) The identification of the applicant and his/her representative, if any.

g) The identification of the inventor or inventors, unless they have resigned themselves as such.

h) Denial date.

7. The publication of the grant decision shall mention:

a) The request and publishing number.

b) The filing date of the request.

c) The full data of the priority or priorities claimed.

d) The international classification of patents.

e) The title of the invention.

f) The identification of the applicant and his/her representative, if any.

g) The identification of the inventor or inventors, unless they have resigned themselves as such.

h) The publication date of the request

i) Including, where appropriate, the modifications made to your claims.

j) The grant date.

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

8. The decision to grant or refuse the utility model may be appealed against within one month from the date of its publication of the decision in the "Official Journal of Industrial Property". However, this period is liable to restore rights under the conditions and assumptions provided for in Article 53 of the Law.

9. The use of the utility model may only refer to issues that may be resolved by the Spanish Patent and Trademark Office during the registration procedure.

10. The application, based on grounds for refusal of the utility model not examined by the Spanish Patent and Trademark Office, may be brought only by those who have been party to an opposition procedure against the award of the model (a) a utility based on those grounds, and shall be directed against the contested decision of the opposition. For these purposes, the opposition may be deemed to be dismissed if, after the deadline for resolving and notifying it, no express resolution has been given.

11. In the appeal proceedings, the patent holder may amend the application subject to the provisions of Article 48 of the Patent Law. If, as a result of an appeal, the utility model is modified, this circumstance shall be published in the corresponding notice in the "Official Journal of Industrial Property", including the claims of the registered model and, where appropriate, a reproduction of the drawings.

12. The resolution of the appeal will terminate the administrative path.

CHAPTER II

Exercise of actions

Article 63. Request for a 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 Article 148.3 of the Law shall entail the payment of the corresponding fee. If the Spanish Patent and Trademark Office detected that the fee had not been paid or had been insufficient, it would grant the petitioner a period of ten days for his payment, indicating that he would not do so, the request.

2. When the request for a report is accepted, the Spanish Patent and Trademark Office will produce the report on the state of the art, which will be accompanied by written, preliminary and non-binding opinion, and will transfer the same to the petitioner.

3. Both the request, and the report on the state of the art and written opinion, will be incorporated into the utility model case.

4. In the light of the report, the applicant for the utility model may make representations and, where appropriate, amend the claims, in the formalities permitted in Chapter I of Title IV of this Regulation.

In the view of the report, the holder may request the limitation of the utility model under the conditions and with the requirements provided for in Article 105 et seq. of the Law and in Article 41 et seq. Regulation.

TITLE IV

Common procedures for procedure

CHAPTER I

Modification and rectification of errors

Article 64. Amendments to the patent application or the granted patent.

1. The applicant or proprietor of the patent may only modify the claims in the proceedings of the procedures provided for in the Law and in this Regulation. In amending the claims, the applicant or holder may, in order 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. Where the applicant or holder makes an amendment, he shall submit the full set of claims in place of the claims submitted above and, where appropriate, the description, drawings or biological sequences.

3. The amendment shall be accompanied by a document in which the applicant identifies the differences between the previous claims and the amended claims. In addition, you must indicate the reasons for the modification and the scope of the modification.

4. The amended claims may not relate to matters which have not been sought after not being understood, forming a single general inventive concept, in the invention or group of inventions originally claimed. They shall also not refer to matters which have not been sought pursuant to Articles 27 or 28 of this Regulation.

5. The applicant may modify the claims as provided for in the first paragraph of this Article, without the need to have the consent of those who have registered rights on their application in the Patent Registry.

6. The designation of the inventor or inventors may not be modified without the consent of the other inventors designated in the patent application, as well as the applicant or patent holder.

Article 65. Rectification 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 referred to the Spanish Patent and Trademark Office may be rectified at the request of the applicant or holder.

2. For the purposes of the preceding paragraph, if the request for rectification is intended to describe, the claims, the drawings or the biological sequences, the rectification shall be clearly in such a way as to no other text than the rectified text could have been proposed by the applicant. In this case, the Spanish Patent and Trademark Office shall only take into account the content of the description, the claims, the drawings or the biological sequences and, where applicable, the correction or modification made by the applicant.

3. In the event of an error in any other document of the application, the Spanish Patent and Trademark Office shall take into account the content of the application itself, as well as any other document incorporated in the file in advance. to the request for rectification and, where applicable, the correction or corrected document provided by the applicant.

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

Pursuant to Article 109.2 of Law 39/2015 of 1 October of the Common Administrative Procedure of the Public Administrations, at the request of a party or on its own initiative, the Spanish Patent Office and Marks may, at any time, rectify the material errors, in fact, or arithmetic existing in its resolutions or communications, provided that such rectification does not affect or alter the meaning of the act.

Article 67. Withdrawal of the request.

1. The patent application may be withdrawn by the applicant at any time before the patent is granted. The withdrawal request must be filed with the Spanish Patent and Trademark Office and must include:

a) An indication that the withdrawal of the patent application is requested.

(b) The identity of the applicant, in accordance with the provisions of Article 2.1 (b) of this Regulation.

(c) Where a representative has been designated, the identity of the representative, as provided for in paragraph (a) of Article 2.2 of this Regulation.

d) The patent application number whose withdrawal is requested.

e) Signature of the holder of the patent application or of its representative.

2. Where, as provided for in Articles 11.3 and 52.2 of the Law, it is necessary to accept the withdrawal of the consent of the holder of any registered right on the patent application, he must accompany the request for a a declaration signed by that right holder or by his representative, accepting such withdrawal.

3. The Spanish Patent and Trademark Office shall examine whether the withdrawal application complies with the requirements and conditions laid down in the Law and in this Regulation. In the event of irregularities, the processing shall be suspended and the person concerned shall be notified of the fact that, within a period of two months, he has been subject to the publication of the suspense in the 'Official Journal of Industrial Property', answer to them. If the identified defects are not remedied within the prescribed period, the withdrawal request shall be refused.

4. The Spanish Patent and Trademark Office shall inform the applicant of the decision to grant or refuse, stating the reasons, the withdrawal and shall publish a notice of the decision in the 'Official Journal of Industrial Property'.

CHAPTER II

Time-frame measures

Article 68. Time frame.

1. For the purposes of calculating the time limits provided for in the Law and in this Regulation, the provisions of Chapter II of Title II of Law 39/2015 of 1 October 2015 of the Common Administrative Procedure of the Public Administrations shall be included. This, however, for the payment of the annuities due after the publication of the concession, the computation shall be carried out in calendar months.

2. The presence of defects in the documentation shall interrupt the procedure since the applicant is notified of the existence of such defects, by means of the corresponding suspense in the processing, until such defects are remedied or the deadline expires. for this purpose, the deadline expiring before.

3. The maximum time-limits for the resolution and notification or publication of all the procedures provided for in the Law and in this Regulation shall be those laid down in the ministerial order of maximum periods to be adopted pursuant to the provisions of the Additional provision of the Act.

4. The expiration of the maximum period of resolution to resolve a request for any proceedings before the Spanish Patent and Trademark Office pursuant to the Law and this Regulation without any express resolution, legitimize the person concerned in order to understand it to be dismissed for the sole purpose of allowing him to take over the administrative action or administrative dispute arising. The presumed dismissal in no case shall exclude the duty to issue express resolution, which shall be adopted without any connection to the sense of silence.

Article 69. Extension of time limits.

1. Subject to paragraph 3 of this Article, the Spanish Patent and Trademark Office may extend for two months the time limits laid down in the Law and in this Regulation.

2. The extension of a deadline must be requested in writing before the deadline for which the extension is requested and the Spanish Patent and Trademark Office must resolve the period within that period.

3. No extension of time limits affecting third parties may be extended, in particular:

(a) The extension of an already extended deadline.

b) The deadline to request the extension or to request the re-establishment of rights.

c) The deadline to pay annuities.

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

e) The deadline for filing an opposition and for an administrative appeal.

f) The deadline for answering a communication from the Spanish Patent and Trademark Office within a contradictory procedure.

4. The Spanish Patent and Trademark Office shall examine whether the application for an extension is admissible and shall decide whether to grant or refuse, stating the reasons. The resolution shall be communicated to the applicant and shall publish an announcement of the decision in the 'Official Journal of Industrial Property'.

Article 70. Rights reset request.

1. The application for the restoration of a right shall be filed with the Spanish Patent and Trademark Office, paying the corresponding fee and shall contain the following data:

(a) The identity of the applicant or holder of the right whose reinstatement is requested, in accordance with the provisions of paragraph (b) of Article 2.1 of this Regulation.

(b) The identity of the representative, where appropriate, in accordance with the provisions of paragraph (a) of Article 2.2 of this Regulation.

c) Term or failed processing.

d) If applicable, agreement and date of the termination of the right and its publication or notification.

e) Stop the impediment date.

