Law 24/2015, Of 24 July, Patent.

Original Language Title: Ley 24/2015, de 24 de julio, de Patentes.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8328

FELIPE VI


KING OF SPAIN
To all who see and hear.

Know: that the Parliament has approved and I hereby sanction the following law.

Preamble.

Title I. Preliminary provisions.

Article 1. Purpose of the Act.

Article 2. Patent Register.

Article 3. Legitimacy.

Title II. Patentability.

Article 4. patentable inventions.

Article 5. Exceptions to patentability.

Article 6. New.
Article 7. Disclosures
harmless.

Article 8. Inventive.

Article 9. Industrial application.

Title III. Right to the patent and designation of the inventor.

Article 10. Right to patent.

Article 11. Patent Application by person not entitled.

Article 12. Claiming ownership.

Article 13. Effect of change of ownership.

Article 14. Designation of the inventor.

Title IV. Inventions made in the context of an employment relationship or service.

Article 15. Inventions belonging to the employer.

Article 16. Inventions belonging to the employee or service provider.

Article 17. Inventions assumable by the employer.

Article 18. Duty of information and exercise of rights by the employer and the worker.

Article 19. Burden of proof and waiver of rights.

Article 20. Scope.

Article 21. Inventions made by the research staff of public universities and public research bodies.

Title V. Application and granting procedure.

Chapter I. Presentation and requirements of the patent application.

Article 22. Submission of application.

Article 23. Application requirements.

Article 24. Date of filing.

Article 25. Designation of the inventor.

Article 26. Unity of invention.

Article 27. Description of the Invention.

Article 28. Claims.

Article 29. Summary.
Article 30. Priority
.

Article 31. Claiming priority.

Chapter II. Concession procedure.

Article 32. Receipt of the application and referral to the SPTO.

Article 33. Establishing filing date and admissibility.

Article 34. Patents of interest for national defense.

Article 35. Examination of trade.

Article 36. Issuance of the report on the state of the art and the written opinion.

Article 37. Publication of the application and the report.

Article 38 Observations by third parties.

Article 39. Substantive Examination.

Article 40. Processing and resolution.

Article 41. Announcement of the grant and publication of the patent.
Article 42.
editing a brochure of the patent.

Chapter III. Oppositions and resources.

Article 43. Oppositions.

Article 44. Resources.

Chapter IV. supplementary protection certificates for medicinal and plant protection products.

Article 45. Applications.

Article 46. Processing.

Article 47. Maintenance.
Chapter V.
common to all procedures and information of third parties Provisions.

Article 48. Modifications.

Article 49. Rectification of errors.

Article 50. Suspension of proceedings.

Article 51. Change mode.

Article 52. Withdrawal of the application.

Article 53. Restoration of rights.

Article 54. Revision of the acts in administrative and contentious-administrative authority.

Article 55. Inspection of files.

Article 56. Accessibility of biological matter.

Article 57. Obligation to provide information to third parties.

Title VI. Effects of the patent and patent application.

Article 58. Duration and calculation of effects.

Article 59. Prohibition of direct use of the invention.

Article 60. Prohibition of indirect use of the invention.

Article 61. General Limits and exhaustion of patent rights.

Article 62. Exceptions rancher and farmer.

Article 63. Rights derived from previous use.

Article 64. Failure to hedge against previous patents.

Article 65. Dependent Patents.

Article 66. Legal limitations.

Article 67. Provisional Protection.

Article 68. Scope of protection.

Article 69. Scope of protection in process patents.

Title VII. Shares for violation of patent rights.

Article 70. Defense of law.


Article 71. Civil actions.

Article 72. Estimates of compensation for damages.

Article 73. Exhibition of documents for the calculation of compensation.

Article 74. Calculation of damages and compensation coercive.

Article 75. Incidence of commercial profits.

Article 76. Severance disrepute.

Article 77. Deduction of compensation already received.

Article 78. Limitation of actions and limit the exercise of the shares.

Title VIII. The patent application and patents as objects of property rights.
Chapter I.
registration, joint ownership and expropriation.

Article 79. Registration in the Register of Patents.

Article 80. Joint Ownership.

Article 81. Expropriation.

Chapter II. Transfers, licenses and encumbrances.

Article 82. General principles.

Article 83 Contractual licensing.

Article 84. Technical knowledge.

Article 85. Liability of the transferor and the licensor.

Article 86. Third Party Liability.

Chapter III. Licenses of right.

Article 87. Licenses of right.
Article 88. Offering
licenses of right.

Article 89. Licensing of right.

Title IX. Obligation to work and compulsory licenses.

Chapter I. Obligation to exploit the invention and requirements for compulsory licensing.

Article 90. Obligation to explode.

Article 91. Cases of compulsory licensing.

Article 92. Compulsory licenses for lack or insufficiency of exploitation.

Article 93. Compulsory cross-licensing.

Article 94. Compulsory licenses to remedy anti-competitive practices.

Article 95. Compulsory licenses on grounds of public interest.
Article 96.
mandatory for the manufacture of medicinal products intended for countries with public health problems Licenses.

Chapter II. Procedure for granting compulsory licenses.

Article 97. Justification previous license applicant.

Article 98. Application for the license.

Article 99. Processing and resolution.

Chapter III. Compulsory licensing regime.

Article 100. Features of compulsory licensing.

Article 101. Assignment, modification and cancellation of compulsory licensing.

Title X. Annulment, revocation and expiration of the patent.

Chapter I. Nullity.

Article 102. Grounds for invalidity.

Article 103. Exercise of the nullity action.

Article 104. Effects of the declaration of nullity.

Chapter II. Revocation or limitation on application by the patentee.

Article 105. Petition for revocation or limitation.

Article 106. Procedure.

Article 107. Effect of revocation or limitation.

Chapter III. Expiration.

Article 108. Grounds for revocation.

Article 109. Termination for nonpayment in due time of an annuity.

Article 110. Waiver.

Title XI. Patents of interest for national defense.

Article 111. Subjection to secrecy.

Article 112. Processing.

Article 113. Maintaining the secrecy regime.

Article 114. Annuity and compensation.

Article 115. Requests abroad.

Title XII. Jurisdiction and procedural rules.

Chapter I. General Provisions.

Article 116. Jurisdiction.

Article 117. Legitimacy to exercise actions.

Article 118. Competition.

Article 119. Time limits on patent litigation.

Article 120. Invalidity of the patent actor.

Article 121. Action negatoria.

Article 122. Treatment of confidential information.

Chapter II. Fact-finding proceedings.

Article 123. Petition of the proceedings.

Article 124. Practice of the proceedings.

Article 125. Certifications and copies of the proceedings.

Article 126. Compensation of the affected part.

Chapter III. Precautionary measures.

Article 127. Request for precautionary measures.

Article 128. Possible precautionary measures.

Article 129. Bonds.

Article 130. Precautionary measures in case of appeal.

Article 131. Lifting of the precautionary measures.

Article 132. Preventive Writings.

Chapter IV. court settlement of disputes.

Article 133. Conciliation concerning inventions of employees.


Article 134. Conciliation Commission.

Article 135. Proposed agreement and compliance.

Article 136. Arbitration and mediation.

Title XIII. Utility models.

Chapter I. Purpose and protection requirements.

Article 137. Inventions can be protected as utility models.

Article 138. Right to protection.

Article 139. State of the art.

Article 140. Inventive.

Chapter II. Application and granting procedure.

Article 141. Presentation and content of the application.

Article 142. Assignment date of submission and consideration of trade.

Article 143. Publication of the application.

Article 144. Oppositions to the application.

Article 145. Procedure and resolution.

Article 146. Resources.

Article 147. Publication of the amendments.

Chapter III. Effects of the concession.

Article 148. Content of right and exercising actions.

Article 149. Nullity.

Article 150. Implementation of the provisions on patents.

Title XIV. Implementation of international agreements.

Chapter I. Presentation and effects of European patent applications and European patents in Spain.

Article 151. Scope.

Article 152. Presentation of European patent applications.

Article 153. Value of European patent application and European patent.

Article 154. Rights conferred by a European patent application published.

Article 155. Translation and publication of the European patent.

Article 156. Register of European Patents.
Article 157.
reliable text of European patent application and European patent.

Article 158. Transformation of the European patent application in national patent application.

Article 159. Transformation of the European patent application on utility model application.

Article 160. Prohibition of double protection.

Article 161. Annuities.

Chapter II. Application of the Patent Cooperation Treaty.

Section 1 Scope and international applications filed in Spain.

Article 162. Scope.

Article 163. The Spanish Patent and Trademark Office as receiving Office.

Article 164. Conversion of international applications.

Article 165. Claiming priority of an earlier filing in Spain.

Article 166. Extension of deadlines for the payment of fees.
Section 2
International applications designating or electing to Spain.

Article 167. Performance of the Spanish Patent and Trademark Office as a designated or elected Office.

Article 168. Filing date and effects of the international application.

Article 169. Processing of the international application.

Article 170. Publication of the international application.

Article 171. Review by the Spanish Patent and Trademark Office.

Article 172. Effects of a patent granted on the basis of an international application.

Article 173. Effects of the grant of a patent based on an international application for a patent based on a national application.

Article 174. The Spanish Administration Office as International Search and Preliminary Examination.

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

Article 175. Capacity and representation.

Article 176. Agents of Industrial Property.

Article 177. Access to the profession of Industrial Property Agent.

Article 178. Incompatibilities.

Article 179. Exercise of professional activity and Special Agents Registration Office and the Spanish Patent and Trademark Office.

Article 180. Termination of authorization to pursue the activity of professional representation.

Community Article 181. Freedom to provide services and information obligations.

Title XVI. Taxes and annuities.

Article 182. Fees.

Article 183. Refund of fees.

Article 184. Annuity and maintenance fee.

Article 185. Fees.

Article 186. Reduction of rates.

First additional provision. legal regime of procedures.

Second additional provision. maximum terms of resolution procedures Industrial Property.

Third additional provision. preferred processing applications.

Fourth additional provision. Fees for the performance of the Spanish Patent and Trademark Office under the Patent Cooperation Treaty (PCT).


Fifth additional provision. Advertising requests and resolutions and inspection of files.

Sixth additional provision. Accelerated grant programs.

Seventh additional provision. Coordination with the competent bodies of the Autonomous Communities.

Eighth additional provision. Telematic communications Courts.

Ninth additional provision. Exercise of actions based on securities whose concession is not firm in administrative proceedings.

Tenth additional provision. Application of the system of fees for obtaining and maintaining of securities under this Act.

First transitional provision. Transitional arrangements for the procedures.

Second transitional provision. Securities regulations applicable to the protection of inventions granted under the previous legislation.

Third transitory provision. Taxes and annuities.

Fourth transitional provision. Disclosures harmless.

Fifth transitional provision. Application of the system of exploitation and transfer of inventions made by public research bodies.

Sixth transitional provision. prosecution.

Single derogatory provision. Repeal legislation.

First final provision. Amendment of Act of 16 December 1954 on chattel mortgage and nonpossessory garment.

Second final provision. Amendment of Law 17/1975 of 2 May on the establishment of the Autonomous Industrial Property Registry.

Final disposition third. Amendment of Law 17/2001 of 7 December, of Marks.

Fourth final provision. Amendment of Law 20/2003 of 7 July, on Legal Protection of Industrial Design.

Final provision fifth. Amendment of Law 2/2014 of 25 March of Action and the State Foreign Service.

Sixth final provision. competential title.

Seventh final provision. Development Act.

Eighth final provision. Saving clause.

Ninth final provision. Entry into force.

Annex.
PREAMBLE


I

The Law 11/1986, of March 20, Patent assumed at the time the complete reform of our patent system in the context of the entry of Spain into the European Economic Community (EEC), which included a chapter on negotiation matter, and accession to the Convention on the grant of European Patent done at Munich on October 5, 1973, that took place in that year of 1986.

The strength and flexibility of the Patents Act has allowed, over its three decades of existence, combining the stability of its regulatory framework with the necessary changes to accommodate promptly Community and international developments in this sector order without a new law is necessary, sufficing with partial reforms of its articles.

Examples of this adaptive evolution were the Law 10/2002 of 29 April amending Law 11/1986 of 20 March on Patents, for the incorporation into Spanish law amending Directive 98 / 44 / EC of the European Parliament and of the Council of 6 July on the legal protection of biotechnological inventions, and the Law 19/2006 of June 5th, by the means of enforcing rights are extended intellectual property and procedural rules for facilitating the implementation of various EU regulations, plus many other minor changes, affecting both the Act and its subsequent regulatory development.

This however, a general update of the rules for this time, given the number of precepts affected and is necessary from the experience gained in applying the law to a reality that has changed substantially since 1986, nature of the changes, not just a simple partial reform as to date.


Internationally several factors have contributed to the change. One is the shift from national grant procedures to international and growth in number and proportion of patents processed through the latter. In 1986 all patents were granted by national route. Today more than 90 percent of patents with effect in Spain are the European Patent Office (EPO), and our country can be appointed or elected in international applications under the Patent Cooperation Treaty, done in Washington on June 19, 1970 (better known by its acronym PCT) and is also the Spanish Patent and Trademark Office (SPTO) Administration international search and Preliminary Examination under that Treaty.

Another factor of change associated with the decisive role of innovation and international trade support in an increasingly globalized economy, it was the integration of Industrial Property, through the Agreement on Aspects of Intellectual Property Rights Related Trade (TRIPS) under the Agreement establishing the World Trade Organization (WTO), made in Marrakesh on April 15, 1994, to which Spain acceded set on 1 January 1995. || |
We must also have the further development of patent law in the European Union, materialized so far in the directive on the protection of biotechnological inventions, and the creation of supplementary protection certificates for drugs and for plant protection products (CCP). This regulatory framework must be added the Treaty on patent law, done at Geneva on June 1, 2000 (also known by its acronym, PLT), ratified by Spain in 2013, which aims to facilitate the processing and avoid unintentional loss of rights for formal reasons.

The reform aims addressed now, in this new context, to adapt the legal framework to current needs and facilitate the rapid attainment of solid titles for Spanish innovative, major users of the system, since the patents granted by national route they are of Spanish origin in more than 95 percent. Utility models in the percentage is similar.

So one of the reasons of this update, in line with the objectives set by Law 2/2011 of March 4, Sustainable Economy and Law 14/2011, of 1 June, Science, Technology and innovation, is to simplify and streamline the protection of innovation through patents and to enhance legal certainty, establishing as a single system for granting patents the preliminary examination of novelty and inventive step, whose gradual implementation was initially it provided for in the Patents Act 1986, therefore, the current optional system or "a la carte", introduced in the reform carried out by the Royal Decree law 8/1998, of 31 July, of measures is eliminated urgent on industrial property.

Figure utility model also changes in material respects, such as determining the state of the relevant art, the type of inventions that can be protected under this modality and conditions to bring an action in defense of the right arising this degree of protection.

As for certificates of addition, which could be requested during the legal life of the patent, just it is reflected today in the European comparative law. With few exceptions isolation in surrounding countries it is not considered as necessary to regulate some bonds accessories that may be requested throughout the legal life of the patent and do not require inventive step towards the object of the main patent, primarily because such improvements are within the scope of protection of equivalents of matrix invention.

Besides regulating the internal priority allows for a period subsequent enhanced applications and makes maintaining a superfluous otherwise marginal figure, which has been little used by the holders of patents in force presentation. For these reasons are removed from the regulation contained in Title X of the former Act.