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

g) Signature of the data subject or his/her representative.

2. With the application for the restoration of the right, the omitted procedure must be fulfilled, accompanied by the formalization of the act or the application, written or documentation that was omitted in its day in this procedure and whose absence determined the loss of the right.

Article 71. Examination and resolution of the application.

1. It shall be examined whether the application for the restoration of rights has been submitted within the time limit prescribed in Article 53.2 of the Law and if the time limit is liable to be restored pursuant to paragraphs 1 and 5 of the Article 53 of the Law and Article 14 (4) of this Regulation. Otherwise, the request to reset the rights will be resolved.

2. Admitted to processing, the Spanish Patent and Trademark Office will examine whether the application for the restoration of the right complies with the requirements set out in the previous article and in Article 53 of the Law, and whether the omitted act or procedure has been duly completed in all its formalities when the application for recovery is submitted.

3. If any irregularity or defect is observed in the documentation submitted, they shall be communicated to the applicant so that he or she submits their arguments within ten days. The request for reinstatement shall be withdrawn if the irregularities or defects are not corrected in time.

4. Where irregularities or defects are not observed in the submitted documentation, or where they have been remedied, it shall be examined whether due diligence has been established in the circumstances of the case.

5. The examination referred to above shall be settled, estimating or dismissing the restoration of the right. In the latter case, before the reestablishment of rights is rejected, the petitioner shall be granted an additional period of 10 days for comments.

6. The mention of the resolution for the restoration of rights will be published in the "Official Journal of Industrial Property".

CHAPTER III

From the registration of patents and information to the public

Article 72. Data is entered.

1. The Patent Registry referred to in Article 79 of the Act shall be in the form of an electronic database and shall be open to the public consultation. It shall, where appropriate, include the following particulars concerning both patent applications and patents granted:

a) The request number.

b) The filing date of the request.

c) The title of the invention.

d) The symbols of the assigned classification.

(e) The identity of the applicant or the owner of the patent, as provided for in Article 2.1 (b) of this Regulation.

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

g) The identity of the representative or representative, unless he is an employee of the applicant; in such a case, the indication of the identity and the position in the company of the applicant shall be sufficient. Where there are several representatives, it is sufficient for the first place to be entered, followed by the terms 'and others'.

h) The indications regarding the priority claim (date, status, and deposit number of the previous request).

i) Indications regarding the exposure priority (date, state, and display number).

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

k) The indication, if any, that this is a divisional application and the filing date and number of the application or registration of the application.

l) The date of publication of the application and, in the case of non-matching, the date of publication of the report on the state of the art or the publication of the international search report.

m) The indication that this is a patent for the transformation of a European patent application and the data relating to this application.

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

n) The date of submission of third-party observations.

(o) The date of the decision and the publication of the word of resolution for which the patent application or the patent has been withdrawn, granted, maintained in a modified, refused, withdrawn or considered withdrawal, limited or revoked.

p) Data relating to the oppositions presented and to the interposition and resolution of administrative and jurisdictional resources.

q) Data regarding the limitations or revocations of the patent.

r) Data relating to requests and resolutions of rights resets.

s) The data relating to the subscription of an arbitration agreement, to the award which is to be borne and, where appropriate, to the appeals filed against it, and to the resolutions adopted in relation to them.

t) The date of the patent expiration resolution, the cause, and the date of production of effects.

u) Payments made.

2. In addition to the inscriptions referred to in the preceding paragraphs, the Registration of Patents shall be entered, indicating the date of registration:

(a) Changes in the name, address or nationality of the applicant or the owner of the patent, or of the State in which it has its domicile, headquarters or establishment.

(b) Changes in the name or professional address of the representative, except in the case of the representative referred to in Article 56 (3) of the Regulation for the implementation of Law 17/2001 of 7 December 2011, approved by Royal Decree 687/2002 of 12 July.

(c) Where a new representative is appointed, his/her identity, in accordance with the provisions of Article 2.2.a) of this Regulation.

d) Requests for the assignment of the application or the patent, and the date of refusal or grant of the registration of change of ownership.

e) The constitution, modification or assignment of a real right and the date of the refusal or grant of the registration. In the case of a movable mortgage, the date of its registration in the register of movable property shall be entered.

f) Forced enforcement measures and insolvency proceedings.

g) Applications for registration, modification or assignment of licenses and the date of refusal or grant of registration.

h) The full license offering, as well as any full license application.

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

j) Requests for cancellation of the entries mentioned in paragraphs e) to i), and the date of registration of their cancellation.

(k) The preventive annotations, the interpositions of demand, the interpositions of demand in the exercise of actions vindicatoria and of nullity (direct or counterclaim), the requests of limitation of the patent with the main or subsidiary character of a process relating to the validity of the proceedings, any other precautionary measures, judgments and other final judgments to terminate those proceedings and any other provision provided for in Article in the Patent Law or other applicable laws.

l) Log records that come from judicially approved or formalized mediation agreements.

3. In the Register of Patents, data relating to applications for utility models and utility models shall also be entered in the same way as in this chapter.

4. The data relating to applications for supplementary protection certificates and supplementary certificates of protection granted and to their applications shall also be entered in the same way as the information provided for in this Chapter. extensions.

Article 73. Other data inscribable.

1. Court decisions relating to the patent application or to the patent shall be entered upon prior notice by the competent court or tribunal or at the request of an interested party.

2. A reasoned decision by the Director of the Spanish Patent and Trademark Office may provide for the registration of other particulars not provided for in the previous article in the Register of Patents.

Article 74. Advertisement Register.

The Patent Registry is public. The advertising shall be made effective by consulting the database, obtaining computer listings or certification issued by the competent official. The Spanish Patent and Trademark Office will provide, free of charge, the public consultation of the database by making it available to the public in telematic communication networks.

Article 75. Certifications.

1. Certification shall be the only means of proving the content of the register registrations.

2. The certificate may be obtained by the person concerned by the filing, before the Spanish Patent and Trademark Office, of an application, indicating the particulars on which the application is to be made. Where a general certificate is requested concerning the registration or the status of patent files, supplementary protection certificates or their extensions or utility models, the latter may consist of: corresponding computer extract of the database, certified by the competent official. The application for certification shall involve the payment of the corresponding fee.

Article 76. Public consultation of files.

1. The public consultation of the dossiers referred to in Article 55 and the fifth additional provision of the Act shall be made on the original documents or copies thereof. Where the files are kept by electronic storage media, the public consultation shall be carried out on such electronic means. The Spanish Patent and Trademark Office will establish the way to complete the consultation. The public consultation request will involve the payment of the corresponding fee.

2. For the purposes of the consultation referred to in Article 55.2 of the Law, the person concerned shall, in addition to that provided for in this Article, provide the evidence showing that the applicant for the file whose consultation is sought has sought to the rights deriving from that file are to be upheld. The Spanish Patent and Trademark Office will accept the consultation referred to in this paragraph if it considers sufficient evidence provided by the interested party.

3. They will also be excluded from public consultation:

(a) Draft agreements and reports, as well as any documents intended for the preparation of agreements and reports, which have not been communicated to the parties.

b) Communications between organs of the Administration of the same consequence.

(c) The documentation concerning the designation of the inventor, if the inventor has renounced his personal right to mention in the patent.

(d) the parts or documents of the file whose confidentiality has been requested by the data subject prior to the request for consultation, as provided for in paragraph 5 of the fifth additional provision of the Law.

4. Upon request, the public consultation shall be carried out by the issue of copies of the documents of the file. To obtain such copies the corresponding fee must be paid.

5. Access to the biological material deposited in accordance with Article 27 of the Law shall be carried out under the conditions and forms provided for in Articles 56 of Law and 5 and 6 of this Regulation.

TITLE V

Enrollment of disposals, licenses, and other rights modifications and full license offerings

CHAPTER I

Enrollment of disposals, licenses, and other rights modifications

Article 77. Content of the application for registration of disposals.

1. The request to register the transfer of a patent or its application must be submitted by application in the official model. The submission of the application for registration shall be subject to payment of the corresponding fee and shall include:

(a) The identity of the applicant or holder of the right which is transmitted, in accordance with the provisions of Article 2.1 (b) of this Regulation.

(b) The identity of the new applicant or holder, in accordance with the provisions of Article 2.1 (b) of this Regulation.

(c) Where the registrant is acting by means of a representative, the identity of the representative, in accordance with the provisions of paragraph (a) of Article 2.2 of this Regulation.

d) Indication of the document or accrediting act of the assignment.

e) The patent application number that is transmitted.

f) Signature of the applicant or his/her representative.

2. If the change in ownership results from a contract, the application for registration must be accompanied by any of the following documents:

a) Authentic copy of the contract or simple copy thereof with legitimation of signatures made before notary or other competent public authority.

(b) Extract of the contract in which the statement is made by notarial testimony or by another competent public authority that the extract is in accordance with the original contract.

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

3. If the change in ownership is caused by a merger, reorganization or division of a legal person, by legal imperative, by administrative decision or by judicial decision, the application for registration must be accompanied by testimony emanating from the of the public authority issuing the document, or a copy of the document proving the change, authenticated or legitimized by a notary or by another competent public authority. However, for the entry of liens, contests and other judicial measures, the appropriate order issued for the purpose by the Judge or Court having given them or by the competent administrative body shall be sufficient. The request for the registration of the disposals provided for in this paragraph shall be governed by the provisions of paragraph 1 of this Article.

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

Article 78. Content of the application for the registration of changes in the name or address of the person or representative.

1. Where there is no change in the person of the applicant or holder of the patent, but if in his name or address, that change shall be entered in the Patent Register at the request of the person concerned.

2. The application for registration of a name change or address, which, if applicable, shall be subject to payment of the corresponding fee, shall include:

a) The number of the application or the affected patent.

(b) The identity of the applicant or holder of the patent, as listed in the Patent Register.

(c) The indication of the new name or address of the applicant or holder of the patent, as may be registered in the Patent Registry following the change in accordance with the provisions of paragraph (b) of Article 2.1 of the This Regulation.

(d) If a representative has been appointed, the identity of the representative, in accordance with the provisions of paragraph (a) of Article 2.2 of this Regulation.

e) The signature of the data subject or his/her representative.

3. All applications or patents belonging to the person concerned may be grouped together in a single application for a change of name or address. In this case, the numbers of all the applications or patents concerned shall be indicated, the corresponding fee being paid for each of them.

4. When the Spanish Patent and Trademark Office reasonably doubts the veracity of the change in the name or address requested, it may ask the person concerned to submit the evidence showing such change.

5. The preceding paragraphs shall apply to the change in the name or address of the representative and, in accordance with his/her nature, also to changes of nationality of the applicant or holder of the right or of the State in which he has his registered office, place of residence or establishment.

Article 79. Content of the license enrollment request.

1. The application for registration of a patent licence or application shall be submitted by application on the official model.

2. The application, which shall be subject to payment of the corresponding fee, shall include the particulars contained in Article 77.1 of this Regulation and shall be accompanied by any of the documents referred to in paragraphs 2 and 3 of that Article, referred to the license agreement and the licensor and the license holder.

3. Where the document certifying the licence is one of those provided for in Article 77.2 (c) of this Regulation, those documents shall consist of the official models.

4. The application for registration of the licence must indicate whether it is exclusive or not, as well as the possible limitations of the contract in terms of its duration, operating mode, territorial scope or applications. It shall also be indicated whether the licensee may give it, or sublicense. In the event that the application for registration does not indicate any of the above, the license shall be entered in accordance with the legal presumptions laid down in Article 83 of the Law.

5. The application for registration of the licence may include a number of applications or patents provided that the licensor and the licensee are the same for each of the applications or patents concerned, the corresponding fee being paid by each of them.

Article 80. Content of the application for registration of other legal businesses.

1. The application for the registration of other legal acts or acts which are registered in accordance with Articles 79.2 and 82.1 of the Law, except for the movable mortgage which shall be governed by its specific provisions, shall comply with the requirements and the conditions laid down in Article 77 of this Regulation duly appropriate to the nature of the act or right to register. The application for the registration of options for the purchase or incorporation of real rights shall, in addition, be accompanied by a supporting document, as provided for in paragraphs (a) or (b) of Article 77.2 of this Regulation.

2. In the event of the registration of a contest for creditors, liens or other enforcement measures, the application for registration in the Patent Registry, filed by the competent authority, shall not be subject to the payment of fees. In particular, if there is a competition of creditors registered with the Office, any action will be suspended for the termination of the right to be affected until such time as the corresponding judicial authorization is received. A two-month period for the regularisation of the right to be affected shall be opened for two months.

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

1. The registration of disposals, changes of name or address, of licences and of the legal businesses referred to in Article 80 of this Regulation shall be cancelled or amended at the request of one of the parties, by means of an official model.

2. The request for cancellation or modification shall contain the following information:

(a) The identity of the applicant, in accordance with the provisions of Article 2.1 (b) of the Regulation.

(b) If a representative has been appointed, the identity of the representative, in accordance with the provisions of paragraph (a) of Article 2.2 of this Regulation.

c) The number of the case that you intend to cancel or modify.

(d) The number of the application or patent affected by the right 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/her representative.

3. The provisions of Article 77 (2) and (3) of this Regulation shall apply, in accordance with their nature, to the request for cancellation or amendment provided for in this Article.

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

1. The registration of transfers, changes of name or address, licenses and legal businesses referred to in Article 80 of this Regulation may be requested by either party. The Spanish Patent and Trademark Office shall number and date the application, and shall issue the corresponding proof of the presentation, which may consist of a copy of the application submitted, stating the number, place, date of the application. and time of presentation.

2. Upon receipt of the application, the Spanish Patent and Trademark Office shall examine whether the documentation submitted complies with the requirements laid down in Articles 77 to 80 of the Regulation. If the examination carried out proves any irregularity or defect, the processing shall be suspended, notifying the objections to the applicant that, within a period of two months, it shall be counted from the publication of the suspense in the Official Journal of the European Communities. "Industrial Property", subsane them or present their claims. This deadline will be resolved on the application for registration.

3. Where the Spanish Patent and Trademark Office may reasonably doubt the veracity of any indication contained in the application for registration or in the documents accompanying it, it may require the applicant to provide evidence which prove the veracity of these indications. The communication must indicate the reasons why it doubts the veracity of such information.

4. The Spanish Patent and Trademark Office shall not enter any transfers in favour of natural or legal persons who, in accordance with the provisions of Article 3 of the Law or the civil or commercial rules, may not be entitled to them.

5. The Spanish Patent and Trademark Office shall decide to grant or refuse, in whole or in part, the application for registration. The grounds for refusal shall be indicated in the case of refusal. The relapse resolution will be published in the "Official Industrial Property Bulletin".

6. The preceding paragraphs shall apply to the requests for cancellation or amendment provided for in Article 81 of this Regulation.

7. In the event that a mortgage is established, it shall be governed by its specific provisions and shall be entered in Section 4 of the Register of Furniture with notification of such registration to the Patent Register for its purposes. registration in the same. For these purposes both registers shall be coordinated in order to communicate the charges registered or recorded in them. For the purposes of appropriate coordination, the Spanish Patent and Trademark Office and the Directorate-General of the Registers and the Notaries may conclude an agreement setting out the conditions and technical specifications for communication. telematics.

CHAPTER II

Enrollment of full-right licenses

Article 83. Request for registration of full license offering.

1. The owner who, pursuant to Article 88 of the Law, wishes to authorize the use of the invention which is the object of his patent to any interested in the quality of a licensee, must submit an application to the Spanish Patent and Trademark Office. The application shall involve the payment of the corresponding fee.

2. The application for registration of the full license offering must include:

a) The identity of the patent holder.

(b) Where the holder acts by means of a representative, the identity of the representative, in accordance with the provisions of paragraph (a) of Article 2.2 of this Regulation.

c) The patent application number for which you are offering the offer.

d) Signature of the applicant or his/her representative.

3. Upon receipt of the application, if any irregularity or defect is found, the processing shall be suspended, notifying the objections observed to the patent holder so that, within two months, from the publication of the In the Official Journal of the Industrial Property, subsane or present its arguments. After this deadline the application for registration will be resolved.

4. The Spanish Patent and Trademark Office will decide to grant or deny the application for registration. The grounds for refusal shall be indicated in the case of refusal. The relapse resolution will be published in the "Official Industrial Property Bulletin".

Article 84. Withdrawal of the full license offering.

1. The owner of the patent who wishes to withdraw his or her offer of full license, must submit an application to the Spanish Patent and Trademark Office, which must include:

a) The identity of the patent holder.

(b) Where the holder acts by means of a representative, the identity of the representative, in accordance with the provisions of paragraph (a) of Article 2.2 of this Regulation.

c) The patent application number for which you want to withdraw the offer.

d) Signature of the applicant or his/her representative.

2. Upon receipt of the application, the Spanish Patent and Trademark Office shall examine whether the documentation submitted complies with the requirements laid down in the preceding paragraph and, in particular, whether an application for use of the invention is subject to the Full licence scheme. If the examination carried out proves to be an irregularity or defect, the processing shall be suspended, notifying the objections observed to the patent holder so that, within two months, it shall be counted from the publication of the suspense in the 'Bulletin'. Industrial Property Officer ", subsane them or submit their claims. After this period, the request for withdrawal of the offer shall be settled, granting or denying the application for withdrawal. The grounds for refusal shall be indicated in the case of refusal. The relapse resolution will be published in the "Official Industrial Property Bulletin".