Those provisions are also updated to calls in the Patents Act 1986 "employee inventions" and included other on the CCP, compulsory licensing, proceedings for revocation, limitation and expiration, access to professional representation and their exercise in the framework of the implementation of Directive 2006/123 / EC of the European Parliament and of the Council of 12 December on services in the internal market. Also consolidates in the Law, as is usual in comparative law, the basic rules for applying the European and international routes protection of inventions, contained in separate regulations after the Law of 1986. All these aspects be referred to in paragraphs after this introduction which follows the systematic expository Act.

Finally, for the sake of clarity and regulatory simplification was necessary to update provisions that referred to repealed provisions and eliminate others that no longer make sense to disappear the circumstances that justified in his day, download Act rules may take the rules, giving the whole greater adaptive flexibility and set the new text to the current criteria that impose the labeling of articles.

It is obvious that this overhaul can not be addressed from a single partial reform that adds to earlier. a new legal text need to maintain essentially the structure of the former regulatory framework, incorporating these amendments in accordance with the current guidelines of technical standards for clarity and systematic coherence of the regulation.


II
In the preliminary provisions of Title I the registration unit in relation to the principle of market unity and national coverage of securities, including supplementary protection certificates for medicinal and plant protection products include establishing, and standing to request them following the open for community titles for their respective building regulations, which recognize the natural or legal persons including public law entities criterion is extended.

Title II on patentability, incorporating the amendments adopted for European patents after the Act Revising the Convention on the Grant of European Patent (EPC), made in Munich on November 29, 2000, by making explicit the possibility patentability of substances or compositions already known for use as a medicine or for new therapeutic applications. As for the methods of surgical, therapeutic and diagnostic treatment will still excluded from patent protection under the same circumstances in which they were before, but without recourse to the fiction of their lack of industrial application.

For clarity, by defining the state of the art express reference to previous European patent applications designating Spain is among interference, and have been published in Spanish and international PCT national phase entering in Spain , also they not explicitly mentioned in the previous law, because, when it was enacted, Spain was not yet part of those Conventions.

Grace period for disclosures caused by the applicant or his predecessor that do not involve exploitation or offering the invention is also deleted. This exception does not exist in European and comparative law can harm the novelty of the invention if you want to extend protection to countries that do not recognize that grace period.


III
Title III, on the right to designate the inventor and patent remains essentially unchanged. Nor regulation varies Title IV of inventions made in the context of an employment relationship or services regarding the attribution of ownership. However, the conditions for the exercise of the rights that the law recognizes each of the parties to the employment relationship or services are needed, a better balance between the duty of employee information and response and implementation commitment undertaken where appropriate, by the employer or employer.

The irrebuttable presumption that allowed the employer to claim the ownership of inventions for which a patent is requested within one year following the termination of the employment relationship was also replaced by another, which rebutted, of these inventions were made during the term of the same.


With respect to inventions made by research staff at the service of the public universities, public research institutions, research organizations and other government has sought to adapt the Patent Law with Law 14 / 2011 of June 1, Science, Technology and Innovation ─ which amended the Patent Act itself at its disposal segunda─ and Law 2/2011 of 4 March, on Sustainable Economy. This is a matter on which will inevitably be a certain given the remission of the Patent Act itself to the governing bodies of universities and government regulatory power or the Autonomous Communities regulatory dispersion.
IV


Title V is one of the cornerstones of reform and includes the patent application and granting procedures, opposition and resources, rules implementing the Community regulations on SPCs and general provisions common to all of them .

The law simplifies the most of the requirements for filing date, harmonized by the Treaty on patent law (PTL) and already applied in international proceedings mentioned above.

The requirements of the request obliged to report on the geographical origin or source of origin of biological material to which the invention relates, although this information does not prejudice the validity of the patent is included.

Another novelty is the recognition of domestic priority, not to discriminate against those with their first application to Spain and allow improved presentation or corrected subsequent applications, benefiting from the effects of priority for the elements common to both applications .

In the system of granting law departs from the optional scheme introduced in the reform carried out by the Royal Decree Law 8/1998, of July 31 and returns to the previous or substantive examination of novelty and inventive as the only activity patenting system, whose gradual implementation, as already mentioned, was originally planned in the 1986 Law

The procedural model "à la carte" based more on the preferences of users in fostering innovation, sometimes just to shift the cost and burden to override patents to competitors who should never have been granted and encourages distortions of competition based on securities whose presumption of validity can only be destroyed in the courts.

The optional system is also inconsistent with the status of the SPTO as an International Examination under the PCT, with the necessary training and expertise--in staff required by the World Intellectual Property Organization (WIPO) assuming these roles, and represents a misallocation of public resources devoted to the legal protection of innovation in Spain, since the SPTO has to devote part of these means to process applications that are then abandoned after a labored and technical formalities examination, or they have to be granted in any case, regardless of the results of the search for prior art.

Nothing justifies, indeed, the grant of a patent when the report on the state of the art reveals that the invention that is the subject of it is not so, for lack of novelty or inventive step.

Within the concession model with generalized preliminary examination now it adopts amendments also introduced into the process looking for a more integrated model whose objective is to go directly to the search phase for all applications, as in the international procedures, so that initiation is not subject to other conditions which are essential for implementation of the search itself.

The above procedure on the other that integrates search with the technical review, and whose conclusions will be reflected in the written opinion is thus replaced. This is already a first communication from the examiner whose comments and objections, if any, can answer the applicant to ask substantive consideration if you decide to continue processing, modifying where appropriate the application to the extent necessary to meet the legal requirements .

Search By advancing the process is accelerated in the essential aspect for the person concerned, which is to provide timely access to information relevant to decide to keep your application and, where appropriate, patenting abroad within priority. This is why the initial payment of the search fee, as in the case of European patents and international PCT procedure.


For his part in the substantive examination shall check that both the patent application and the invention to which it relates meet all the requirements, formal, technical and patentability established by law.

To speed the process pre oppositions are replaced by a system of post-grant opposition, which is widespread in comparative law, although third party observations are maintained, without being party to the proceedings, once may be submitted publication of the application and refer to any aspect related to the patentability of the invention. The system of deferred opposition forces to modify the system of administrative resources against the grant of the patent accordingly. These may be brought by those who have been party to the opposition proceedings and head against the adjudicatory act of opposition raised.

Chapter IV on CCP merely regulates some issues checking Community legislation which leaves the domestic law and the accounting rate regime. The rest of the regulation is already contained in Community legislation which is directly applicable to such securities.

Finally the general rules on the procedure and information of third parties with established in core subjects for other types of industrial property are harmonized. Among the innovations to be highlighted is the possibility of invoking the restoration of rights for the period of priority in line with the provisions of international procedures and the PLT, the rules relating to the amendment of the application and claims in the various procedures and obligation to specify in writing the differences between the previous text and the new set of claims that modifies it.
V


Titles VI and VII have already been updated in previous reforms and barely unchanged. The first, where the scope and limits of the law governing patent was modified by the aforementioned Law 10/2002 of April 29, and by Law 29/2006 of 26 July, on guarantees and rational use of medicines and medical devices, to expressly mention among the limits to patent rights, studies and tests conducted for the authorization of medicines including the preparation, collection and use of the active ingredient for these purposes.

However in the new law are separated as different assumptions the experimental use exception and the so-called "Bolar clause" which have different origins and purpose, as has been recognized by the jurisprudence of the Supreme Court.

Other minor modifications are to make explicit reference to the equivalent means to determine the extent of protection, eliminate some standards that have become obsolete to justify the assumptions that disappear, and clarify the scope of exhaustion, as the limit General exercise of the right.

Defense Shares patentee, which is Title VII, were also updated in the Law 19/2006 of June 5th, mentioned at the beginning of this exhibition, which included rules referred to provisional and precautionary measures, the liability of intermediaries and setting compensation. However, improvement in some aspects adapting Directive 2004/48 / EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights by establishing, to fix the damage damages, a minimum and not a maximum canon canon as was the case until now.

The Act also adds enforcement to ensure the cessation of infringing activity compensation and refers everything related to the calculation and payment of compensation to the implementation phase of the decision on the merits that has appreciated the infringement since at the time of filing the claim the plaintiff may lack the information needed to finalize its claim for damages. Moreover, considerable evidence effort and alegatorio that requires both the actor and the defendant, the quantification of damages, is for the process complexity and added cost which is not justified if ultimately the decision turns out to be absolutoria.
VI


Title VIII on patent application and patents as objects of property rights starts with the general principles of registry law, such as the advertising, the registration qualification based on legality and the effect of closing registration It befits the principle of priority.

Moreover
Law 25/2009, of 22 December, amending various laws to adapt to the Law on free access to service activities and their exercise, abolished the requirement of public document formalizing transfer and licensing, regulation referring to the conditions of form and documentation.

The obligation to exploit the invention and compulsory licensing Title IX is dedicated.

In this matter the adjustments in subsequent laws such as the Law 66/1997 of 30 December on Fiscal, Administrative and Social Measures consisted of reforms "minimum" that merely delete or amend some provisions manifestly inconsistent with TRIPS, but left intact the rest of the regulation, which was based on a budget that ceased to exist once the said Agreement took effect in Spain.

Indeed, when the Patents Act 1986 was drafted obligation to exploit the object of the patent demanded their manufacture or performance on national territory. After application of TRIPS in Spain, simply having supplied the domestic market by imports from any WTO member country. Such a radical change left ineffective much of the previous regulation, since with it, was intended to prevent imports to replace manufacturing in the country and this was precisely what was legalized later. The consequences of this liberalization model on intellectual property rights and international trade support are a good example of what later has been called globalization.
Today
cases of lack or insufficiency of exploitation are basically limited to stock-outs or other abuse arising from anti-competitive practices or dominant positions which can be approached from the competition law or through direct government intervention in the public interest . These options for action were already provided for in the Patents Act 1986 and maintained with some variations in the current.

The new law therefore reorders and simplifies the regulation of compulsory licenses, eliminating numerous articles related to the concept of pre-TRIPS exploitation. Included are however two new cases of compulsory licenses, which are the need to put an end to practices that a final administrative decision of national or community outreach, or a sentence, have declared contrary to the law of antitrust, and licensing required for the manufacture of medicinal products intended for export to countries with public health problems provided for in Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 that regulates them.

The possibility to interrupt the operation is limited to one year instead of the previous three, it was unjustifiably long term when the operation is decoupled from production in the country. For the same reasons the conditional submission to compulsory licensing is deleted.

Moreover, previous attempts contractual license is not limited to the case of dependency and is now expected in general, except for the cases mentioned in TRIPS exception. It is also expressly states that proof that the invention is being exploited for the holder of the patent.

The processing and resolution is simplified, regulating a procedure with presentation of evidence and arguments by the parties, transfer, reply and possibility of mediation or, failing that, a committee of experts ─uno by each of the parties and a third appointed by the Spanish Patent and Marcas─ to determine the conditions of the license. The compulsory license will be extended to the CCP that the license be granted or later fall on the subject of the basic patent included therein.
VII


The rules on invalidation and forfeiture of patents contained in Title X suffer some changes resulting from subsequent adaptation to standards to which is referred to below.

In the process of annulment the prohibition of partially annul a claim is suppressed, and it is expected that the patentee may limit modifying claims, so that the patent thus limited to base the process, as already happens with European patents and the effects of the annulment extend the CCP to the extent that affects the rights to the product protected by the basic patent based the granting of those.


Chapter II of this Title X regulates a procedure for revocation or limitation on application by the patentee before the Spanish Patent and Trademark Office, which can be initiated at any time during the legal life of the patent, and whose effects are retroactive, as with total or partial nullity.

The rehabilitation of patents expired in cases of force majeure is replaced by the broader and less rigid possibility of reinstatement of rights, which would apply the same assumption, and thus disappear as an independent figure. In any case lapse for non-payment of an annuity will not occur before the expiry of the period of delay under the Act, and payment may also be made by rights holders registered on the patent that could be affected by the expiration Of the same.

Respect to applications and patents of interest to national defense subject to secrecy regime, the regime provided for in Title XI some changes in order to allow the continuity of processing are introduced while the scheme is maintained, and specify the conditions that allow applications to present first overseas prior authorization of the Spanish Patent and Trademark Office, or in accordance with the provisions of international agreements on defense signed by Spain.
VIII


The rules on jurisdiction and procedural rules have already been updated with the reforms of Law 1/2000 of 7 January, Civil Procedure, Law 17/2001, of December 7, Trademark, and the law 19/2006 of 5 June, by which the means of enforcing intellectual and industrial property rights are expanded and procedural rules for facilitating the implementation of various EU regulations.

In Chapter I of Title XII legitimation for the exercise of the shares is recognized, in addition to the registered rights holders, who can prove they have properly applied for registration of the act or legal business to bring the right cause which seeks to assert, provided that such registration becomes granted.

As for references disappear jurisdiction court judge and instead territorial jurisdiction to the corresponding Mercantile Judge is attributed, in accordance with Article 86.ter.2 a) of the Organic Law 6 / 1985 of 1 July, of the Judiciary. The Act also seeks to combine the proximity and decentralization of justice deepening the model of legal expertise in patent, strengthening this model by concentrating matters attributed the objective competence to Mercantile Judge of the host city the Superior Court in which the General Council of the Judiciary has agreed to attribute exclusive knowledge of patent cases, keeping the same criteria for territorial jurisdiction.
Moreover
procedural deadlines to accommodate the complexity of patent litigation, given the extraordinary importance of the opinions of experts in patent litigation and the need for them timely manner to ensure the right of defense, expand the time to answer claims and counterclaims in Article 119.

As regards the annulment of title referred, as an exception, allowing the patentee requests if any treatment as a counterclaim or limit their claims, with primary or alternative, always written procedure and enough for the applicant for the declaration amend or maintain its claims in view of the limited time given.

Is also expected that when the patent due to supervening circumstances outside the process will be altered for example, in a process of oppositions before the European Patent Office, the holder may request that the patent as amended to base the process of giving process claims to the counterparty.

Chapters II and III on fact-finding proceedings and precautionary measures include certain amendments designed to specify its scope and permit when necessary to collect sensitive information the necessary measures to reconcile the interests of the defendant in preserving the confidentiality of information and the right to effective judicial protection of the procedural part that requires it.

Also collected clearly and unequivocally the need for fact-finding inquiries are made without prior notification to mediate who should bear them not to frustrate the success of the same.


Regarding the precautionary measures regulating the surrogate bond is required, the amount of which shall be fixed by the court during the pendency of the action and hearing the parties, so that the security can be realized in the same procedure without the need to open other arguments and evidence on that bond. a deadline is also set for the defendant, once raised the measures concrete, if necessary, its claim for compensation, and it is expected that if the security shall not cover any damage caused has not resort to a procedure for implementing a firm and determined resolution such damages, and to follow the path of pressure against the head.
Finally
preventive written as a procedural instrument introduced to defend against the possibility of unprecedented precautionary measures part by who has been required or fear being taxable thereof, so that it can appear before the competent court and justify preventively position.

Chapter IV of this Title XII deals with conciliation concerning inventions of employees and arbitration and mediation as mechanisms for the settlement of disputes.