3. The publication of the grant of the withdrawal of the offer of full license, shall open the period provided for in Article 88.3 of the Law, for the payment of the reductions of the annuities.

Article 85. Request to obtain a full license.

1. The interested party who, as a licensee, wishes to exploit the invention that would have been the subject of a full license offer, must present an instance to the Spanish Patent and Trademark Office, which must include:

(a) The identity of the applicant for the licence, as provided for in paragraph (b) of Article 2.1 of this Regulation.

(b) Where the person concerned acts by means of a representative, the identity of the representative, in accordance with the provisions of paragraph (a) of Article 2.2 of this Regulation.

c) The patent application number for which you are applying for the full license.

d) Indication of the use to be made of the invention.

e) Signature of the applicant or his/her representative.

2. When the application has been received, the application shall be suspended if the examination has been carried out, the processing shall be suspended, the objections being notified to the applicant so that, within a period of two months, the application shall be suspended from the publication of the suspended in the 'Official Journal of Industrial Property', subsane them or submit their claims. After this deadline, the request for obtaining the full license will be resolved.

3. If the Spanish Patent and Trademark Office considers that there is no impediment, it shall communicate the application for obtaining a full licence to the patent holder and to the applicant for the authorisation, stating that, after the expiry of the period of one month from receipt of the communication, the applicant is authorised to use the invention in the manner indicated in the application.

4. If within one month of the preceding paragraph, the parties do not reach an agreement on the compensation to be paid by the licensee, any of them may apply to the Spanish Patent and Trademark Office to fix the amount appropriate to that compensation. The application will be filed with the Spanish Patent and Trademark Office and will involve the payment of the corresponding fee. The Spanish Patent and Trademark Office shall, before it is settled, hear from both parties and may address the institution which it considers to be most appropriate in the circumstances of the case in order to request the appointment of the expert in the determination of the compensation to be paid by the licensee. The resolution shall be communicated to the parties.

5. In the event that the amount established has occurred or is known to have made it manifestly inappropriate, either party may request the Spanish Patent and Trademark Office to modify it. The application will be filed with the Spanish Patent and Trademark Office and will involve the payment of the corresponding fee. The Spanish Patent and Trademark Office shall, before it is settled, hear from both parties and may address the institution which it considers to be most appropriate in the circumstances of the case in order to request the appointment of the expert in the determination of the compensation to be paid by the licensee. The resolution shall be communicated to the parties.

TITLE VI

Compulsory licenses

Article 86. A mandatory license request.

1. Any person who, pursuant to Article 92 of the Law or the holder of a later patent who, pursuant to Article 93 of the Law, wishes to apply for a compulsory license, must submit to the Spanish Patent and Trademark Office a application in the official model. The application shall be subject to payment of the corresponding fee and shall contain:

(a) The identity of the applicant, in accordance with the provisions of Article 2.1 (b) of this Regulation.

(b) Where the person concerned acts by means of a representative, the identity of the representative, in accordance with the provisions of paragraph (a) of Article 2.2 of this Regulation.

(c) The application number of the patent to which the application for a compulsory license refers, as well as the identification of the patent holder.

d) Evidence of the circumstances that are present in the case and which could justify the granting of compulsory licenses.

e) The proof proving the prior attempt to obtain a contractual license, except in the cases provided for in Article 97.2 of the Law.

f) The purpose and scope of the license to be obtained and the reasons for supporting this claim.

(g) Data to allow judgment that the applicant has the means to carry out a real and effective exploitation of the patented invention and to provide the guarantees reasonably required by the patent holder to grant a license.

h) Signature of the applicant or his/her representative.

2. If, pursuant to the provisions of Articles 94 and 95 of the Law, the submission of a patent to the system of compulsory licenses is decreed, the Spanish Patent and Trademark Office shall publish a mention in the "Official Gazette of the Property". Industrial ". From that moment on, any person wishing to apply for a compulsory license must submit an application in accordance with the requirements set out in the previous paragraph.

3. Upon receipt of the application, the Spanish Patent and Trademark Office shall examine whether the documentation submitted complies with the requirements set out in the preceding paragraphs. If the examination carried out results in irregularities or defects, the processing shall be suspended, notifying the objections to the applicant of the compulsory licence so that, within two months, from the publication of the suspended in the 'Official Journal of Industrial Property', subsane them or submit their claims. Otherwise, the grant of the compulsory licence shall be refused. The decision of refusal shall be communicated to both parties and shall be published in the 'Official Journal of Industrial Property'.

Article 87. Processing procedure.

1. If the examination does not result in defects in the application for a compulsory license or such defects would have been duly remedied, the Spanish Patent and Trademark Office shall transfer the patent holder of the application for a compulsory license with the accompanying documents so that within a maximum of one month from the publication of the suspense in the "Official Journal of the Industrial Property", make the arguments that it deems appropriate and, if necessary, provide the necessary evidence in support of their claims

2. If the owner of the patent does not answer within the prescribed period, the Spanish Patent and Trademark Office shall grant the compulsory license. If the patent holder counters, the Spanish Patent and Trademark Office shall assess the allegations and evidence submitted by both parties.

3. At the request of both parties, the Spanish Patent and Trademark Office may suspend the processing of the file for a single time for the period it deems appropriate in the light of the circumstances of the case. This period may not exceed six months.

4. When the Spanish Patent and Trademark Office considers that the circumstances justifying the granting of the compulsory license are given and will publish it in the "Official Journal of Industrial Property", it shall proceed as provided for in the 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 be directed to the institution which it considers most appropriate given the circumstances of the case in order to request the appointment of the expert to be appointed pursuant to Article 99 (2) of the Law.

6. The decision granting the compulsory licence must determine the content of the licence. In particular, the scope of the licence, the licence fee, the duration, the guarantees to be provided by the licensee, the time from which the holding must be initiated and any other clauses ensuring that it will be operated by the licensee, must be fixed. The invention relates to a method for producing the same. The decision shall also determine the costs to be borne by each party, which shall be incurred at the request of the party, and the payment of all expenses may be imposed on one of the parties when it is declared that he has acted with fear or evil. faith. Common expenses will be paid by half.

7. Both the resolution granting the license and the one that denies it, will be communicated to both parties and will be published in the "Official Journal of Industrial Property".

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

The application and processing procedure in the case of compulsory licenses for the manufacture of medicinal products destined for countries with public health problems provided for in Article 96 of the Law will be governed by the Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on the granting of compulsory licences for patents relating to the manufacture of pharmaceutical products intended for export to countries with public health problems.

TITLE VII

Patent Expiration

CHAPTER I

For lack or insufficiency of patent exploitation

Article 89. Lapse due to lack or insufficiency of exploitation of article 108.1.d) of the Law.

1. The instruction in the administrative file for revocation provided for in Article 108.1 (d) and 4 of the Law may be initiated on its own initiative or at the request of an interested party.

2. The application for revocation shall be notified to the holder of the patent and to the licensees of all the compulsory licences entered or in the process of registration so that, within two months of the notification, they submit the appropriate claims.

3. After the period referred to in the previous paragraph, the Spanish Patent and Trademark Office shall decide, taking into account the content of the licence granted in accordance with Article 99 of the Law, in particular as regards the scope of the licence and other relevant clauses relating to the holding or delay of commencement of the holding, as provided for in paragraphs 4 and 7 of that Article.

4. The expiry of the patent may not be agreed if, after two years since the first compulsory licence was granted, the invention is being exploited or if, in the absence of exploitation, applications for compulsory licensing are in place. in accordance with Article 98 of the Law or other compulsory licences granted, in such a case as to the cancellation of all compulsory licences granted unexploited within two years of their granting. For the purposes of Article 108.1.d) of the Act, a compulsory licence which has been cancelled shall not have the consideration of the first compulsory licence granted, except where all compulsory licences granted have been cancelled. and there are no pending mandatory license requests.

Article 90. Lapse due to lack or insufficiency of exploitation of article 108.1.e) of the Law.

1. The revocation provided for in Article 108.1.e) of the Law must be declared on the basis of a statement of the relevant file, which is initiated on its own initiative or at the request of an interested party.

2. The holder of the patent shall be transferred from the application for revocation, so that, within two months of the notification, he may submit allegations and evidence to justify the circumstances of the holding.

3. After the period referred to in the previous paragraph, the Spanish Patent and Trademark Office shall decide.

Article 91. Resolution.

1. If the Spanish Patent and Trademark Office is to declare the patent for lack or insufficiency of exploitation, pursuant to Article 108.1 (1) (d) or (1) (e) of the Law, the holder and, where applicable, the licensee shall be notified as well as to the any holder of any rights registered in the patent, and shall be published in the "Official Journal of Industrial Property".

2. Should the Spanish Patent and Trademark Office proceed to the cancellation of an unexploited compulsory license in accordance with Article 89.4 of this Regulation, this resolution shall be notified to both the patent holder and the licensee of the patent. the cancelled compulsory licence, as well as any holder of any right registered on the patent, and will be published in the "Official Journal of Industrial Property".

CHAPTER II

By resignation of the holder

Article 92. Total or partial waiver of the patent.

1. The application for the waiver of the patent pursuant to Article 110 of the Law shall be filed with the Spanish Patent and Trademark Office, which shall include:

(a) An indication that partial or full waiver of the patent is requested.

(b) The identity of the patent holder, as provided for in paragraph (b) of Article 2.1 of this Regulation.

(c) Where a representative has been designated, the identity of the representative, as provided for in paragraph (a) of Article 2.2 of this Regulation.

d) The patent application number whose waiver is requested.

e) In the event that partial resignation is requested, indication of the claims to which he resigns.

f) Signature of the patent holder or his representative.

2. Where, in accordance with Article 110 (4) of the Law, it is necessary to accept the waiver of the consent of the holder of any registered right on the patent or, where appropriate, of the plaintiff of an action vindicatoria or nullity on the patent, it shall be sufficient to accompany the application with a declaration signed by that rightholder or the plaintiff, or by his representative, accepting such renunciation.

3. The Spanish Patent and Trademark Office will examine whether the waiver application complies with the requirements and conditions laid down in the Law and in this Regulation. In particular, in the event of a partial waiver being sought, it will be verified that such a waiver does not entail an extension of the object of the patent. In the event of irregularities, the processing will be suspended and the holders will be notified to the holder so that, within two months, they will be counted from the publication of the suspense in the "Official Journal of Industrial Property", the same. If the identified defects are not remedied within the prescribed period, the registration of the requested waiver shall be refused.

4. The Spanish Patent and Trademark Office will publish in the "Official Industrial Property Bulletin" the agreement to accept the waiver. In the event of a total waiver the patent will be expired in accordance with article 108.1.b) of the Law. In the event of partial resignation, the claims which would have been the subject of the waiver and those for which the patent has remained shall be specified. In the latter case, if the patent holder has provided a new text in accordance with the claims, a new prospectus containing the information referred to in Article 39.9 of the Regulation shall be published, subject to the payment of the corresponding fee. This Regulation shall replace the references to the maintenance of the concession in a modified form with a partial indication of resignation.

TITLE VIII

Applying international conventions

CHAPTER I

Application of the European Patent Convention

Article 93. Presentation of European patent applications that do not claim priority from a previous deposit in Spain.

1. European patent applications which are filed with the Spanish Patent and Trademark Office and which do not claim the priority of a previous deposit in Spain and are written in a language other than Spanish, must be accompanied by a translation into Spanish, at least, of the title and the abstract. In the event that this translation has not been provided, the applicant will be required to provide the translation within one month of the publication in the "Official Journal of the Industrial Property".

2. If, pursuant to Article 34 and Title XI of the Law, the Spanish Patent and Trademark Office considers that the invention subject to the European patent application may be of interest to the national defence, it shall require the applicant so that, within one month, it will provide a translation into Spanish of the description and the claims and a copy of the drawings, if any, even if it does not contain expressions to be translated.

3. Once the documentation has been received, it will be forwarded to the Ministry of Defence so that, as soon as possible, within the deadline for the transmission of European patent applications to the European Patent Office prescribed in Rule 37.1.b) of the Regulation Implementing the Convention on the granting of European Patents (done at Munich on 5 October 1973), issue a reasoned report on whether the subject matter of the European patent application may be of interest to the national defence.

4. In the event that the Ministry of Defense considers that the invention is of interest to the national defense, it will require the Spanish Patent and Trademark Office to decree the secret processing of the same and carry out the corresponding notification to the applicant. Also, before the prescribed period referred to in the preceding paragraph, the Spanish Patent and Trademark Office shall communicate to the European Patent Office that it shall not transmit the European patent application.

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

1. In order to obtain the provisional protection referred to in Article 154 of the Law, the applicant for the European patent shall ask the Spanish Patent and Trademark Office. Such request shall involve the payment of the corresponding fee.

2. The application for interim protection shall include:

(a) The identity of the European patent applicant, as provided for in paragraph (b) of Article 2.1 of this Regulation.

(b) Where the applicant acts by means of a representative, the identity of the representative, in accordance with the provisions of paragraph (a) of Article 2.2 of this Regulation.

c) The European patent application or publication number whose provisional protection is requested.

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

e) Signature of the applicant or his/her representative.

3. The application shall be accompanied by the translation into Spanish of the claims, as well as a copy of the drawings, if any, and a translation of the expressions containing them. As regards the formal requirements of the translated claims, they shall be as set out in the Annex to this Regulation.

4. Upon receipt of the application, the Spanish Patent and Trademark Office shall examine whether the documentation submitted complies with the requirements set out in the preceding paragraphs. If the examination carried out proves any irregularity or defect, the processing shall be suspended, notifying the objections to the applicant that, within a period of two months, it shall be counted from the publication of the suspense in the Official Journal of the European Communities. "Industrial Property", subsane them or present their claims. After this deadline the request will be resolved.

5. Within one month of the date of referral of the translation or the remedying of the defects, an announcement shall be published in the 'Official Journal of Industrial Property' granting or refusing provisional protection. Also, where appropriate, a prospectus shall be edited with the claims and drawings, if any.

Article 95. Procedure for the definitive protection of the European patent.

1. Pursuant to Article 155 of the Law and within the time limit laid down in its second paragraph, the holder of a European patent wishing to obtain definitive protection in Spain must submit to the Spanish Patent and Trademark Office the translation of the European patent as it has been granted. The application for final protection shall entail the payment of the corresponding fee.

2. The application for definitive protection shall include:

(a) The identity of the European patent holder, as provided for in paragraph (b) of Article 2.1 of this Regulation.

(b) Where the holder acts by means of a representative, the identity of the representative, in accordance with the provisions of paragraph (a) of Article 2.2 of this Regulation.

c) The European patent application or publication number whose definitive protection is requested.

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

e) Signature of the holder or his representative.

3. The application shall be accompanied by the translation into Spanish of the full prospectus of the European patent as granted, as amended or limited by the European Patent Office. As regards the formal requirements of the translated prospectus (description, claims, drawings and biological sequences, if any), they shall be as set out in the Annex to this Regulation.

4. Upon receipt of the application, the Spanish Patent and Trademark Office shall examine whether the documentation submitted complies with the requirements set out in the preceding paragraphs. If the examination carried out proves to be an irregularity or defect, the processing shall be suspended, notifying the objections to the holder so that, within two months, it shall be counted from the publication of the suspense in the Official Journal of the European Union. Industrial Property ', subsane them or submit their claims. After this deadline the request will be resolved.

5. Within one month of the date of reference of the translation or the remedying of the defects, an advertisement shall be published in the Official Journal of the Industrial Property, granting or denying the definitive protection. Where appropriate, a prospectus shall be published under the same conditions and with the same content as for national patents, with the exception of the summary.

Article 96. Translation review.

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

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

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

For brochures published by the European Patent Office in respect of which the applicant or the holder has submitted a translation to the Spanish Patent and Trademark Office, in the event that the European Patent Office shall publish a correction, the applicant or holder of the European patent shall submit to the Spanish Patent and Trademark Office the corresponding correction of the prospectus translated into Spanish or an indication that This correction does not affect the European patent with effect in Spain. If the applicant or the holder does not submit the translation of the correction, the correction shall not take effect in Spain.

Article 98. Transformation 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 Patent and Trademark Office, as a national application.

2. Upon receipt of the request for conversion, the Spanish Patent and Trademark Office shall inform the applicant that, within two months of the publication of the "Official Journal of Industrial Property", this application shall be submitted to the applicant. national and pay the corresponding fees. At that time, you must choose whether you want to protect the invention by a patent or utility model.

3. The application for a patent or utility model shall be governed by the requirements and formalities laid down in the Law and this Regulation. With regard to the translation into Spanish, if the text of the European patent application had been amended in the course of the procedure before the European Patent Office, the applicant shall, within the period provided for in paragraph 1, provide above, the translation of the text in which you wish to found the concession procedure with the Spanish Patent and Trademark Office.

4. The national application resulting from the transformation of a European patent application shall maintain the filing date which would have been agreed by the European Patent Office.

CHAPTER II

Application of the Patent Cooperation Treaty (PCT)

Article 99. The Spanish Patent and Trademark Office as the receiving Office.