As for the first, the rules of the Patents Act 1986 relating to the conciliation before the Spanish Patent and Trademark Office in case of dispute, which happens to be voluntary, they are reviewed and the composition of the commission responsible for applying, whose parity was compromised when, as was often the employee, to raise the complaint had ceased to belong to the staff of the company. the proposed agreement and the effects of the certification thereof by the direction of the Spanish Patent and Trademark if there were compliance, also regulates more fully the execution will be carried out in accordance with the provisions of the Civil Procedure Act for the enforcement of judgments and judicially approved agreements.

This type of balance is maintained as an option in addition to existing mediation and arbitration recognized in Article 136 of this Act and whose implementation is expected in the future participation of the Spanish Patent and Trademark Office to be included among the purposes and functions of mediation and arbitration institution possible according to the second final provision.
IX


For utility models the common element in comparative law is, paradoxically, the disparity. Being a title whose legal setting is not subject to criteria of international harmonization this disparity affects not only the procedures but the conception itself the title and even their very existence, as this mode is not recognized in all countries.

In Spain, utility models have been a degree of protection well suited to the needs of our businesses, as evidenced by the number of applications and the percentage of those who have submitted national origin, reaching 95 percent. Therefore, in its regulation, contained in Title XIII, the current approach based on the sui generis model and not on the "simplified patent" is maintained, but with some changes designed to adapt this method to the current needs and streamline its processing.

The first important development is the equation of state of the relevant art with demanded for patents, thereby avoiding uncertainty involves the concept of disclosure and eliminating the concept of relative novelty, it makes little sense in the world current, very different from 1986 when there were no possibilities of widespread access to all kinds of information and document collections through new technologies. At this point, the essential difference patents remains the requirement for models level lower than inventive patents.

Area which can be protected as a utility model is also extended, until now virtually restricted to the field of mechanics, excluding only addition to the procedures and inventions that are intended biological matter, so were, substances and pharmaceutical compositions, defined as those intended for use as a medicament in human or veterinary medicine. The exclusion is maintained for these sectors due to its special characteristics, but not for the other chemicals, substances or compositions, which may benefit from this type of protection.


As for the procedure for granting, oppositions of third parties remain pre- and post-grant not, since there will be no substantive examination as patents and that, unlike the industrial design, with utility model are protected technical rules whose exclusive monopoly generates a projection that does not exist in the design. For the same reason, the exercise of the actions of defending the right to obtain a report on the state of the art referred to the object title in which the action is founded is conditional, suspended the processing of the application, at the request the defendant, the plaintiff until cars contribution to this report.
X


A new Title XIV on the application in Spain of the Convention on the Grant of European Patents (EPC), done at Munich on October 5, 1973 and the Patent Cooperation Treaty (PCT) is I entered, made in Washington on June 19, 1970, which, as usual in comparative law, integrated into the law the implementing rules of the European road and the international road for the protection of inventions in Spain, consolidating and summarizing the main provisions and collected in two approved after the entry into force of Law 11/1986, of March 20, Patent, when Spain acceded to international conventions such regulations.

The rules on representation, officials and agents of Title XV which addresses have already been reviewed by the Royal Decree Law 8/1998, of July 31, on urgent measures concerning industrial property and subsequently by the third additional provision of Law 17/2001 of 7 December, of Marks.

The amendments now incorporated, referring to the Agents of Industrial Property, adapt to the Law 17/2009 of 23 November, on free access to service activities and their exercise, regulating the basic rules access and exercise of professional representation in the framework of Directive 2005/36 / EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications and Royal Decree 1837/2008 of 8 November, which transposes.

The aptitude test for access to a regulated profession such as the Agent of Industrial Property, whose qualifications must be proved by evidence of formal training and passing the aptitude test, as is obvious requirements is maintained only can meet individuals, but other requirements for access to this profession, as the constitution of the bond or contracting liability insurance are deleted. also it provides for the exercise of professional representation of agents through legal entities, which under certain conditions may register as authorized representatives in the Special Register of the Spanish Patent and Trademark Office.

Finally, it is integrated into the law what was already updated by regulation, replacing the previous system of authorization by a responsible statement that enables to start the exercise of the activity of professional representation.

In Title XVI, on fees and annuities, are updated and reordered the rules on fees and reimbursement regime, surcharges, maintenance and exemptions, establishing a reduction of 50 percent of the fees paid by request, completion of the report on the state of the art and test, and the first three annuities for certain entrepreneurs and SMEs. Otherwise the reduction of 15 percent in the amount of fees related to electronic filing or written when they are paid prior to or simultaneously by such technical means is maintained.

The annuity payment shall be made within three months after the date of accrual prepayments being suppressed. The vesting date for each annuity will be the last day of the anniversary month of the filing date of the application. However, in addition to the delays allowed with surcharges, you can regularize the payment without loss of rights by paying the rate of additional adjustment provided for in the second rate Law during the period up to the date of accrual of the following annuity .


In the additional provisions, the supplementary application of Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure is confirmed, it is expected the future establishment of maximum time resolution procedures in accordance with the provisions of Article 59.3 of Law 2/2011 of March 4, Sustainable Economy and the negative silence without prejudice to the obligation to resolve is established by specific resolution without any link to the sense of silence.

Additional provisions relate to advertising and consulting records by electronic means, communications with courts in electronic form and the establishment by the Ministry of Industry, Energy and Tourism of the mechanisms for coordination and cooperation between SPTO and the autonomous communities, so that they remain informed throughout the procedure after publication of the application. also it provides for the possibility of preferential processing for applications for related to the objectives of the Act cited above sustainable economy technologies and the establishment of programs for accelerated grant to which may expressly upheld interested in the conditions statutorily determined.

In the final provisions of Law 17/1975 of May 2, creation of an autonomous body "Industrial Property Registry" (today SPTO) to include among its aims the promotion of mediation and performance is amended as Arbitration and in accordance with the Law 60/2003 of 23 December, of Arbitration institution, functions by royal decree attributed to resolve disputes concerning the procurement, contracting and defense of industrial property rights in matters of freely available.

The third and fourth final provisions amending Law 17/2001, of December 7, Trademark and Law 20/2003 of July 7, on Legal Protection of Industrial Design, in their respective first additional provisions, to recognize explicitly competence to CTM courts to hear civil disputes when exercised cumulatively Community and national whose titles are sheltering identical or similar sign or design and at least one of them is based on a community title .

The Act is issued under the powers attributed to the Spanish Constitution in Article 149.1.9.ª State legislation on industrial property and 149.1.6.ª which grants the State exclusive jurisdiction over procedural law .
TITLE
I
Preliminary provisions


Article 1. Purpose of the Act.

For the protection of industrial inventions they shall be granted in accordance with the provisions of this Act, the following titles of Industrial Property:

A) Patents.

B) Utility Models.

C) Supplementary protection certificates for medicinal products and plant protection products.

Article 2. Patent Register.

1. The registration of the securities recognized in this Act is unique throughout the Spanish territory and its granting corresponds to the Spanish Office of Patents and Trademarks, except as provided in international treaties to which Spain is a party or in the law of the Union European.

2. The application, granting and other acts or legal transactions involving rights to the titles mentioned in the preceding paragraph shall be registered in the Patent Register, as provided in this Act and its Regulations.

3. Registration in the Patent Register legitimize the holder to exercise the recognized actions in this Act in defense of the rights arising from the securities mentioned in Article 1

Article 3. Legitimacy.

1. They may apply for the titles of Industrial Property natural or legal persons, including public law entities.

2. The persons mentioned in paragraph 1 may invoke the application in the benefit of the provisions of any international treaty that is applicable in Spain, as it were their direct application, whatever is more favorable to them regarding the provisions of this Act.
TITLE II

Patentability


Article 4. patentable inventions.

1. Are patentable in all fields of technology, inventions that are new, involve an inventive step and are capable of industrial application.


Inventions in the preceding paragraph refers to may concern a product composed of biological material or containing biological material or a procedure by which it is produced, processed or use biological material.

2. Biological material which is isolated from its natural environment or produced by means of a technical process may be the subject of an invention even if it previously occurred in nature.

3. For the purposes of this Act, shall mean 'biological material' means any material containing itself or reproducible genetic information in a biological system and 'microbiological process' means any process using a microbiological material including a presentation on the same or producing a microbiological material.

4. shall not be considered inventions within the meaning of the preceding paragraphs, in particular:

A) discoveries, scientific theories and mathematical methods.

B) literary, artistic or any other aesthetic creation works and scientific works.

C) schemes, rules and methods for performing mental acts, playing games or for economic and business activities as well as computer programs.

D) methods of presenting information.

5. The provisions of the preceding paragraph shall exclude patentability of materials or activities referred to therein only to the extent that the patent application or patent relates exclusively to one of them considered as such.

Article 5. Exceptions to patentability.

May not be patented:

1. Inventions whose commercial exploitation would be contrary to public policy or morality, not being regarded as such exploitation of an invention merely because it is prohibited by law or regulation.

In particular, they shall not be considered patentable under the provisions of the preceding paragraph:

A) processes for cloning human beings.

B) processes for modifying the germ line genetic identity of human beings.

C) uses of human embryos for industrial or commercial purposes.

D) processes for modifying the genetic identity of animals which are likely to cause them suffering without substantial medical or veterinary utility to man or animal, and animals resulting from such processes.

2. Plant varieties and animal breeds. They will, however, patentable inventions involving plants or animals if the technical feasibility of the invention is not limited to a particular plant variety or animal breed.

3. Essentially biological processes for the production of plants or animals. For these purposes, they are considered essentially biological those procedures consisting entirely of natural phenomena such as crossing or selection.

The provisions of the preceding paragraph shall not affect the patentability of inventions which concern a microbiological or other technical process or a product obtained by these procedures.

4. Methods of surgical or therapeutic treatment of the human or animal body and diagnostic methods practiced on the human or animal body. This provision shall not apply to products, in particular substances or compositions, nor to inventions of apparatus or instruments for the implementation of such methods.

5. The human body at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene.

However an isolated the human body or otherwise produced by a technical process, including the sequence or partial sequence of a gene, may constitute a patentable invention, even if the structure of that element is identical to that of a natural element.

The industrial application of a sequence or partial sequence of a gene must be disclosed in the patent application.

6. A mere sequence of deoxyribonucleic acid (DNA) without indication of any function.

Article 6. New.

1. It is considered that an invention is new when it is not within the state of the art.

2. The prior art consists of everything before the filing date of the patent application has been made accessible to the public in Spain or abroad by a written or oral description, by use or by any other means.


3. It is understood also comprised in the state of the art content of Spanish patent applications or utility models, applications for European patents designating Spain and International Patent Application PCT which have entered the national phase in Spain, such as there were originally been filed, whose filing date is earlier than that mentioned in the preceding paragraph and which have been published in Spanish on that date or on a subsequent.

4. The provisions of paragraphs 2 and 3 shall not exclude the patentability of any substance or composition comprised in the state of the art for use in any of the methods mentioned in Article 5.4 provided that its use for any such method is not comprised in the state of the art.

5. The provisions of paragraphs 2 and 3 shall not exclude the patentability of a substance or composition of those listed in paragraph 4 for a specific use in any of the methods mentioned in Article 5.4 provided that such use is not comprised in the state of technique.
Article 7. Disclosures
harmless.

Will not be taken into account to determine the state of the art with a disclosure of the invention, which occurred within the six months preceding the date of filing of the application, it has been direct or indirect consequence:

A) an evident abuse against the applicant or his predecessor.

B) the fact that the applicant or his predecessor has displayed the invention at an official or officially recognized exhibition within the meaning of the Convention Relating to International Exhibitions signed in Paris on 22 November 1928 and last revised 30 November 1972

In this case will require the applicant to submit the application, declare that the invention has actually been exhibited and, in support of his declaration, submit the corresponding certificate within the period and under the conditions specified in the regulations.

Article 8. Inventive.

1. It is considered that an invention involves an inventive step if it is not the state of the art in a manner obvious to one skilled in the art.

2. If the state of the art includes the documents mentioned in Article 6.3 shall not be taken into consideration when deciding on the existence of inventive step.

Article 9. Industrial application.

It is considered that an invention is susceptible of industrial application if it can be made or used in any kind of industry, including agriculture.
TITLE III


Right to designate the inventor and patent

Article 10. Right to patent.

1. The right to the patent belongs to the inventor or his successors and is transferable by all means recognized by law.

2. If the invention has been made by several persons jointly, the right to obtain a patent shall belong to them jointly.

3. Where the same invention has been made by several people independently, the right to the patent shall belong to those whose application has an earlier filing date in Spain, provided the request is published in accordance with the provisions of Article 37. | ||
4. In the proceedings before the Spanish Patent and Trademark Office it is presumed that the applicant is entitled to exercise the right to the patent.

Article 11. Patent Application by person not entitled.

1. When, based on the provisions of this Act, a final judgment had recognized the right to obtain a patent to a person other than the applicant, provided that the patent had not become granted yet, that person may, within the within three months since the judgment became res judicata:

A) Continue the procedure relating to the application subrogated in place of the applicant.

B) file a new patent application for the same invention shall enjoy the same priority.

C) request that the application be denied.

2. The provisions of Article 26.3 is applicable to any new application filed under the provisions of the preceding paragraph.


3. Where a request for the judgment to paragraph 1 may not be withdrawn patent application without the consent of the applicant it refers to. The judge may decide, as a precautionary measure in accordance with the provisions of Law 1/2000 of 7 January, Civil Procedure, suspension of the award procedure, once the application shall have been published until firmness the judgment or decisions terminating the procedure is properly notified if it were rejecting the claim of the plaintiff, or until three months after such notification if estimatory.

Suspension provided that the decisions terminating the procedure was estimatory and firm and the actor requested the continuation of the same was also lifted.

Article 12. Claiming ownership.

1. If the patent has been granted to a person not authorized to obtain as provided in Article 10, the person entitled under that article may claim that transfer of ownership of the patent, without prejudice to any other rights or remedies they may correspond.

2. When a person is entitled to only part of the patent may claim that joint ownership is attributed the same as provided in the preceding paragraph.

3. The rights mentioned in the preceding paragraphs shall only be exercisable within two years from the date the mention of the grant in the "Official Bulletin of Industrial Property" was published. This period shall not apply if the holder, at the time of grant or acquisition of the patent knew he had no right to it.

4. It shall be registered in the Patent Register, for the purposes of advertising to third parties filing a lawsuit for the exercise of the actions referred to in this article, and the judgment or other final decision terminating the procedure initiated under this demand, at the request of an interested party.

Article 13. Effect of change of ownership.

1. When a change in ownership of an application or patent following a judgment as provided in the preceding article, licenses and other rights of third parties in the patent shall lapse upon the registration in the Register of Patents legitimated person.

2. Both the owner of the application or patent as the holder of a license obtained before filing the lawsuit, which prior to that enrollment had exploited the invention or had made real and effective preparations for that purpose register, may continue or commence working always requesting a non-exclusive license from the new holder entered in the Register of Patents, within two months if it is the former holder of the patent or, in the case of the licensee, four months which they received notification of the Spanish Patent and Trademark Office for which he communicates the registration of the new owner. The license must be granted for an appropriate period and under reasonable conditions to be fixed, if necessary, by the procedure laid down in this Act for compulsory licensing.

3. It does not apply the provisions of the preceding paragraph if the patentee or the licensee acted in bad faith at the time when the operation or the preparations for it began.

Article 14. Designation of the inventor.