The international application filed with the Spanish Patent and Trademark Office as a receiving office will give rise to the payment of the transmission fee provided for in Article 163.3 of the Law. This fee must be paid within one month from the receipt of the international application by the Spanish Patent and Trademark Office. In the event of the default of the fee, it shall be carried out in accordance with the PCT Rule 16bis.

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

1. For the purposes of Article 170.2 of the Law when the international application has been published in a language other than Spanish, the applicant shall seek provisional protection from the Spanish Patent and Trademark Office. Such request shall involve the payment of the corresponding fee.

2. The application for interim protection shall include:

(a) The identity of the applicant for the international application, as provided for in paragraph (b) of Article 2.1 of this Regulation.

(b) Where the applicant acts by means of a representative, the identity of the representative, in accordance with the provisions of paragraph (a) of Article 2.2 of this Regulation.

c) The application or publication number of the international application whose interim protection is requested.

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

e) Signature of the applicant or his/her representative.

3. The application shall be accompanied by the translation into Spanish of the international application as published, as well as a copy of the drawings, if any, and a translation of the expressions contained therein. As regards the formal requirements of the translated documents, they shall be as set out in the Annex to this Regulation.

4. Upon receipt of the application, the Spanish Patent and Trademark Office shall examine whether the documentation submitted complies with the requirements set out in the preceding paragraphs. If the examination carried out proves to be an irregularity or defect, the processing shall be suspended, notifying the objections to the holder so that, within two months, it shall be counted from the publication of the suspense in the Official Journal of the European Union. Industrial Property ', subsane them or submit their claims. After this deadline the request will be resolved.

5. Within one month of the date of referral of the translation or the remedying of the defects, an announcement shall be published in the 'Official Journal of Industrial Property' granting or refusing provisional protection. Where appropriate, a prospectus shall be published under the same conditions and with the same content as for national patents.

Article 101. Processing of the international application at national stage.

1. The time limit for entry into national phase, as provided for in Article 169.1 of the Act, shall be the provisions of Articles 22 or 39 of the PCT.

2. To enter the national phase, the applicant shall submit to the Spanish Patent and Trademark Office the following documentation and information:

(a) Instance indicating that this is an international application that enters into national phase with the Spanish Patent and Trademark Office, as referred to in Article 2.2.b) of this Regulation;

b) Protection mode to be desired: patent or utility model. Only one type of protection mode may be requested for each international application.

(c) The identity of the applicant, in accordance with the provisions of paragraph (b) of Article 2.1 of this Regulation, and his representative, where appropriate, in accordance with the provisions of Article 2.2 (a) of this Regulation. Where the applicant does not agree with the applicant for the international application on the date of international submission, the transfer document shall be provided, unless the change in the person of the applicant has been carried out by the applicant. compliance with PCT Rule 92bis.

d) Any priority claims that have been indicated in the international application. If the applicant does not agree with the person listed as such in the priority application, a document containing proof of the applicant's right to claim the priority of the previous application shall be provided. It will not be necessary to provide such a test document if the petitioning of the PCT international application contains a declaration on PCT Rule 4.17.iii), which has been accepted by the competent receiving Office or by the International Bureau of the World Intellectual Property Organization. In addition, the priority fee must be paid.

e) The translation into Spanish of the international application as originally deposited and, where applicable, the modifications made under Articles 19 or 34 of the PCT. In the event that the applicant, when entering the national phase, wishes to make modifications, he/she must provide them in Spanish and attach a letter indicating the differences between the PCT international application as deposited or amended at the international stage and the changes made when entering the national phase. The reasons for these amendments must be indicated in that letter and the documents in the description, claims and, where appropriate, the drawings, in which he wishes to establish the concession procedure before the Spanish Office, must be specified. Patents and Marks.

3. In order to enter the national stage, the applicant shall, within the time limit laid down in paragraph 1, pay the application fee and, where appropriate, the rate of priority referred to in paragraph 2 (d). Where the form of protection applied for is a patent, the applicant shall also pay the fee for the implementation of the report on the state of the art provided for national patents.

4. If the Spanish Patent and Trademark Office detects any irregularity pursuant to paragraphs 1 and 2, it shall inform the applicant that, within two months of the publication of the suspense in the Official Journal of the Property "industrial", present claims or subsane the detected deficiencies, indicating that, otherwise, it will be removed from the application. The withdrawal decision shall be notified to the applicant and shall be published in the 'Official Journal of Industrial Property'.

5. Verification of compliance with the requirements of the preceding paragraphs, the international application shall be treated as a national patent application or utility model application in accordance with the provisions of the Law and this Regulation.

6. Once the national phase has started, it will be examined whether the fees referred to in paragraph 3 have been paid. If the non-payment of the fees or the insufficient payment is detected, the applicant shall be notified to make or complete the payment within one month of the publication of the defect in the "Official Journal of Industrial Property", with an indication that if the application does not do so, the application shall be withdrawn. The withdrawal decision shall be notified to the applicant and shall be published in the 'Official Journal of Industrial Property'.

7. The defects in paragraphs 1 to 3 of this Article may be communicated to the applicant together by means of a single notification, giving a common period of two months from the time of notification for the purpose of the sub-healing, the request shall be withdrawn if the request is not made.

8. Where, in accordance with the provisions of Article 17.3 of the PCT, the international search report has not been carried out more than in relation to one or more claims, the international application for the requirement of a unit of The Spanish Patent and Trademark Office will examine whether the invitation made to the applicant by the International Search Administration to pay the additional fees was justified. If the Spanish Patent and Trademark Office considers that the requirement was justified, it shall proceed as provided for in the Patent Law and this Regulation for those applications that do not comply with the requirement of the unit of invention. If, on the other hand, the Spanish Patent and Trademark Office considers that there was a unit of invention, the search for the unsought claims will be carried out and a report on the state of the art and a written opinion will be issued.

TITLE IX

Claim of the right to patent

Article 102. Firmness of the ruling and resumption of proceedings.

Duly notified of the firmness of the judgment or of the resolution that puts an end to the procedure for the disesteem of the demand referred to in Article 11 of the Law, the Spanish Patent and Trademark Office will publish in the "Official Industrial Property Bulletin" the dismissal of the claim, shall lift the suspension of the procedure and shall resume the concession procedure.

Article 103. Firmness of the judgment and options of the entitled holder.

1. Once duly notified, the firmness of the judgment or of the judgment that puts an end to the procedure by which the application referred to in Article 11 of the Law is considered, and provided that the patent has not become granted The actor must still choose one of the options in Article 11 (1) within three months of the decision. After three months without the actor having communicated his choice, he shall be deemed to require that the patent application be refused. In this case the Spanish Patent and Trademark Office shall be in accordance with paragraph 4 of this Article.

2. If the actor chooses to continue the procedure relating to the application by subrogating to the applicant's position:

(a) Where the Judge has not agreed to suspend the concession procedure, the procedure shall continue with the new applicant for the appropriate procedure;

b) when the Judge has agreed to suspend the concession procedure, the suspension will be without effect and the Spanish Patent and Trademark Office will publish in the "Official Journal of Industrial Property" the resumption of the concession procedure with the new applicant for the appropriate procedure.

3. If the actor chooses to submit a new patent application for the same invention, the new application, in application of the provisions of Article 26.3 of the Law, shall maintain the date of filing of the original application, in so far as its object was already contained in that request. From the date of deposit of the new application, the original application shall be deemed to be withdrawn.

The actor will retain this right to file a new patent application, without prejudice that the original patent application would have been denied, withdrawn or considered withdrawn.

4. If the actor chooses to request that the application be denied, the Spanish Patent and Trademark Office will decide to refuse and publish the resolution in the "Official Industrial Property Bulletin."

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

Article 11 of the Law and Articles 102 and 103 of this Regulation shall apply, mutatis mutandis, when the court decision declares that the actor is only entitled to obtain the patent as the co-owner of the application for patent.

TITLE X

Of Rates

Article 105. Article 186 (1) reduction of the Law.

1. Entrepreneurs who, having the status of a natural person or a small and medium-sized enterprise, apply for a patent or utility model, must ask the Spanish Patent and Trademark Office to recognize the right to reduce fees. provided for in Article 186 of the Law. Together with the request, they will have to provide the documents proving, by any means recognised in law, that the applicant complies with the definition of entrepreneur established in Law 14/2013 of 27 September, supporting the entrepreneurs and their internationalisation and the definition of small and medium-sized enterprises adopted by Recommendation 2003 /361/EC of the European Commission of 6 May on the definition of micro, small and medium-sized enterprises.

2. If any irregularity is detected or any documentation is missing, the defects observed shall be notified to the applicant so that within two months of the publication of the suspense in the "Official Journal of the Property" Industrial ', the subsane or present its claims. After this deadline, the application for recognition of the right to the reduction of fees shall be settled.