The inventor has, against the holder of the patent application or patent, the right to be mentioned as such inventor in the patent.
TITLE IV


Inventions made in the context of an employment relationship or service

Article 15. Inventions belonging to the employer.

1. Inventions made by the employee or service provider for the duration of his contract or employment relationship or service with the employer that are the result of a research activity explicitly or implicitly constituting the object of the contract belong to the employer.

2. The author of the invention is not entitled to additional remuneration for their completion, unless his personal contribution for the invention and the importance of it for the entrepreneur obviously go beyond the explicit or implicit contract or employment relationship content.

Article 16. Inventions belonging to the employee or service provider.

The Inventions that do not fulfill the conditions provided in Article 15.1 belong to their author.


Article 17. Inventions assumable by the employer.

1. Notwithstanding Article 16, where the employee makes an invention related to his professional activity in the company and in their preparation had predominantly influenced knowledge acquired within the company or use of means provided by this, the employer is entitled to assume ownership of the invention or to reserve the right to use it.

2. When the employer claims ownership of an invention or a right of use of the same reserves, the employee is entitled to a fair financial compensation fixed in relation to industrial and commercial inventive importance and taking into account the value of the media or knowledge provided by the company and the employee's own contributions. Such compensation may consist of a share in the benefits gained by the company from the exploitation or transfer of their rights to that invention.

Article 18. Duty of information and exercise of rights by the employer and the employee.

1. The employee performing any of the inventions referred to Articles 15 and 17 must inform the employer by written communication, data and reports necessary for it to exercise the rights that apply. This communication shall take place within one month from the date on which the invention is completed. Failure to comply with this obligation shall lead to loss of rights recognized to the employee under this Title.

2. When an assumable invention by the employer in accordance with Article 17, the employer, within three months from the day following the receipt of the notification in the preceding paragraph refers to the day in question, you must evaluate the invention in question and communicate in writing to the employee his willingness to take ownership of the invention or to reserve a right of use on it.

If the employer, the employee does not communicate its willingness to take ownership of the invention in a timely manner will expire his right, the employee may file a patent application.

If the employer, the employee having communicated its willingness to assume ownership of the invention does not submit the application for industrial property within a reasonable additional period set with the employee, may this present patent application in the name and on account of the employer.

3. The unpatentable technical improvements made by the employee in the development of activities under Articles 15 and 17 by their exploitation as a trade secret offer the employer a similar to that obtained from an industrial property right vantage point, will entitle to claim from the employer for a fixed reasonable compensation in accordance with the criteria set out in the articles cited as soon as the latter exploits the proposal.

4. Both the employer and the employee shall collaborate to the extent necessary for the realization of the rights recognized in this Part, shall refrain from any action that could be detrimental to these rights.

Article 19. Burden of proof and waiver of rights.

1. Unless proved otherwise, the inventions for which a patent application or other title of exclusive protection within the following termination of the employment relationship or service year, this presumed made during the term of this.

2. It is void early resignation of employee rights that the law grants under this Title.

Article 20. Scope.

The rules of this Title shall also apply to officials, employees and workers of the State, autonomous regions, provinces, municipalities and other public bodies, subject to the provisions of the following article.

Article 21. Inventions made by the research staff of public universities and public research bodies.

1. Inventions made by research staff of the centers and public research institutions of the General State Administration, Centers and Research organizations other Public Administrations, Public Universities, Foundations of the State Public Sector and Societies State commercial belong to entities whose researchers have obtained in the exercise of the functions that are proper, whatever the nature of the legal relationship which are linked to them.


For this purpose is considered in any individual case investigator defined as such in Article 13 of Law 14/2011, of 1 June, of the Science, Technology and Innovation, technical staff considered in the Act as research staff and technical support staff, according to the internal rules of universities and research centers, also has the status of research staff.

2. Inventions referred to in paragraph 1 shall be communicated in writing to the public body in whose service the researcher author of it within three months halle since the conclusion of the invention. The lack of communication by the research staff will entail the loss of rights to be recognized in the following sections.

3. The agency or public entity, within three months from the receipt of the notification in the preceding paragraph refers to shall communicate in writing to the author of the invention their willingness to maintain their rights to the invention, requesting the corresponding patent or trade secret consider reserving the right to use on it exclusively. You can not publish the result of an investigation susceptible of being patented before the expiry of that period or until the entity or the author has submitted the patent application.

If the agency or public entity does not communicate within the period indicated their willingness to maintain their rights to the invention, the author may submit the same patent application in accordance with the provisions of Article 18.2.

4. The investigator shall at all right case to participate in the benefits accruing entities in which it provides its services exploitation or transfer of their rights to such inventions where the patent is requested on behalf of the entity or decide the industrial secret. These entities may also assign ownership of such inventions to their author, reserving a nonexclusive, nontransferable, free operating license or a share of the benefits derived from the exploitation of those specific inventions in accordance with the provisions of paragraphs 6 and 7

5. In contracts or agreements entities in paragraph 1 shall conclude with public or private entities, should stipulate who shall ownership of inventions that research staff can perform under such contracts or agreements and all matters relating to rights of use and commercial exploitation and sharing of the benefits.

6. The Governing Council of the University determine the manner and amount of participation by research staff at the university in the benefits derived from the exploitation of inventions referred to in this article, and where appropriate, the participation of the University the benefits obtained by the investigator with the operation thereof, without prejudice to the provisions of Article 83 of the Organic Law 6/2001 of 21 December, of Universities and Article 64 of Law 2/2011, of 4 March, on Sustainable Economy.

7. The terms and amount of participation by research of public research bodies in the benefits derived from the exploitation or transfer of inventions referred to in this article staff shall be established by the Government in response to the specific characteristics of each Public Entity Research . This participation will in any case no remuneration or salary. The Autonomous Communities may develop through regulatory specific profit sharing schemes for staff researcher public research bodies within their competence.
TITLE V


Application and granting procedure
CHAPTER
I

Presentation and requirements of the patent application

Article 22. Submission of application.

1. The patent application be submitted to the Spanish Patent and Trademark Office or the competent body of any region.

2. The patent application may also be present in the places specified in Article 38.4 of Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure, directed to any of the bodies in accordance with the preceding paragraph, they are competent to receive the application.

3. The electronic filing will apply Law 11/2007 of 22 June, electronic access of citizens to Public Services.


Article 23. Application requirements.

1. The patent application shall contain:

A) a request document, according to the official model, to the Director of the Spanish Patent and Trademark Office.

B) A description of the invention for which a patent is applied.

C) one or more claims.

D) The drawings to which the description or claims relate and, where appropriate, biological sequences presented in the format established by regulation.

E) A summary of the invention.

2. When the invention relates to biological material of plant or animal origin, the application must include mention of their geographical origin or source of origin of such material if these data were known. This information shall not prejudice the validity of the patent.

In the cases provided for in Regulation (EU) No 511/2014 of the European Parliament and of the Council of 16 April 2014, on measures of compliance of users of the Nagoya Protocol on Access to genetic resources and the fair and equitable sharing of benefits arising from their use in the Union, the patent application shall also include, to the extent that regulation is determined, the information that users of such resources are required to retain under the provisions of the rule. Such information not prejudice the validity of the patent.

3. The application and other documents to be submitted to the Spanish Patent and Trademark Office should be written in Castilian and meet the requirements established by regulation. Notwithstanding the provisions of Article 24.1.c) in the Autonomous Communities where another official language exists, such documents may be written in that language must be accompanied by a translation into Castilian, to be considered authentic in case of doubt between both .

4. The submission of the application will result in the payment of the fee and the fee for producing the report on the state of the art.

Article 24. Date of filing.

1. The date of submission of the application shall be the date on which the applicant delivers to authorized for receipt of patent documentation containing at least the following offices:

A) The indication that a patent is sought.

B) information identifying the applicant and contact him.

C) A description of the invention for which the patent is requested, but does not meet the formal requirements of the law, or reference to a previously filed application.

For the purposes of obtaining a filing date, the description may be in any language must present their translation into Castilian in the prescribed period.

2. The reference to an earlier application must indicate this number, date of filing and office where filed. In the reference it must be stated that it replaces the description and, where appropriate, to the drawings.

3. If the application refers to an earlier as provided in the preceding paragraph shall be submitted a certified copy of the earlier application, accompanied, if necessary, by a translation into Castilian, within the period prescribed in the implementing regulation.

4. The date for submission of applications filed at a post office shall be the date on which that office receives the documents containing the information listed in the preceding paragraphs, provided they are submitted by registered mail in the manner provided by Article 31 of Regulation on the provision of postal services, approved by Royal Decree 1829/1999, of December 3 is regulated. In any case the documentation should be addressed to the competent body for receiving the request.

Article 25. Designation of the inventor.

The application shall designate the inventor. In the event that the applicant is not the inventor or not the sole inventor, the designation shall be accompanied by a declaration stating how the applicant acquired the right to the patent.

Article 26. Unity of invention.

1. The patent application may not include more than one invention or a group of interrelated inventions such that form a single general inventive concept.

2. Applications that do not meet the provisions of the preceding paragraph shall be divided according to what is prescribed provisions.


3. Divisional applications have the same date of filing the initial application from which they come, in so far as their subject matter was already contained in that application.

Article 27. Description of the Invention.

1. The invention must be disclosed in the patent application sufficiently clear and complete for an expert on the art to carry manner.

2. When the invention relates to a non-accessible biological material to the public, or to use, and when the biological material can not be described in the patent application so that an expert can reproduce the invention only be considered that the description complies with the provisions of the preceding paragraph if, presenting the following requirements as regulations they have been developed:

A) the biological material has been deposited no later than the filing date of the patent application in an institution legally recognized for it, equal to those established by the Budapest Treaty on the International Recognition of conditions deposit of microorganisms for the purposes of patent procedure, done at Budapest on April 28, 1977 (hereinafter Budapest Treaty). In any case, they are considered recognized international depositary authorities which acquired this status in accordance with Article 7 of the Treaty.

B) the application as has been presented, containing the relevant information available to the applicant on the characteristics of the biological material deposited.

C) in accordance with the provisions of the Regulation, the name of the depository institution and the accession number indicated.

3. If the biological material deposited in accordance with the provisions of the preceding paragraph, cease to be available from the recognized depositary institution, a new deposit of that matter, similar to those specified in the Budapest Treaty will be authorized.

4. Any new deposit shall be accompanied by a statement signed by the depositor certifying that the biological material of the new deposit is the same as that originally deposited.

Article 28. Claims.

The claims define the object for which protection is sought. They must be clear and concise and must be based on the description.

Article 29. Summary.

The abstract of the invention serve exclusively for technical information purposes. It may not be taken into account for any other purpose, and in particular may not be used or for determining the scope of the protection sought nor to delimit the state of the art for the purposes of Article 6.3.
Article 30. Priority
.

1. Who have regularly submitted an initial application for patent, utility model or utility certificate in or for any State party to the Paris Convention for the Protection of Industrial Property, done at Paris on March 20 1883 or the Agreement establishing the World Trade Organization, or his successors is established, shall enjoy, for the filing of a patent application in Spain for the same invention, a right of priority of twelve months from the date of submission of the first application, domestic or foreign, under the conditions set out in Article 4 of the Paris Convention.

2. They have the same right of priority mentioned in the previous paragraph who have submitted a first application for protection or for a State not listed in paragraph 1 which recognizes applications filed in Spain a right of priority under conditions and with effects equivalent to those under the Paris Convention.

3. Under the exercise of the right of priority shall be considered as the date of filing of the application, for the purposes of the provisions of Articles 6, 10.3 and 139, the date of filing of the earlier application whose priority has been rightfully claimed.

Article 31. Claiming priority.

1. The applicant who wishes to claim priority of an earlier application shall, in the manner and terms established by regulation, a declaration of priority and certified by the office of origin of the previous application accompanied by a translation into Spanish copy when drafted in another language.


2. Is not however necessary to present the copy of the earlier application or translation when the priority claim is not considered relevant in determining the patentability of the invention or the earlier application or its translation already in the possession of the Spanish Office Patent and Trademark Office or are available in a digital library.

3. For the same application and, where appropriate, for the same claim multiple priorities may be claimed, although originating in different states. If multiple priorities are claimed, time limits which are to run from the date of priority shall run from the earliest date of priority.

4. When one or more priorities are claimed, the priority right shall cover only those elements of the application that are contained in the application or applications whose priority has been claimed.

5. Although certain elements of the invention for which priority not appear among the claims formulated in the previous application is claimed, it may be given priority for them if all the documents of the previous application reveals sufficiently clearly and precisely such elements.

6. The priority claim shall entail payment of the fee.
CHAPTER II

Concession Procedure


Article 32. Receipt of the application and referral to the SPTO.

1. The competent body in accordance with the provisions of Article 22 shall be recorded at the time of receipt of the application registration number, the date, hour and minute of its filing, and issue a certificate receipt or stamped copy of the documentation submitted in the form is determined by regulation. If he had not gone on record time, you will be assigned the last day. If I had not done record the minutes will be assigned the last time.

2. When the body competent to receive the application as either an Autonomous Community shall forward to the Spanish Patent and Trademark Office the documentation submitted within the three days of receipt. The breach of this term in no way prejudice the applicant.

Article 33. Establishing filing date and admissibility.

1. Within 10 days of its receipt, the Spanish Patent and Trademark Office will check whether the patent application meets the requirements to be granted a filing date and, if so, will be admissible and proceed according to the provisions of Article 34.

2. If anything is missing from the requirements for filing date, the defects concerned to remedy them within the prescribed period shall be reported. The submission date is in that case the time the Spanish Patent and Trademark Office receives the documentation with the duly corrected defects. If the defects are not corrected in time, the application will not be admissible and well communicated, indicating the reasons to the applicant.

3. If the application fee and the fee for producing the report on the state of the art not paid with the application, or there Were not entirely, this fact shall notify the applicant to perform or complete the payment deadline. After that time without making or completing payment, you shall be withdrawn from the application.

4. The deadlines mentioned in the preceding paragraphs are those set out in the implementing regulation of this Law.

Article 34. Patents of interest for national defense.

The Spanish Patent and Trademark Office made available to the Ministry of Defence, for the purposes provided for in Title XI of this Act, all patent applications that may be of interest to national defense, by setting out the necessary coordination with the Ministry.

Article 35. Examination of trade.

1. Declared admissible the application, the Spanish Patent and Trademark verify:

A) If the object of it is not manifestly and completely excluded from patentability under Articles 4.4 and 5 of this Act.

B) If the requirements for representation and priority claim are met if any, and any other regarding the formal validity of the application whose verification is carried out in accordance with the provisions of the Regulation, before publication of the application.


2. The presence of formal documentation defects not suspend the implementation of the report on the state of the art that the following article, provided that those are not such as to prevent its realization.

3. If the result of checking that the object of the application is excluded from patentability under paragraph 1 a), or the requirements referred to in paragraph 1 b) are met, these circumstances shall be communicated to interested, to submit any allegations or remedy the defects within the prescribed period. If obstacles persist or defects were not corrected in time, the application is refused by reasoned decision. When defects concern the right of priority the applicant will lose this right.

Article 36. Issuance of the report on the state of the art and the written opinion.

1. The Spanish Patent and Trademark Office issued as a report on the state of the art and a written opinion, preliminary and non-binding, concerning the patent application, made on the basis of the claims, statutorily established with due in the description and, where appropriate sequences or biological drawings. Both the report on the state of the art and the written opinion shall transmit to the applicant.

2. The report on the state of the art will be based on a search that, according to the provisions of Article 6.2 of this Law shall extend to everything that has been made accessible to the public in Spain or abroad by a description written or oral, by use or by any other means.

3. When the lack of clarity or consistency of the description or claims prevents proceed in whole or in part to the preparation of the report, the Spanish Patent and Trademark Office shall make the appropriate notification to the applicant to make their allegations or correct any deficiencies in the prescribed period. To remedy defects the applicant may amend the claims. If the applicant does not respond within the prescribed period, or does not specify the object of the search sufficiently to overcome the aforementioned shortcomings, the Office made a report on the state of the art based on a partial search. If this is not possible, the request is refused by reasoned decision, and so will be notified.

4. If unity of invention and the applicant, at the request of the Spanish Patent and Trademark missing, not divide your application or pay additional fees, the procedure will continue for the invention or group of inventions claimed first meeting the conditions of Article 26, holding him as withdrawn on the remaining.

5. They will not be subject of the report on the state of the art or the written opinion requests whose international search report has been made by the Spanish Patent and Trademark Office in its capacity Authority of international search.

Article 37. Publication of the application and the report.

1. Eighteen months after the date of filing of the application or the priority date had been claimed and passed the examination of trade, the Spanish Patent and Trademark promptly published patent application, the relevant announcement in the "Official Bulletin of Industrial Property" and making available to the public the documents in the file of the published patent application. Also, a booklet containing the text of the description with the claims and, where appropriate, drawings or biological sequences, in the manner and with the elements established in the implementing regulation will be published.

2. At the request of the applicant may be published patent application, even if the said period had not elapsed in paragraph 1

3. No publication will take place when the application is rejected or withdrawn or deemed withdrawn or has been withdrawn by the applicant before completion of the technical preparations for publication.

4. The report on the state of the art will be published the relevant announcement in the "Official Bulletin of Industrial Property" and issuing a booklet with the report along with the patent application or later, if it had been already published.

Article 38 Observations by third parties.


After publication of the application any person may formulate duly substantiated and documented comments on the patentability of the invention under the same in the manner and time established by regulation, without interrupting processing. These third parties will not be considered party to the proceedings.

Article 39. Substantive Examination.

1. The Spanish Patent and Trademark examine the applicant's request and in accordance with the provisions of the Regulation, if the patent application and the invention to which it relates meet the formal requirements, technical and patentability established by law. || |
2. The petition, which may put the applicant at the time of filing the application, be submitted in any case before the expiry of the period of three months from the publication of the report on the state of the art, will not be considered made until payment has been made of the examination fee. The revocation of the request for examination equivalent to the withdrawal of the patent application.

3. Along with the request for substantive examination the applicant may submit comments to the report on the state of the art, opinion and written comments from third parties and modify, if deemed appropriate, the claims and the remaining application documents subject to the provisions of Article 48.

4. After the period referred to in paragraph 2 without the applicant has submitted a request for examination, it means that your application has been withdrawn.

Article 40. Processing and resolution.

1. When the examination does not reveal the lack of any requirement to prevent it, the Spanish Patent and Trademark Office granted the patent.

2. If as a result of the examination reasons that prevent all or part of the grant of the patent are noticed, they will be communicated to the applicant for the prescribed period answer the objections raised by the Spanish Patent and Trademark Office or modify, if deemed appropriate, the claims.

3. If the applicant does not act in response to the objections raised by the Spanish Patent and Trademark Office, the patent shall be denied. In other cases, the Spanish Patent and Trademark decide after receiving the reply of the applicant.

4. If after receiving the reply of the applicant and despite the allegations or modifications made, the Spanish Patent and Trademark Office considers that persist reasons that prevent all or part of the grant of the patent are these communicated to the applicant giving new opportunities to correct your request or make claims under the conditions and terms established in the Regulations, before finally deciding on the grant or refusal of the patent.

Article 41. Announcement of the grant and publication of the patent.

The grant of the patent will be announced in the "Official Bulletin of Industrial Property" making available to the public the documents in the file of the patent granted.
Article 42.
editing a brochure of the patent.

For each patent granted a booklet containing the text of the description, claims and drawings and, where appropriate, biological sequences, such as particulars were finally granted will be opened. The brochure, whose content is determined by regulation, also mentioned the "Official Bulletin of Industrial Property" on which he announced the award.

Shall be stated that the patent is granted without prejudice to third parties without state guarantee as to the validity of it and the usefulness of the object on which rests in the brochure.
CHAPTER III

Oppositions and appeals


Article 43. Oppositions.

1. Within six months following the publication of the award in the "Official Bulletin of Industrial Property ', any person may oppose the grant by any of the following reasons:

A) The claimed invention does not meet any of the requirements for patentability set forth in Title II of this Act.

B) His description is not sufficiently clear and complete for a person skilled in the art to carry.

C) The object of the patent granted exceeds the content of the application as filed.

2. The opposition should be addressed to the Spanish Patent and Trademark statement of grounds, accompanied by the relevant supporting documents and payment of the appropriate fee.


3. Declared admissible statement of opposition to the patent holder registered to present its case and this change will be communicated, if deemed appropriate, the claims. The Spanish Patent and Trademark Office shall transmit to each party of the arguments and proposals for amendments submitted by the other, granting a formality of reply in each case, all in the terms and conditions set forth in the regulations.

4. After the periods mentioned in the preceding paragraph the Spanish Patent and Trademark Office estimating resolved in whole or in part the oppositions filed, when any of the grounds for opposition mentioned in paragraph 1 or desestimándolas otherwise. However, when despite amendments or arguments adduced persist reasons that prevent all or part of the maintenance of the patent, the holder will be given at least one opportunity to remedy the defect or submit new arguments before deciding definitively on the opposition raised.

5. The resolution of the Spanish Patent and Trademark Office published in the "Official Gazette of Industrial Property" gathering, where appropriate, amendments had been introduced in the patent. The protection conferred by this Act to retroactively extend the patent as amended.

6. The retroactive effect of the revocation will apply, where appropriate, the provisions of Article 104 concerning the nullity.

Article 44. Resources.

1. The administrative appeal against the grant of a patent may only be brought by those who have been party to opposition proceedings and will be directed against the adjudicatory act of opposition raised. These effects can be understood if the opposition rejected after the period to resolve and notify it had no express decision.

2. The patent applicant may file an administrative appeal against the decision to reject the patent application by the Spanish Patent and Trademark Office.

3. In the appeal proceedings the patentee may amend the application subject to the provisions of Article 48
CHAPTER IV


Supplementary protection certificates for medicinal and plant protection products

Article 45. Applications.

1. Applications for supplementary protection certificates for medicines, an extension thereof, and of supplementary protection certificates for plant protection products shall be addressed to the Spanish Patent and Trademark Office in the standard model made available to users by the Office stating the statements and information specified in Community legislation such as regulations have been developed will be made.

2. Applications for supplementary protection certificates and its extension shall be subject to payment of the appropriate fee.

Article 46. Processing.

1. The Spanish Patent and Trademark Office will check if the license application and the product referred to or extension if necessary, meet the requirements of Community law. The Office will not investigate ex officio whether the marketing authorization is the first such medicine or plant protection product in the European Union.

2. If the application and the product covered by the certificate or its extension fulfill the conditions laid down in Community legislation, the Office of the grant. Otherwise defects will be communicated to the applicant to remedy them or submit its comments within established by regulation. When defects are not corrected in due time and the Office considers that the objections raised in the notification persist, the application is rejected.

The application and the final decision will be published in the "Official Bulletin of Industrial Property", according to what is prescribed provisions. Against decisions of the Office An appeal may be brought in accordance with the provisions of the legal regime of the Public Administrations and the Common Administrative Procedure and the first additional provision of this Act.

Article 47. Maintenance.

Maintenance rate supplementary protection certificate shall be made in one payment, the amount shall be based on the duration of the certificate.
CHAPTER V


Common to all procedures and information of third Provisions

Article 48. Modifications.


1. Except in cases where the case to correct obvious errors, the applicant may only modify the claims in those proceedings the award procedure as permitted in this Act, and subject to what is established by regulation. The possibility to amend the claims includes the power to amend the description and, if necessary, drawings or biological sequences.

2. The applicant may amend the claims, as provided in the preceding paragraph without the consent of those possessing rights in his application in the Patent Register.

3. Any change must be accompanied by a letter in which the applicant specify the differences between the new text and the replaced text indicating the reason for the modifications and scope thereof.

4. When the patent has been modified as a result of an opposition, limitation or appeal or a court order a new brochure, which contain the full text of the patent document as has been modified will be published being applicable the provisions of Article 43.5.

A lack of payment of the fee the patent void. If the procedure is limited, it is deemed not done.

5. The patent application or patent may not be amended so that its object beyond the content of the application as originally lodged.

6. In the opposition proceedings, or in case of limitation, the patent may not be amended so that the protection afforded expands.

Article 49. Rectification of errors.

At the request of the applicant changed expression or transcription defects or errors contained be allowed in any document of the application subject to the limitations established by regulation. However, if the request for rectification concerns the description, claims, drawings or biological sequences, the correction must be obvious in the sense that it appears immediately that no other text, drawing or sequence that resulting from the modification may have been proposed by the applicant.

Article 50. Suspension of proceedings.

The presence of defects in the documentation interrupt the procedure from which the applicant is notified of the existence of them, by the corresponding processing suspense until such defects are remedied or expiry of the deadline.

Article 51. Change mode.

1. At any time before the completion of the substantive examination time provided for in Article 39, the applicant may request the conversion of his application so that the object of it is protected under a title other than Industrial Property.

2. The Spanish Patent and Trademark Office as a result of the examination to be conducted under the provisions of Articles 35 and 40, the interested party may propose changing the application mode. The applicant may accept or reject the proposal, meaning that rejected if within the period specified in the regulation does not expressly ask the mode change.

If the proposal is rejected continue processing the case in the requested form.

3. In the event that the applicant requests the mode change, the change will be agreed then notified the documents to be filed within the prescribed period for the new procedure to have to submit the application. In the absence of timely submission of new documents will shall be withdrawn and so will be communicated.

4. Where the decision the change in form is taken after publication of the patent application, it shall be published in the "Official Bulletin of Industrial Property."

Article 52. Withdrawal of the application.

1. The patent application may be withdrawn by the applicant at any time before the patent is granted.

2. When you are registered in the Patent Register rights of third parties, such requests may only be withdrawn with the consent of the holders of such rights.

Article 53. Restoration of rights.


1. The applicant or holder of a patent or any other party to a procedure which, though having shown all due care required by the circumstances, could not have a deadline in any of the proceedings under this Act shall, upon request, restored to their rights if the failure has the direct consequence, by virtue of the provisions of this Act or its regulations, the loss of a right. In the event that the period corresponds to the bringing of an action, will result in admission to proceedings, except as provided in paragraph 5.

2. The application must be filed in writing within that first expire of the following:

I) two months from the removal of the impediment;

Ii) twelve months from the date of expiry of the omitted or procedure, where a request relates to non-payment of a maintenance fee, twelve months from the date of expiry of the period of six months payment surcharges that Article 185 refers

The omitted process must be completed within that period. However, in the event that the restoration of rights is requested for the period provided for in Article 30 of the petition shall be filed within the expiry thereof or before completion of the technical preparations for the publication of two months subsequent application, whichever period expires first.

3. The request must be accompanied by a statement of the facts and substantiation relied on their support. It has been filed only when the fee has been paid for restoration of rights.

4. It shall have jurisdiction request the body to make it to rule on the act which has not been completed.

5. The provisions of this Article shall not apply to the periods referred to in paragraph 2 of this Article and Articles 43.1 and 144. Nor shall apply to the period for bringing an administrative appeal against an act declaring rights.

6. The owner of the application or registration restored in their rights may not invoke them against a third party who, in good faith, in the period between the loss of the right and the publication of the mention of re-establishment of that right, had commenced to exploit the invention subject of the application or patent, or had made effective and serious preparations for that purpose, provided that the third party is limited to initiate or continue such exploitation in your company or for your business needs.

7. Against a decision restoring his rights the applicant may lodge an appeal, so the third party can benefit from the right to continue or to start operation of the invention under paragraph 6 as the third against whom the earlier rights may be invoked derived from the application under the restoration of rights.

8. The resolution restoring rights entered in the Patent Register and published in the "Official Bulletin of Industrial Property."

Article 54. Revision of the acts in administrative and contentious-administrative authority.

1. The acts and resolutions issued by the organs of the Spanish Patent and Trademark Office may be appealed in accordance with the provisions of this Act and Law 30/1992 of 26 November on the Legal Regime of Public Administration and Administrative Procedure common.

2. The decisions of administrative resources issued by the competent bodies of the Spanish Patent and Trademark Office to end the administrative route may be appealed before the Administrative Jurisdiction.

3. Faced with the decision to grant a patent, the Spanish Patent and Trademark Office may not exercise its own initiative or upon request by the reviewing authority under Article 102 of Law 30/1992 of November 26, if the annulment of the patent is based on any of the grounds provided for in Article 102 of this Law. Such causes of invalidity shall be enforceable in the courts.

Article 55. Inspection of files.

1. Files relating to patent applications, utility models or supplementary protection certificates not yet published may only be consulted with the consent of the applicant. After publication they may be consulted subject to the conditions established by regulation.


2. Any person who proves that the applicant for a patent, a utility model or a supplementary protection certificate has sought to assert against them rights deriving from the application may consult the file prior to publication without the consent of the applicant.

3. When a divisional application, a new patent application filed under the provisions of Article 11.1 or application following a change of mode of protection as set out in Article 51 is published, any person may consult the file of the application initial prior to publication without the consent of the applicant.

4. Dossiers for applications that have been denied, withdrawn or held by were abandoned before publication will not be accessible to the public.

5. In the event that re-submit one of the applications mentioned in the preceding paragraph shall be considered as a new application without prejudice to the right of priority that may arise from the previous application.

Article 56. Accessibility of biological matter.

1. The biological material deposited that Article 27 refers to be accessible:

A) Before the first publication of the patent application, only the person entitled to the file in accordance with the provisions of the preceding article.

B) Between the first publication of the application and the grant of the patent, any person who requests or only to an independent expert if so requested by the patent applicant.

C) After the grant of the patent, and although the patent expires or is canceled, any person who requests it.

2. Access will be by delivering a sample of biological material deposited, provided that the person requesting it undertakes for the duration of the effects of the patent:

A) not to provide to third parties any sample of the deposited biological material or material derived therefrom, and

B) Not to use any sample of the deposited biological material or derived therefrom, except for experimental purposes, unless expressly renounces the applicant or the patentee to that commitment.

3. In case of refusal or withdrawal of the application, access to the deposited material shall be limited, at the request of the applicant and for twenty years from the date of filing of the patent, an independent expert. In this case shall apply the provisions of paragraph 2

4. The applicant requests referred to paragraph b) of paragraph 1 and paragraph 3 may only be submitted to the date deemed completed technical preparations for publication of the patent application.

Article 57. Obligation to provide information to third parties.

1. Anyone who seeks to assert rights against a third party arising from a patent application or a patent already granted shall know the number of the same.

2. Who included in a product on their labels or packaging, or any kind of advertisement or printed, any mention giving the impression that there is protection of a patent application or a patent already granted shall state the number of the same.
TITLE VI


Effects of the patent and patent application

Article 58. Duration and calculation of effects.