3. As long as the decision is taken, the provisional processing of the patent file or utility model shall be carried out, with the applicant paying 50% of the fees payable and written by the Spanish Patent and Trademark Office. the payment made.

4. The decision on recognition of the right to a reduction of fees shall be notified to the applicant and published in the Official Journal of Industrial Property. In the event of refusal, a period of 10 days shall be granted to the person concerned to satisfy the total amount of the fees payable, with the indication that the application shall not be withdrawn if this is not done.

5. In the case of a resolution recognising the right, the file shall be processed by means of a record of the amounts which are payable and are being satisfied in each administrative act.

Article 106. Fee bonus to Public Universities.

1. In the event that a public university wishes to benefit from the one hundred per cent bonus of the fees referred to in paragraph 2 of the additional provision of the Law, that refund must be applied for the Spanish Patent and Trademark Office.

2. The procedure and conditions for the application for repayment shall be those provided for in Articles 124 et seq. of Law 58/2003 of 17 December 2003, General Tax and its Implementing Regulation. Also, together with the application for repayment, the applicant must prove that the invention is the subject of the patent, the utility model or the supplementary protection certificate or its extension in respect of which the refund is requested. Rates are being economically exploited in a real and effective way. The means of proof shall be those admitted in law.

3. Those fees payable after the recognition of the right to repayment must be paid by 50% in accordance with the provisions of paragraph 1 of the additional provision of the Law, without prejudice to the the one hundred per cent bonus can be applied for. For this purpose, the refund of the subscriber shall be requested in the manner provided for in the preceding paragraph, providing a responsible statement of the holder that the invention is the subject of the patent, the utility model or the complementary certificate of protection or its continued extension being exploited.

TITLE XI

Representation to the Spanish Patent and Trademark Office

Article 107. Representation in the field of inventions.

Except as provided for in Article 175.2 of the Law, no one will have any obligation to be represented before the Spanish Patent and Trademark Office. However, those who are parties to proceedings before the Spanish Patent and Trademark Office in which they act by themselves and are not registered in Spain shall, for the purposes of notifications, designate a postal address in Spain or, alternatively, indicate that the notifications are addressed to them by any other technical means of communication available to the Office.

Article 108. Accreditation of representation in inventions.

1. No representation power shall be required, except in the following cases:

a) In case of reasonable doubt about the right to act of the representative.

(b) Where an appointment occurs or any document is filed by a representative not indicated on the date of filing in the patent application, utility model or supplementary protection certificate or their extension.

c) When applying for the registration of an assignment, name change, license, or other legal business.

d) When requesting the registration of a waiver, withdrawal, limitation or revocation.

e) When an opposition to a utility model application or patent is filed.

2. For those cases in which the representation is to be accredited, the representatives must present to the Spanish Patent and Trademark Office the corresponding power signed by the person concerned for inclusion in the file. The power may be granted for one or more applications or for one or more records identified in the power. A general power may be submitted to the representative to act in respect of all the formalities relating to patents, utility models, supplementary protection certificates or their extensions of the power.

3. When the designation of a representative is communicated to the Spanish Patent and Trademark Office, the corresponding power must be submitted within two months of the date of such communication or two months from the publication of the Notice in the "Official Journal of Industrial Property", applying the deadline that expires later. In the event that no power is presented within the prescribed time limits, the procedure shall continue with the represented. Acts carried out by the non-accredited representative, with the exception of the filing of the application for a patent, a utility model or a supplementary protection certificate or extension thereof, shall be without effect if they are not confirmed by the representative within the time limits laid down. All without prejudice to the provisions of the first paragraph of this Article.

4. Any representative who, for any reason, ceases to be a proxy shall continue to be considered as such until the termination of his power has been communicated to the Spanish Patent and Trademark Office.

5. Unless the power itself provides otherwise, its extinction by the passing of the power shall not prevent the proxy from making the acts of conservation, defence and maintenance of the applications before the Spanish Patent and Trademark Office. records of the power that are essential until the granting of a new power or the designation of a new proxy by the heirs of that person or the personal appearance of the latter.

Article 109. Aptitude test.

1. In order to carry out the aptitude test referred to in Article 177.1.e of the Law, the Director of the Spanish Patent and Trademark Office shall carry out the corresponding public calls each year, with the possibility of increasing such time as not more than two years, for duly justified reasons.

2. The basis of the calls shall govern the procedure for access to the tests and the procedure for their performance and qualification, in accordance with the following guidelines:

(a) The aptitude test shall be intended to assess whether the applicant has the knowledge necessary to carry out the professional activity defined in Article 176.1 of the Law, in particular if the applicant has a a sufficiently broad knowledge of national and international rules governing and affecting industrial property and whether it is familiar with the handling of such knowledge, to apply it under the conditions normally set out in the Agent of the Industrial Property during the exercise of his profession, including the knowledge of foreign languages.

(b) The examination shall consist of theoretical, practical and foreign-language tests, all of which shall be carried out on an individual basis, on the basis of the programme to be made public together with the call.

3. The qualifying court shall be appointed in the call and shall be composed of an odd number of members, not less than five, and shall also be appointed to the alternate members. The members of the court shall be appointed among specialists in industrial property who have a degree equal to or greater than that required by article 177.1.d) of the Law. The development and qualification of the selective tests in accordance with the basis of the call shall be the responsibility of the court. In the respective calls, it may be determined that the accreditation of the university master comprising modules, subjects or competences related to industrial property shall increase the qualification obtained in the corresponding theoretical test of the aptitude test by twenty-five per cent of the maximum possible score assigned to the theoretical tests for applicants who have exceeded the relevant exercise.

4. The qualifying court shall raise the Director of the Spanish Patent and Trademark Office on the list of applicants who have passed the aptitude test. The Director of the Spanish Patent and Trademark Office shall give appropriate publicity to the list of approved applicants and issue the corresponding certificates of aptitude, proof of the requirement laid down in Article 177.1.e) of the Law.

Article 110. Exercise of the professional activity and Special Register of Agents of Industrial Property.

1. In order to initiate the activity of the Agent of Industrial Property it will be necessary to have previously presented to the Spanish Patent and Trademark Office a responsible statement in which the interested parties manifest, under their responsibility, which fulfil all the requirements laid down in Article 177 of the Law, which have the supporting documentation, which are not subject to the incompatibilities of Article 178 of the same legal body and which are maintain their compliance as long as they do not produce their low in the activity, by any of the circumstances provided for in Article 180 of the Act.

2. The responsible declaration enables for the exercise of the activity, from its presentation, throughout the national territory and for an indefinite period. Once the responsible declaration has been received, the Spanish Patent and Trademark Office will proceed to the registration of the Agent of Industrial Property in the Special Register of Agents of Industrial Property. If the responsible declaration has any defect, the Spanish Patent and Trademark Office shall require the person concerned to subsane it within a period of 10 days, indicating that, if he does not do so, the declaration shall not be lodged. responsible.

3. The submission of evidence of compliance with the requirements together with the responsible statement may not be required. However, this documentation must be available for submission to the Spanish Patent and Trademark Office when it so requires.

For the purposes of crediting compliance with the requirements laid down by the current rules, documents from another Member State of the European Union from which they are released shall be accepted in respect of such requirements in the the terms provided for in Article 17.2 of Law 17/2009 of 23 November on the free access to and pursuit of the activities of services.

Article 111. Registration of Professional Societies in the Special Register of Agents of Industrial Property.

1. For the purposes of Article 176 of the Law, in order for a legal person to obtain the registration in the Special Register of Agents of the Spanish Patent and Trademark Office, the responsible statement to be held shall contain the following: data:

(a) Name of the legal person, number of tax identification, registered office, registered office for the purposes of notifications, indication that the legal person is registered as a Professional Society as well as the data of the partner Agent of the Industrial Property exercised.

(b) The filing of the application for registration, which entails the payment of the corresponding fee, must be signed by the person holding the representation of the professional company.

2. If the Spanish Patent and Trademark Office detects the lack of any requirement, it will inform the applicant of the registration, giving a period of ten days for its cure and indicating that otherwise the application for registration will be Withdrawal.

3. For appropriate registration purposes, the Professional Society shall communicate to the Spanish Patent and Trademark Office any changes in the status of its Industrial Property Agent partner and in its social name.

Article 112. Employees and assistants of representatives.

1. In their performance with the Spanish Patent and Trademark Office, the representatives are those natural or legal persons who may be employed or auxiliary, who under their management, supervision and responsibility carry out the material operations. its own management, such as payment of fees, presentation of documents, personation for the collection of official communications, withdrawal of certificates or other similar documents, to which the corresponding authorization and supporting documents shall be submitted the rate that comes with it.

2. To be employed or auxiliary of a representative it will be required to have reached the age majority and not to be incourseable in the incompatibilities established for these.