The patent lasts twenty years without extension, counted from the date of filing of the application and shall have effect from the day the statement that has been granted is published.

Article 59. Prohibition of direct use of the invention.

1. The patent gives its owner the right to prevent any third party who does not have his consent:

A) The manufacturing, offering for sale, putting on the market or use of a product covered by the patent or importing or possessing the product for any of these purposes.

B) The use of a process covered by the patent or offering such use when the third party knows, or the circumstances make it clear that the use of the process is prohibited without the consent of the patent.

C) offering for sale, placing on the market or using the product directly obtained by the method of the patent or importing or possessing such product for any of these purposes.


2. When the patent is biological material that, by virtue of the invention possess certain properties, the rights conferred by the patent shall extend to any biological material derived from biological material patented propagation, identically or differentiated and possessing those same properties.

3. When the patent is a process that allows producing biological material which, by virtue of the invention possess certain properties, the rights conferred by the patent shall extend to biological material directly obtained by the patented process and any other biological material obtained from it by reproduction or multiplication, in identical or differentiated, and possessing those same properties.

4. When the patent is directed to a product containing genetic information or consisting of genetic information, the rights conferred by the patent shall extend, without prejudice to paragraph 4 of Article 5, any matter which it is incorporated the product and which is contained and performs its function of genetic information.

Article 60. Prohibition of indirect use of the invention.

1. The patent also gives its owner the right to prevent without their consent any third party delivers or offers to provide means for the implementation of the patented invention relating to an essential element thereof to persons not entitled to exploit, when the third party knows or make obvious the circumstances that such means are suitable for the implementation of the invention and are intended to it.

2. The provisions of the preceding paragraph does not apply when the means that it referred to are products that are currently in trade, unless the third party incites the person making the delivery to commit acts prohibited by the previous article.

3. No are considered persons entitled to exploit the patented invention, within the meaning of paragraph 1, those committing the acts specified in paragraphs a) to d) of the following article.

Article 61. General Limits and exhaustion of patent rights.

1. The rights conferred by the patent shall not extend:

A) acts done privately and for non-commercial purposes.

B) acts done for experimental purposes relating to the subject matter of the patented invention.

C) conducting studies and trials required for marketing authorization of medicines in Spain or outside Spain, and the consequential practical requirements, including the development, acquisition and use of the active ingredient for these purposes.

D) the preparation of drugs made in pharmacies and unit extemporaneously running a prescription nor acts concerning the medicine so prepared.

E) use of the subject of the patented invention on board vessels of countries of the Paris Union for the Protection of Industrial Property, in the body of the ship on the machines, gear, gadgets and in in the other accessories, when such vessels temporarily or accidentally in the Spanish waters, provided that the object of the invention to be used exclusively for the needs of the ship.

F) use of the subject of the patented invention in the construction or operation of means of transport, air or land, belonging to member countries of the Paris Union for the Protection of Industrial Property or accessories them, when those means of transport temporarily or accidentally in the Spanish territory.

G) the acts specified in Article 27 of the Chicago Convention on International Civil Aviation, done at Chicago on December 7, 1944, when such acts relate to aircraft of a country to which the provisions of that article are applicable.

2. The rights conferred by the patent shall not extend to acts relating to a product protected by it after the product has been put on the market in the European Economic Area by the patent owner or with his consent unless there are reasons legitimate to justify the patentee to oppose further commercialization of the product.


3. The rights conferred by the patent shall not extend to acts relating to biological material obtained by propagation of a protected object of the patent biological material after it has been placed on the market in the European Economic Area by the proprietor patent or with his consent, when propagation is the necessary result of the use for which it has been marketed that biological material, and provided that the material obtained is not subsequently used for other propagation or multiplications.

This limitation does not apply where there exist legitimate reasons for the proprietor of the patent to oppose further commercialization of biological matter.

Article 62. Exceptions rancher and farmer.

1. Notwithstanding Article 59, sale, or any other form of commercialization of plant propagating material by the holder of the patent or with his consent to a farmer for farming, will entail the right of the latter to use the product of his harvest for further propagation by himself on his own farm. The scope and modalities of this exception shall correspond to those provided for in Article 14 of Regulation (EC) No 2100/94, the Council of July 27, on Community protection of plant varieties and the Law 3 / 2000 of January 7, the legal regime for the protection of plant varieties.

2. Notwithstanding Article 59, sale or any other form of commercialization of breeding animals or animal reproductive material by the patentee or with his consent to a farmer or rancher, will involve the authorization to the latter to use protected livestock for agricultural purposes or livestock. This includes making the animal or other animal reproductive material for the farmer or rancher can pursue their farming or livestock, but not sale within the framework of a commercial reproduction activity or for the purpose. The scope and modalities of this exception correspond to those set by regulation.

Article 63. Rights derived from previous use.

1. The holder of a patent has no right to prevent those who in good faith and before the priority date of the patent had been exploited in Spain that would result form the subject of it, or had made effective and serious preparations to exploit the object, continue or start their operation in the same way that had been doing until then or for which they had made preparations and to the extent appropriate to meet the reasonable needs of your company. The exploitation rights are transferable only together with the companies that come to exercise.

2. The rights conferred by the patent shall not extend to acts relating to a product protected by it after the product has been put on the market by the person enjoying the right of exploitation set forth in the preceding paragraph.

Article 64. Failure to hedge against previous patents.

The holder of a patent may not invoke to defend against the actions against him for infringement of other patents that have an earlier priority date than that of yours.

Article 65. Dependent Patents.

The fact that the invention covered by a patent can not be exploited without using protected by an earlier patent belonging to another holder invention shall not preclude the validity. In this case, neither the owner of the earlier patent may exploit the subsequent patent during the term of this without the consent of the owner, or the owner of the later patent may exploit any of the two patents during the term of the earlier patent, not unless it has the consent of the same or has had a compulsory license.

Article 66. Legal limitations.

The exploitation of the object of a patent may not be conducted in an abusive or contrary to law, morals, public order or public health, and shall be subject, in any case, to prohibitions or restrictions, whether temporary or permanent, established or to be established by the laws.

Article 67. Provisional Protection.


1. From the date of its publication, the patent confers on its owner provisional protection consisting of the right to claim compensation, reasonable and appropriate to the circumstances, any third party who, between that date and the date of publication of mention that the patent has been granted had carried out a use of the invention after that period it would be prohibited under the patent.

2. That provisional protection shall also apply before the publication of the application against the person he had been notified of the filing and contents.

3. When the object of the patent application is made by a process concerning a microorganism, provisional protection shall only commence when the microorganism has been made available to the public.

4. It is understood that the patent application has never had the effects specified in the preceding paragraphs when it had been withdrawn or considered withdrawn or when they have been refused or revoked by virtue of a final decision.

Article 68. Scope of protection.

1. The scope of the protection conferred by the patent or patent application is determined by the claims. The description and drawings shall be used to interpret the claims.

2. For the period prior to the granting of the patent, the scope of protection is determined by the claims of the application as it has been published. This however, patent, as had been granted, or modified in the course of opposition proceedings, appeal, limitation or invalidity, shall determine retroactively the protection referred to, provided it has not been extended.

3. To determine the scope of protection under paragraphs 1 and 2 above shall be duly taken into account all equivalent to one indicated in the claims element.

Article 69. Scope of protection in process patents.

1. When introduced in Spain a product in relation to which there is a process patent for the manufacture of that product, the patentee will have with respect to product introduced the same rights as this Law grants you regarding products manufactured in Spain.

2. If a patent is directed to a process for the manufacture of new products or substances, it is presumed, unless proven otherwise, that any product or substance with the same characteristics has been obtained by the patented process.

3. In the practice of the proceedings to prove otherwise provided in the preceding paragraph the legitimate interests of the defendant for the protection of their business secrets and will be taken into consideration.
TITLE VII


Shares for violation of patent rights

Article 70. Defense of law.

The patentee may bring before the courts the appropriate action, whatever kind and nature, against those infringing their right and demand the necessary measures to safeguard.

Article 71. Civil actions.

1. The owner whose patent rights have been infringed may, in particular, seek:

A) cessation of acts that violate their rights, or prohibition if they have not yet been produced.

B) compensation for the damages suffered.

C) The seizure of the objects produced or imported in violation of their rights and the means exclusively used for such production or for carrying out the patented process.

D) attribution of the ownership of the objects or means seized under the provisions of the preceding paragraph where possible, in which case the value of the goods affected the amount of compensation for damages shall be charged. If that value exceeds the amount of compensation granted, the patentee shall compensate the other party for the excess.

E) The adoption of the necessary measures to prevent further infringement of the patent and, in particular, the transformation of objects or means seized under the provisions of paragraph c), or its destruction if this action essential to prevent infringement of the patent.

F) Exceptionally, the court may also, at the request of the patentee, order the publication of the conviction of the offender of the patent, to his cost, through advertisements and notifications to interested persons.


The measures contained in paragraphs c) and e) shall be executed by the infringer, unless substantial grounds for alleging not so.

2. The measures referred to in paragraphs a) and e) of the preceding paragraph may also be obtained, when appropriate, against intermediaries whose services are used by a third party to infringe patent rights, although the acts of these intermediaries do not constitute in themselves an infringement, without prejudice to the provisions of Law 34/2002 of 11 July, services of information society and electronic commerce. Such measures must be objective, proportionate and non-discriminatory.

Article 72. Estimates of compensation for damages.

1. Who, without consent of the owner of the patent, manufactures, imports or uses protected by the patented process objects shall be required in any case to answer for the damages caused.

2. All those who commit any other act of exploitation of the object protected by patent will only be required to compensate the damages caused if they had acted knowingly or mediating fault or negligence. In any case, it is understood that the offender has acted knowingly if he had been warned by the patentee about the existence of this, being properly identified and their infringement, with the requirement that they refrain therefrom.

Article 73. Exhibition of documents for the calculation of compensation.

1. In order to fix the amount of damages suffered by the unauthorized exploitation of the invention, the patent holder may require the exhibition of documents charge that can used for that purpose.

2. In implementing this measure the legitimate interests of the defendant for the protection of their business secrets and business, without prejudice to the right of the patentee to have the information necessary will be taken into consideration in order to determine the scope of compensation in his favor when research is carried out for this purpose under implementation of the resolution on the merits has appreciated the infringement.

Article 74. Calculation of damages and compensation coercive.

1. Compensation for damages due to the patentee include not only the value of the loss sustained, but also the gain has ceased to get the owner because of the violation of his rights. The compensatory amount may include, where appropriate, research costs in incurred to obtain reasonable evidence of the commission of the offense subject of legal proceedings.

2. To determine the compensation for damages is taken into account, at the choice of the injured:

A) The negative economic consequences, including the profits the owner could foreseeably have earned from the exploitation of the patented invention if there had been no competition offender or alternatively, the latter benefits obtained from the exploitation of the invention proprietary. In the case of moral prejudice shall their compensation, not yet proven the existence of economic damage.

B) A lump sum at least understand the amount that the infringer would have paid to the patentee by the granting of a license that would have allowed it to carry out its operation according to law. For fixing will be taken into account, in particular, among other factors, the economic importance of the patented invention, the lifetime that will subtract the patent at the time of the offense and the number and kind of licenses granted at that time began.

3. Where the court considers that the owner does not comply with the obligation to work the patent established in Article 90 the profits lost shall be fixed in accordance with the provisions of paragraph b) of the preceding paragraph.

4. When you order the cessation of acts that infringe a patent the Court shall fix a penalty in favor of compensation appropriate to the circumstances elapsed until the effective cessation of the infringement occurs claimant day. The final amount of this compensation, which shall accrue which corresponds perceive generally under paragraph 2, as well as the day from which the obligation to pay compensation shall be fixed on execution, in accordance with provisions of Law 1/2000 of 7 January on Civil Procedure.


5. The proceedings relating to the calculation or measurement and liquidated damages in accordance with the criteria established in this article will be carried out from the basis set out in the judgment in the manner provided in Chapter IV of Title V of Book III of the Act Civil Procedure.

Article 75. Incidence of commercial profits.

1. To set the lost profit according to the criteria set out in Article 74.2 may be included in the calculation of benefits, in proportion as the court deems reasonable, those produced by the exploitation of those things that invented object constitutes part essential from the commercial point of view.

2. It is understood that the invented object is an essential part of a well from the commercial point of view when considering the invention incorporation constitutes a determining factor demand for such property.

Article 76. Severance disrepute.

The holder of the patent may also require compensation for the damage involving the discrediting of the patented invention caused by the offender for any reason and, in particular, as a result of defective manufacture or unsatisfactory presentation of the market .

Article 77. Deduction of compensation already received.

Of compensation due for who has produced or imported without consent of the patent-protected objects the same compensation it has received for the same concept of who exploited otherwise be deducted the same object.

Article 78. Prescription and limit the exercise of the shares.

1. Civil actions arising from the infringement of the patent right shall be five years from the time that could have been exercised.

2. The patent holder may not exercise the actions set out in this Title against those who exploit the objects that have been introduced commercially by persons who have adequately compensated him for damages caused.
TITLE VIII


Patent application and patents as objects of property rights
CHAPTER
I

Registration, joint ownership and expropriation

Article 79. Registration in the Register of Patents.

1. In the Patent Register shall be entered in the manner prescribed by regulation, both patent applications and patents already granted.

2. Except as provided in Article 13.1, transmission, licenses and other legal acts or business, whether voluntary or compulsory, affecting patent applications or patents already granted, shall only have effect against third parties in good faith from which it has been recorded in the Patent Register. Reglamentariamente form and necessary documentation for such registration shall be established.

3. They may not be invoked against third parties rights to patent applications or patents that are not properly registered in the Patent Register. Neither may products mention a patent application or a patent who has not enrolled a sufficient right to make such mention. Acts performed in violation of the provisions of this paragraph shall be punished as acts of unfair competition.

4. The Spanish Patent and Trademark assess the legality, validity and effectiveness of the acts have to be registered in the Patent Register. The Patent Register will be public.

5. Registered in the Patent Register any of the duties or charges referred to in Article 81.1, you can not register any other date on or before which opposes or incompatible with it. If only any recorded the registration form, you can not register any other right or encumbrance incompatible until that is resolved.

Article 80. Joint Ownership.

1. When the patent application or the patent granted already belong pro undivided several people, the resulting community by the rules of common law on be governed by agreement between the parties, failing that by the provisions of this article and ultimately community of goods.

2. However, each of the participants itself may only:

A) Have the part belonging to him, notifying the other parties that they may exercise their rights of first refusal. The deadline for exercising the right of first refusal shall be two months, starting from the sending of the notification and the withdrawal of one month from the registration of the assignment in the Patent Register.


B) Exploit the invention prior notification to the other joint owners.

C) carry out the acts necessary for the preservation of the application or patent.

D) bring civil or criminal actions against third parties who in any way injure the rights arising from the application or the common patent. The party exercising such action shall be obliged to notify the other parties of the action undertaken so that they can join the action.

3. Licensing to a third party to exploit the invention shall be jointly granted by all participants, unless the court for reasons of equity, given the circumstances, empower any of them to grant the said license || |
Article 81. Expropriation.

1. Any patent application or patent already granted may be expropriated for reasons of public utility or social interest, with just compensation.

2. Expropriation may be in order that the invention falls into the public domain and can be freely exploited by anyone, without the need to apply for licenses, or in order to be exploited exclusively by the State, which will acquire, in this case, the ownership of the patent.

3. Public utility or social interest will be declared by law ordering the expropriation, which will have if the invention is to fall into the public domain or if the State has acquired ownership of the patent or application. The procedure to be followed shall conform in all, including fixing of fair compensation, the general procedure laid down in the Act of 16 December 1954 on Expropriation.
CHAPTER II


Transfer, Licensing and Liens

Article 82. General principles.

1. Both patent applications and patent are transferable and may be given as security or be the subject of other rights, licenses, purchase options, foreclosures, business or other legal measures resulting from enforcement proceedings. In the event that a chattel mortgage be provided, it shall be governed by specific provisions and entered in the fourth section of the Property Registry with notice of such registration to the Patent Register for inclusion in it. For this purpose both records will be coordinated to communicate electronically registered or recorded liens on them.

2. The events in the preceding paragraph refers to, when performed inter vivos shall be in writing to be valid.

3. For the purposes of assignment or encumbrance patent application or patent already granted they are indivisible, although they belong jointly to several persons.

4. The provisions of this Chapter are without prejudice to the rules relating to the content and limits of the transfer agreements and licensing intangible property taxes in other national laws that are applicable, or application by the national Community bodies or relevant, of the provisions laid down in Community regulations concerning the application of paragraph 3 of Article 101 of the Treaty on the Functioning of the European Union to certain categories of technology transfer agreements.

Article 83 Contractual licensing.

1. Both patent application and patent may be licensed in whole or in any of the element constituting the exclusive right, for the entire national territory or a part thereof. Licenses may be exclusive or non-exclusive.

2. They may exercise the rights conferred by the patent or application against a licensee who contravenes any license limits established under the provisions of the preceding paragraph.

3. Holders of contractual licenses may not transfer them to third parties or sublicense unless otherwise has been agreed.

4. Unless otherwise agreed, the holder of a contractual license shall be entitled to perform all acts that make up the exploitation of the patented invention, in all its applications, throughout the national territory and throughout the duration of the patent.

5. It is presumed that the license is not exclusive and that the licensor may grant other licenses and exploit the invention itself.

6. Exclusive licenses shall prevent the granting of other licenses and the licensor may only work the invention if the contract had expressly reserved that right.

Article 84. Technical knowledge.


1. Unless otherwise agreed, who transmit a patent application or a patent or grant a license on them, is required to make available to the purchaser or licensee the technical knowledge possessed which are necessary to conduct proper exploitation of the invention.

2. The transferee or licensee to whom secret data has been communicated shall be obliged to take the necessary measures to prevent disclosure.

Article 85. Liability of the transferor and the licensor.

1. Who forward for consideration a patent application or a patent already granted or grant a license on them will respond, unless otherwise agreed, if subsequently declared that it lacked ownership or the powers necessary to carry out the business that concerned. When he retires or the application is rejected, the patent is revoked or declared invalid shall apply in any case the provisions of Article 104.3, unless it has been agreed upon greater responsibility for the transferor or licensor.

2. The transferor or licensor shall be liable when acted in bad faith. Bad faith, unless evidence is presumed contrary, when there is any disclosed to the other contracting party, removed from the contract with specific mention of documents, reports or resolutions, Spanish or foreign, that available or known its existence concerning the patentability of the invention subject of the application or patent.

3. The actions referred to the preceding paragraphs shall be six months from the date of the final decision or judgment on which it firm foundation. They shall apply the same rules of the Civil Code on compensation for eviction.

Article 86. Third Party Liability.

1. Who transmit a patent application or a patent already granted or grant a license on them, jointly and severally liable with the transferee or the licensee of compensation that might arise as a result of damages caused to third parties by defects inherent in the invention subject of the application or patent.

2. The party making the payment of compensation to the previous section applies may repeat the responsible declared amounts paid, unless it is otherwise agreed, he has acted in bad faith or, given the circumstances and for reasons of equity, should be he who support all or part of the compensation in favor of third parties.
CHAPTER III



Full licenses
Article 87. Licenses of right.

Licenses of right are those resulting from a public offering of non-exclusive contractual licenses, made by the patentee, in accordance with the provisions of this Chapter.
Article 88. Offering
licenses of right.

1. If the holder of the patent offers of licenses of right, declaring in writing to the Spanish Patent and Trademark Office is willing to authorize the use of the invention to any interested party, as a licensee, half will be reduced the amount of the annual fees earned by the patent after receipt of the statement. When a complete change of ownership of the patent as a result of the exercise of the legal proceedings under Article 12 occur, the offer is deemed to have been withdrawn when the new owner in the Patent Register. The Spanish Patent and Trademark entered in the Register of Patents and shall give appropriate publicity to offers of licenses of right.

2. The offer may be withdrawn at any time by a written notification addressed to the Spanish Patent and Trademark Office provided that no person has informed the owner of the patent its intention to use the invention. The withdrawal of the offer will be effective from the date of notification.

3. The amount of the reduction of charges which it has taken place since the offer was communicated to the removal thereof shall be paid within the month following the withdrawal of the offer. Shall apply to this case the provisions of Article 184.3, and the period of six months it is expected from the completion of the aforementioned period.


4. He may not be offering licenses of right when figure registered in the Patent Register an exclusive license or when it has been filed an application for registration of a license of that class. Once presented the offer of licenses of right, you can no application for registration of an exclusive license in the Patent Register, unless it is withdrawn or is deemed withdrawn the offer.

5. Acceptance of a public offering licenses of right entitles any person to use the invention as a non-exclusive licensee.

Article 89. Licensing of right.

1. Anyone wishing to use the invention on the basis of offering licenses of right shall notify the Spanish Patent and Trademark Office indicating use to go to be made of the invention. The Spanish Patent and Trademark Office shall forward the notification to both the patentee and the applicant.

2. The license applicant is entitled to use the invention in the form indicated within one month from the receipt of the notification that he has been sent by the Spanish Patent and Trademark Office.

3. In the absence of agreement between the parties within the period specified, the Spanish Patent and Trademark Office, at the written request of either party and after hearing both, set the appropriate amount of compensation to be paid by the licensee or modify it I will have occurred or have become known facts which appear to be manifestly inadequate amount established. It can only be ordered compensation to be modified so established after one year since it was previously fixed last time. For the request to fix or modify the compensation must be considered as duly submitted has been paid the appropriate fee.

4. At the end of each quarter of the calendar year, the licensee shall inform the owner of the patent on the use he has made of the invention and shall pay the corresponding compensation. If you do not fulfill those obligations, the patentee may grant an additional period that is reasonable for the meet. After the deadline, the license substantiated request by the holder of the patent will be canceled.
TITLE IX


Obligation to exploit and compulsory licenses
CHAPTER
I

Obligation to exploit the invention and requirements for compulsory licensing

Article 90. Obligation to explode.

1. The patentee is obliged to exploit the patented invention either by itself or by a person authorized by him through his execution in Spain or in the territory of a Member State of the World Trade Organization, so that the working is sufficient to supply demand in the Spanish market.

2. The operation must be carried out within four years from the filing date of the patent application or three years from the date of its grant is published in the "Official Bulletin of Industrial Property" automatically whichever period expires later.

3. Proof that the invention is being exploited in accordance with paragraph 1 is for the patentee.

Article 91. Cases of compulsory licensing.

Shall the compulsory licensing of a patent determined when any of the following cases:

A) failure or insufficiency of exploitation of the patented invention.

B) dependency of patents, or between patents and plant variety rights.

C) The need to put an end to practices that a final administrative or judicial decision declared contrary to national or Community legislation of competition.

D) existence of reasons of public interest for the concession.

E) Manufacture of pharmaceutical products for export under Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on the compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems.

Article 92. Compulsory licenses for lack or insufficiency of exploitation.


1. Once the period provided for in Article 90 to start the exploitation of the patented invention is complete, any person may request the grant of a compulsory if license at the time of the request, unless there are legitimate excuses, has not started operating the patent or when such exploitation, after such period, has been discontinued for more than a year.

2. Be considered Legitimate excuses, beyond the will and circumstances of the patentee objective difficulties of a legal technical nature, make it impossible to work the invention or prevent its exploitation is greater than it is.

Article 93. Compulsory cross-licensing.

1. Where it is not possible to exploit the invention protected by a patent without harming the rights conferred by a patent or a right of prior plant variety right, the owner of the later patent may apply for a compulsory license for exploiting the subject matter of the patent or the variety of subject matter of prior plant variety, by paying an appropriate fee.

2. Where it is not possible to exploit a plant variety right without prejudice to the rights conferred by an earlier patent, the breeder may apply for a compulsory license to exploit the invention protected by the patent, upon payment of an appropriate fee.

3. If a patent had to a process for obtaining chemical or pharmaceutical substance protected by a patent in force, both the owner of the process patent as the product patent shall be entitled to obtain a compulsory license for the patent of another holder.

4. Applicants for the licenses referred to above paragraphs shall demonstrate:

A) That the invention or variety represents significant technical progress of considerable economic significance in relation to the invention claimed in the earlier patent or protected by the right of prior plant variety variety.

B) They have tried, but failed within a reasonable period, obtaining the patent holder or prior plant variety right, a contractual license on the terms provided in Article 97.1.

5. Where appropriate the grant of a compulsory-license, also the holder of the patent or the right of prior plant variety may apply for the award, under reasonable conditions, of a license to use the invention or variety protected by the patent or the plant variety right back.

6. The compulsory cross-licensing will be granted only with the need to allow exploitation of the protected by the patent, or the variety protected by the plant variety right concerned invention contained, and remain without effect declared invalid or expiry of any of the titles including dependence is given.

7. The processing and resolution of applications for compulsory cross-licensing for non-exclusive use of a patented invention shall be governed by the provisions of this Act. The processing and resolution of applications for compulsory cross-licensing for the use of protected by a variety breeder's right shall be governed by specific legislation.

Article 94. Compulsory licenses to remedy anti-competitive practices.

1. The final administrative or judicial decision which has declared the violation of competition law by the patentee be communicated to the Spanish Patent and Trademark Office by the National Commission Markets and Competition or the judge or court the Hague issued.

2. When the resolution directly decreeing the subject of the patent to compulsory licensing, the Spanish Patent and Trademark Office shall publish in the "Official Bulletin of Industrial Property" and proceed in accordance with the provisions of Articles 98 and 99 of this Act.

3. Not be accurate in this case the justification of prior negotiation between the patentee and the potential user, applicant for the compulsory license. The need to correct anti-competitive practices may be taken into account when determining the license fee.

4. Without prejudice to the provisions of the preceding paragraphs, when the Government considers that there are public interest reasons to end anti-competitive practices, the subject of the patent to compulsory licensing may be granted by royal decree in accordance with the provisions of Article following.


Article 95. Compulsory licenses on grounds of public interest.

1. For reasons of public interest, the Government may, at any time, a patent application or a patent already granted, to compulsory licensing, in that respect by Royal Decree.

2. It will be considered in any case that there are grounds of public interest when:

A) The initiation, increase or generalization of the working of the invention or improvement of the conditions under which it is being worked, are of paramount importance to public health or national defense.

B) The lack of work or the insufficient quality or quantity of working leads to serious prejudice to the economic or technological development of the country.

C) national supply needs so require.

3. The royal decree referred to in paragraph 1 shall be agreed on a proposal of the Ministry of Industry, Energy and Tourism. In cases where the importance of working the invention relates to public health or national defense, the proposal must be made in conjunction with the Minister responsible for health or defense, respectively.

4. The Royal Decree on the subject of the patent to compulsory licensing may be established directly, in whole or in part, scope, conditions and license fee in the cases provided for in Article 97.2, or refer the setting of such conditions to appropriate proceedings before the Spanish Patent and Trademark expected in the next chapter to its realization in the resolution granting the license.

5. When subject to compulsory licensing for reasons of public interest due to its importance to national defense may reserve the possibility of applying for such licenses to one or more specific companies.
Article 96.
mandatory for the manufacture of medicinal products intended for countries with public health problems Licenses.

1. Applications for compulsory licenses submitted pursuant to Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on the compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems shall be addressed to the Spanish Patent and Trademark Office, in standard models established for this purpose. The licenses shall be determined under the provisions of Regulation (EC) No 816/2006 and shall be governed by the provisions of the same.

2. The license shall take effect from the date on which the decision is notified that the grant applicant and the holder of the right, whichever is the later. The decision granting the license shall establish the canon of it. The license may be revoked by the Spanish Patent and Trademark Office if the licensee does not fulfill the conditions under which it was granted in accordance with the provisions of Article 16 of Regulation (EC) No 816/2006.

3. Notwithstanding any other legally provided any infringement of the prohibition contained in Article 13 of Regulation (EC) No 816/2006 and Article 2 of Regulation (EC) No 953/2003 of 26 result May 2003 to avoid trade diversion into the European Union of certain key medicines, be considered an infringement of the patent on which the license.
CHAPTER II


Procedure for granting compulsory licenses

Article 97. Justification previous license applicant.

1. Prior to the request for a compulsory license, the applicant must prove that he has tried, without success within a reasonable period, obtaining the patent holder a contractual license on reasonable commercial terms and conditions. For licenses under Article 96, and unless the circumstances provided for in Article 9.2 of Regulation (EC) No 816/2006 referred to in paragraph 1 of the preceding article, this term will in any case thirty days prior to the filing of the application.

2. The provisions of the preceding paragraph shall not apply:

A) In cases of national emergency or other circumstances of extreme urgency.

B) In cases of public non-commercial use.

C) In the case referred to in subparagraph c) of Article 91.

Article 98. Application for the license.


1. The application for a compulsory license, addressed to the Spanish Patent and Trademark Office in the standard model to be established for that purpose, it shall be accompanied by evidence attesting the prior attempt contractual license, except in cases provided for in paragraph 2 previous article. The application shall be subject to payment of the appropriate fee.

2. The applicant further clarify its request shall state the circumstances justify it, provide the evidence available in support of their claims, and demonstrate that they have the means and guarantees sufficient to carry out a real and effective exploitation of the patented invention in accordance with the purpose of the license.

Article 99. Processing and resolution.

1. The Spanish Patent and Trademark Office shall transmit a copy of the application with accompanying documents to the patentee, to reply within a maximum period of one month. The answer must be accompanied by evidence substantiating the allegations made. If the patent holder does not respond within the period, the Office shall grant the license.

2. When valued the arguments and evidence submitted, the Spanish Patent and Trademark Office considers that the circumstances warranting the granting of the license is given, it will invite the parties to that within two months appoint a common mediator or, default, each name an expert who, together with a third expert appointed by the Federal Office agree the conditions thereof.

3. Failing agreement on the appointment of a mediator or expert, or the conditions of the license within two additional months, the Spanish Patent and Trademark Office will decide on the granting of the license and decide accordingly.

4. The decision granting the license shall specify its contents. In particular, it shall determine the scope of the license, the fee, the duration, the guarantees to be provided by the licensee, and any other clauses that ensure your compliance with the conditions justifying the granting of the license.

5. During the processing of the application, the Spanish Patent and Trademark office can perform the actions that are relevant and could be helpful to decide on the granting of the license. That Office may suspend processing once justified request of both parties, in the circumstances specified in the Implementing Regulations of this Law.

6. The resolution will determine the costs are to be borne by each party, which will be caused by the request. Common expenses will be paid by half. You may be imposed payment of all expenses to a party when declared to have acted imprudently or in bad faith.