3. Representatives shall communicate to the Office any modification or termination of the effects of the authorisations granted to their employees or auxiliaries.

Article 113. Freedom to provide services in the European Union.

Industrial Property Agents established in another Member State of the European Union, who temporarily provide their services in Spain, must comply with the rules on access and exercise of the profession approved by the Royal Decree 1837/2008 of 8 November incorporating Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2006 and Directive 2006 /100/EC of the Council of 20 November 2006 on the Spanish legal system the recognition of professional qualifications as well as certain aspects of exercise of the profession of lawyer and the legislation that develops it, and must submit a prior declaration according to the model approved by the Spanish Patent and Trademark Office, which must be renewed annually in the event of continued delivery service time.

Article 114. Delegation of the representation.

1. The Agents of Industrial Property may delegate their representation to another Agent of Industrial Property, but in this case the Agent of the Industrial Property must always use the forefirm: " By the Agent of Industrial Property. Don/Dona ...... ", stating the registration number in the Register of both. In cases where a replacement is involved, in accordance with the provisions of this paragraph, his/her liability shall be affected in conjunction with that of the replaced Industrial Property Agent.

2. The Agents of Industrial Property may not intervene by delegation in those cases in which they are a party, bearing another representation whose interests are different. Where this occurs, the course of the file shall be suspended and notified directly to the representative, giving him a period of 15 days to be personified or, where appropriate, to appoint another Agent of the Industrial Property who represents.

3. All the provisions of the previous ordinals shall apply when a legal person entered in the Special Register of Industrial Property Agents intervenes in the delegation.

Article 115. Continuing training on industrial property.

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

Additional disposition first. Procedure of procedures.

In accordance with the additional provision of the Act, the procedures covered by this Regulation shall be governed by its specific rules and, as otherwise provided for by the provisions of Law 39/2015, of 1 of the Common Administrative Procedure of the Public Administrations. In particular, the decisions given in the proceedings of this Regulation shall be subject to appeal in accordance with the provisions of that Law No 39/2015 of 1 October, with the exception of the maximum time limit for the resolution of the assets of the the one set out in the ministerial order for maximum time limits.

Additional provision second. Official models and presentation.

1. Applications and other documents shall be submitted in the official models established by the Spanish Patent and Trademark Office. These models will be available to citizens at the electronic headquarters of the Spanish Patent and Trademark Office. In any event, the standard international forms to be established by the Assembly of the Patent Law Treaty under Rule 20 of its Rules of Procedure shall be accepted.

2. By Resolution of the Director of the Spanish Patent and Trademark Office, the formal and technical requirements for electronic filing of any kind of application and other documents in accordance with Article 22.3 of the Law.

3. They shall be obliged to engage with the Spanish Patent and Trademark Office through electronic means the Industrial Property Agents referred to in Article 176 of the Law, as well as legal persons.

4. Any application for any of the procedures covered by this Regulation may be submitted in the places and means provided for in Article 22 of the Law.

Additional provision third. Digital libraries accepted by the Spanish Patent and Trademark Office.

For the purposes of this Regulation, the Spanish Patent and Trademark Office shall make accessible to the public a list of the digital libraries accepted by it. This list shall be included in the electronic seat of the autonomous body.

Additional provision fourth. Issue of certifications and authorized copies in electronic form.

By Resolution of the Director of the Spanish Patent and Trademark Office, the conditions under which the certifications and copies authorized in all forms of industrial property are issued in the form of a electronic. The conditions for authorised copies to be made available in those accepted digital libraries in which the Spanish Patent and Trademark Office is involved will also be established.

In all other matters, the proof of any other end related to the registered rights shall be governed by the general rules, in particular the provisions of the seventh additional provision of Law 20/2003, of July 7, of Protection Legal of Industrial Design and the Law of Civil Procedure, without the simple reports issued by the Office in the course of the concession procedures or in order to fulfill its promotional services, without the possibility of being considered pericial evidence, information and technological development.

Additional provision fifth. Expert report of the Spanish Patent and Trademark Office under article 120.7 of the Law.

1. The report referred to in Article 120.7 of the Law shall be made by the person designated in the Department of Patents and its contents shall be limited to those specific ends on which the Judge or the Court is required to do so. The report shall be issued within one month after the person appointed to carry out the report receives the relevant request and documentation on which the report has to be issued and, where appropriate, the fee is fully paid.

2. If the report is requested at the request of a party, the corresponding fee must be paid. If the fee has not been paid or has not been paid in full, the applicant shall be granted a period of 10 days from the publication of non-payment in the Official Journal of the Industrial Property for his/her credit, indicating that failure to do so will result in the withdrawal of the request.

Additional provision sixth. Out-of-court settlement of disputes.

1. For the purposes of Article 136 of the Law, persons, including officials of the Spanish Patent Office and Macas, may be arbitrators and mediators, who comply with the requirements laid down in Law 60/2003, 23 of December, in the case of Arbitration and Law 5/2012 of 6 July, of mediation in civil and commercial matters, and which also demonstrate a minimum experience of five years in the field of Industrial Property.

2. The Spanish Patent and Trademark Office may conclude agreements with national, European or international organizations with expertise in arbitration and mediation for the organization and intervention in the out-of-court settlement of disputes in the field. Industrial Property.

ANNEX

Formal patent application requirements

1. Page layout

a) Format: A4

b) Margins:

-Superior: 35 mm.

-Right: 25 mm.

-Lower: 20 mm.

-Left: 25 mm.

c) Number of pages: they will need to be numbered correlatively and will start on page 2, below and centered.

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

2. Paragraph and source:

a) Type of letter: Arial 11. In the case of translation of claims for European patent applications or European patent prospectus, the typeface shall be Arial 9.

b) Interlinear: 1.5. In the case of the translation of claims for European patent applications or the European patent prospectus, the interlining shall be a space.

c) Spacing: a blank line between paragraphs.

d) The indentation will not be used between paragraphs. However, if groups or sub-groups are listed (a), (b), (c), etc., if they are allowed to be bleeds and tabulations.

3. Content of documents:

a) Each part of the request will be started on a new page with the words DESCRIPTION, CLAIMS (centered, uppercase, and bold) and, if any, DRAWINGS AND SEQUENCE LIST, SUMMARY.

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

c) The sheets of the drawings shall not contain a frame around their useful surface or around the surface used.

d) Drawings must be executed on lines and strokes, black or color, and well delimited.

e) The cuts shall be indicated by oblique lines that do not prevent easy reading of the reference signs and guidelines.

f) The scale of the drawings and the clarity of their graphic execution must be such that a photographic reproduction carried out with linear reduction to two thirds allows to distinguish without difficulty all the details. Where, in exceptional cases, the scale of a drawing is shown graphically.

g) All figures, letters and reference signs that appear in the drawings must be simple and clear. Parentheses, circles, or quotation marks cannot be used in combination with numbers and letters.

h) All lines of the drawings must be, as far as possible, drawn with the help of technical drawing instruments.

i) The elements of the same figure must keep the appropriate proportion between them, unless a difference of proportion is indispensable for the clarity of the figure.

j) A single sheet of the drawings may contain several figures, although all of them must have the same orientation, vertical or horizontal. When figures drawn on several sheets are intended to form a single figure of the set of them, they must be so arranged that the figure of the assembly can be composed without any part of the figures being hidden. on the different sheets.

k) The different figures must be arranged, preferably vertically, on one or more sheets, clearly separated from each other, but without any missing spaces; when the figures are not vertically arranged, they must present horizontally, placing the top of the figures on the left side of the sheet.

l) Figures must be numbered consecutively in Arabic figures, regardless of the numbering of the sheets.

m) Reference signs may be used for drawings only if they are listed in the description and in the claims and vice versa. The reference signs of the same elements must be identical in the entire request.

n) Drawings must not contain any text, except for brief indications required, such as "water", "steam", "open", "closed", "cut according to AB" and, in the case of schemes of electrical circuits, of diagrams schematics of installation and diagrams scheming the stages of a process, the key words indispensable for their understanding. These words must be placed in such a way that they can be replaced by their eventual translation without any line of the drawings being plugged.

n) Formatter in relation to the lists of amino acid sequences and nucleic acids: the ST standards, which in this sense have been published by WIPO, will apply.

o) The units of weight and measure shall be expressed according to the metric system; if another system is used, they must also be expressed in accordance with the metric system. Temperatures shall be expressed in degrees Celsius; if another system is used, they shall also be expressed in degrees Celsius. For other physical units, the units of international practice must be used; for mathematical formulae, symbols of general use, and for chemical formulae, symbols, atomic weights and molecular formulae used usually.

p) The terminology and signs of the patent application must be uniform.

q) The sheets must not contain corrections, attachments or interlineations.