7. The filing of an administrative or judicial appeal against the decision to terminate the proceedings shall not suspend the execution of the contested act, but the Spanish Patent and Trademark Office may authorize the licensee upon request by him, to delay the start of operations to that is firm granting the license.
CHAPTER III


Compulsory licensing scheme

Article 100. Features of compulsory licensing.

1. Compulsory licenses shall not be exclusive.

2. The license shall entail adequate remuneration in the circumstances of each case, given the economic importance of the invention.

3. If the patent falls on semiconductor technology compulsory licenses may only be aimed at public non-commercial use or to rectify a practice declared anti-competitive after judicial or administrative procedure.

4. The Relations between the patentee and the licensee in connection with the grant of a compulsory license must comply with good faith. For the holder of the patent, the application of this principle include the obligation to make available to the licensee who possesses expertise and are necessary to conduct proper commercial exploitation of the invention.


In case of violation of this principle, declared by judgment, by the patentee, the licensee may request the Spanish Patent and Trademark Office to reduce the fixed fee for the license, in proportion to the importance have for the exploitation of the invention the unfulfilled obligation. If the performance of the licensee contrary to good faith contractual declared under the same conditions, the licensor may request of the Federal Office for the extinction of the compulsory license.

5. Compulsory licenses shall include the supplementary protection certificates granted that license or later fall on the subject of the basic patent within the scope of the compulsory license.

6. As not contrary to the provisions of this Title or Community rules shall apply to compulsory licenses established standards for contractual licenses provided in Title VIII, Chapter II, of this Act.

Article 101. Assignment, modification and cancellation of compulsory licensing.

1. For the assignment of a compulsory license is valid, it will require that the license is transferred together with the company or the company that the patented invention and the transfer shall be noted by the Spanish Patent and Trademark Office. case of licenses for dependent patents is also necessary that the license is transferred together with the dependent patent.

2. It is void in any case, sublicensing by the holder of a compulsory license.

3. Both the licensee and the patent owner may request from the Spanish Patent and Trademark modification canon or other conditions of the compulsory license when new facts justifying the change, especially when the patentee grants , after the compulsory license, contractual licenses unjustifiably more favorable than those of that condition.

4. If the licensee fails seriously or repeatedly to fulfill any of the obligations under the compulsory license, the Spanish Patent and Trademark Office, after hearing the affected party, ex officio or at the request of an interested party, may cancel the license.
TITLE X


Annulment, revocation and expiration of the patent
CHAPTER
I
Nullity


Article 102. Grounds for invalidity.

1. the invalidity of the patent shall be declared:

A) Where warranted is not fulfilled, regarding the object of the patent, any of the requirements of patentability contained in Title II of this Act.

B) When not describe the invention sufficiently clearly and completely so that you can run an expert on the subject.

C) where the subject matter beyond the content of the patent application as filed, or if the patent has been granted as a result of a divisional application or as a result of an application based on the provisions Article 11, when the object of the patent beyond the content of the initial application as filed.

D) When it has extended the protection conferred by the patent after grant.

E) When the patentee is not entitled to obtain it pursuant to Article 10.

2. If the causes of invalidation only affect part of the patent it shall be limited by modifying the claim or claims affected and be declared partially invalid. For this purpose, in the response to allegations of invalidity the patentee, without prejudice to defend primarily the validity of the granted claims, may defend the alternative gambling or games of claims propose in the reply.

Article 103. Exercise of the nullity action.

1. It is public action to challenge the validity of the patent. This however, in the case referred to in paragraph 1, paragraph e) of the preceding article may only apply for a declaration of invalidity the person authorized to obtain the patent.

2. The nullity action may be brought during the legal life of the patent and during the five years following the forfeiture.

3. The action is always directed against anyone registered owner of the patent at the time of the filing of the complaint, and it must be notified to all holders of rights duly registered patent in the Patent Register in order that they can and take part in the process.


4. In the invalidity proceedings the patentee may limit the scope thereof modifying the claims. The patent thus limited, will form the basis of the procedure.

5. You can not sue in the civil courts to invalidate a patent, invoking the same grounds that had already been pronouncement on the merits of the issue, ruling in the administrative route, on the same facts alleged as grounds for invalidity.

Article 104. Effects of the declaration of nullity.

1. The declaration of invalidity implies that the patent has never been valid and that neither the patent nor the request originated never have had the effects provided for in Title VI of this Act, to the extent that has been declared invalid.

2. The invalidity of the patent determine their complementary certificates to the extent affecting the rights to the product protected by the basic patent based the granting of those.

3. Without prejudice to compensation for damages that might arise when the patent owner acted in bad faith, the retroactive effect of invalidity shall not affect:

A) A decision on infringement of the patent that have become res judicata and been enforced prior to the declaration of nullity.

B) contracts concluded before the declaration of nullity, to the extent that they had been executed prior to it. This however, for reasons of fairness and to the extent justified by the circumstances, be possible to claim repayment of sums paid under the contract.

4. A firm time the declaration of invalidity of the patent shall become res judicata against all.

5. The decision declaring the nullity, in whole or in part, the patent shall, in any case, communicated to the Spanish Patent and Trademark Office for cancellation of registration or change of registered title is appropriate.
CHAPTER II


Revocation or limitation on application by the patentee

Article 105. Petition for revocation or limitation.

1. At the request of the owner, whose concession is firm patent may be revoked or limited by amending the claims at any time of their legal life, including the duration of the SPCs to you.

2. The request for revocation or limitation addressed to the Spanish Patent and Trademark Office, shall be made on the official form established for this purpose and shall be deemed validly made only upon payment of the appropriate fee.

3. revocation or limitation of a patent on which real rights, purchase options, attachments or licenses in the Patent Register without stating the consent of the holders of such rights shall be permitted. Neither the request for revocation or limitation is permitted if figurase registered in the Patent Register filing a lawsuit claiming ownership of the patent or the recognition of other economic rights the same as not containing the consent of the plaintiff.

4. When court proceedings on the validity of the patent and without prejudice to the provisions of Article 120 is pending, the request for limitation, addressed to the Spanish Patent and Trademark Office, it will be authorized by the judge or court hearing the process.

Article 106. Procedure.

1. The Spanish Patent and Trademark Office will check the regularity of the documents presented and examine whether, where appropriate, the amended claims are in accordance with the provisions of Articles 28 and 48.

2. If the documentation is defective or if the new set of claims does not limit the object of the patent, objections are communicated to the applicant, indicating the reasons for it correct defects or present its case within the period prescribed by regulation. The request will be denied if the defects are not corrected in time. There being no objections, or overcome them, it shall be settled by agreeing requested the revocation or limitation.

Article 107. Effect of revocation or limitation.

1. The effects of revocation or limitation are the same as those of the total or partial annulment. The amended claims retroactively determine the scope of the protection conferred by the patent.

2. The effects of revocation or limitation of previous resolutions and contracts concluded prior to the resolution that declared shall be those provided in Article 104.
CHAPTER III



Expires

Article 108. Grounds for revocation.

1. Patents expire:

A) For the expiration of the period for which they may have been granted.

B) renunciation by the owner.

C) lack of timely payment of an annuity and, where applicable, the corresponding surtax.

D) If the invention is not exploited in the two years following the granting of the first compulsory license.

E) Breach of the obligation to operate under Article 90, when the patentee can not benefit from the provisions of that Paris Convention for the Protection of Industrial Property, of March 20, 1883 or the TRIPS Agreement, done at Marrakesh on 15 April 1994 and normally resident or has its industrial or commercial establishment in a country whose laws permit the adoption of a similar measure.

2. Without prejudice to its declaration by the Spanish Patent and Trademark Office and publication in the "Official Bulletin of Industrial Property ', the expiration of a patent incorporates patented the public domain object from the time the acts or omissions occurred which led to it, except the part where the same object protected by an earlier patent still in force. It shall apply to the expiration of the basic patent for any of the grounds specified in 1.b) sections to 1.e), and from the moment this, the provisions of Article 104.2 respect to invalidity occurs.

3. In the case of non-payment of an annuity, it is understood that the omission giving rise to the forfeiture occurred at the beginning of the year of the life of the patent for which was not paid annuity. Notwithstanding the provisions of the preceding paragraph, the expiration will not occur in this case later than six months of delay without having paid the annuity and the corresponding surtax, or if applicable, the corresponding rate adjustment.

4. In the case of paragraph d) of paragraph 1, the expiration will be declared following examination by the Spanish Patent and Trademark Office of the administrative file.

Article 109. Termination for nonpayment in due time of an annuity.

1. When there are registered liens on a patent or a claim of ongoing and its owner not been paid in due time an annuity, the patent will not expire until the lifting of the embargo or final dismissal of the action for repossession. The patentee may nevertheless embargoed avoid expiration paying annuities accrued within two months from the date on which he communicates the cancellation of the embargo.

2. If as a result of the procedures in the preceding paragraph refers to is a change in ownership of the patent the new owner may pay the annuities accrued within two months from the date on which the judgment on the action vindicating had won firmness or from the competent authority or court had notified the Spanish patent and Trademark Office the final award of the patent embargoed.

3. After the periods specified in paragraphs 1 and 2, the patent will expire if it has not made the payment.

4. Nor will expire a patent for failure to pay timely an annuity when you are registered in the Patent Register a chattel mortgage on it. The mortgage holder may make payment on behalf of its owner within one month from the deadline of surcharges under Article 185. They may also make payment under the same conditions other rights holders registered on patent that could be affected by its expiry, without prejudice to their right to repeat against the patentee the amounts paid.

When the mortgage has been constituted in favor of the Treasury payment shall be suspended until the cancellation of the same, without the patent expiry occur for nonpayment of outstanding annuities, which must be paid either by the patentee who mortgaged it, either by whoever is the new owner after the execution of the mortgage guarantee by the administrative enforcement procedure.

Article 110. Waiver.

1. The holder may waive all or one or more patent claims hereof.

2. The resignation, addressed to the Spanish Patent and Trademark Office shall be in writing and shall only have effect against third parties once registered in the Patent Register.


3. Where renunciation is partial, the patent remains in force with reference to the claims not covered by the waiver, provided that the renunciation does not involve extending the scope of the patent.

4. the resignation of a patent on which real rights, purchase options, attachments or licenses in the Patent Register without stating the consent of the holders of such rights shall be permitted. Neither the resignation be accepted if it existed in a claim of ownership or invalidity of the patent and does not consist consent of the plaintiff.

5. The waiver of the patent shall be published in the "Official Bulletin of Industrial Property." When partial waiver will be released on payment of the appropriate fee, a new specification of the patent in accordance with what is prescribed provisions.
TITLE XI


Patents of interest for national defense

Article 111. Subjection to secrecy.

1. The contents of all patent applications will remain secret until one month after the date of submission. Before the end, the Spanish Patent and Trademark extend this period up to four months if it considers that the invention may be of interest to national defense, notifying the extension of the applicant and immediately making available to the Ministry of Defense copy of the application filed patent.

2. To these effects the necessary coordination between the Ministry of Defense and the Spanish Patent and Trademark Office will be established for determining when an invention may be of interest to national defense. The Ministry of Defence will meet under the regime of secrecy all applications.

3. When the interests of national defense so requires, the Defense Ministry will request the Spanish Patent and Trademark Office for before the end of the period specified in paragraph 1 decreeing the secret processing and make notification to the applicant.

4. While the patent application or patent is subject to secrecy by the applicant or the owner shall refrain from any action that might allow the knowledge of the invention by unauthorized persons. The Defense Ministry, at the request of the holder, may authorize acts leading to the total or partial exploitation of the subject of the application or patent, stating the conditions shall be subject to such acts.

5. The Spanish Patent and Trademark prior approval by the Ministry of Defence, will lift the secrecy imposed on an application or a specific patent.

6. Those patent applications or patents that have been declared secret in a country belonging to the North Atlantic Treaty and vindicating the right of priority be presented in Spain, will remain in solitary secret while has not raised such a system in the country he said. Such applications may not be withdrawn without the express permission of the authority declared secret.

Article 112. Processing.

1. Patent applications subject to secrecy regime follow a similar process to those not secret except with respect to disclosure and publication reporting procedures in any case the Ministry of Defence and the owner of the application or his representative.

2. While the regime of secrecy is maintained deadlines that are computed for the applicant from the publication of the report on the state of the art begin to run from the Spanish Patent and Trademark Office to communicate the possibility of actions subject to these deadlines.

3. The period of time for opposition to the grant of the patent will not open until once lifted the secrecy regime the grant is published in the "Official Bulletin of Industrial Property."

Article 113. Maintaining the secrecy regime.

The patent whose award was handled in secrecy shall be entered in a register Secret of the Spanish Patent and Trademark Office, and will remain at that same rate for one year from the date of grant. The extension of this period must be renewed annually, by notification to the patentee.

Article 114. Annuity and compensation.

1. Secret patents shall not be subject to the payment of annual fees.


2. The patentee may claim from the State compensation for the time kept secret. This compensation, which may be claimed for each completed year shall be agreed between the parties. If not reach an agreement, compensation shall be fixed judicially taking into account the importance of the invention and the profits the owner could obtain from the free exploitation of it.

3. If the invention object of the patent is disclosed by fault or negligence of the holder shall lose the right to compensation, without prejudice to the criminal liability that might arise.

Article 115. Requests abroad.

1. For the purposes of the provisions of the preceding articles, in the case of inventions made in Spain and not the priority of an earlier application is claimed in Spain may not be applied patent in any foreign country before the expiration of the period specified in Article 111.1, except that had been made with the express authorization of the Spanish Patent and Trademark Office. This authorization may be granted for inventions that are of interest to national defense unless the Ministry of Defence expressly authorized.

2. The request for authorization must be formalized, according to what is statutorily available, presenting the Spanish Patent application with the necessary documents for the Office to proceed to carry out the examination under Article 111.1 in conditions of secrecy. The Office may require the filing of a translation if necessary.

In the event that the invention is not of interest to national defense, and its presentation outside Spain does not contravene the provisions of international agreements on defense signed by Spain, the Spanish Patent and Trademark Office will notify the applicant within a maximum period of one month, authorizing him to present it as first application abroad. The authorization is deemed granted if within that period the Bureau has not acted on the matter.

3. When the applicant is domiciled, headquarters or habitual residence in Spain is presumed unless proven otherwise, that the invention was made in Spanish territory.
TITLE XII

Jurisdiction and procedural rules

CHAPTER
I
General provisions


Article 116. Jurisdiction.

Knowledge of all disputes arising as a result of the exercise of actions of any kind and nature whatsoever, arising from the application of the provisions of this Act, it shall be according to their respective scope, the civil courts, criminal or administrative litigation.

Article 117. Legitimacy for the exercise of the shares.

1. They will be entitled to exercise actions Article 2.3 of this Law, in addition to the rights holders registered in the Register of Patents, who can prove they have duly applied for registration in the register of the act or business that brings concerns because the law is to apply, provided that such registration becomes granted.

2. Unless otherwise agreed, the holder of an exclusive license may bring in its own name all actions in this Act to the patentee against recognized third parties that violate their rights, but may not exercise the grantee of a license nonexclusive.

3. The licensee who, according to the provisions of the preceding paragraph, is not entitled to bring an action for patent infringement may irrefutably require the holder thereof to commence the relevant legal action. If the owner refuses or does not timely action exercised within three months, the licensee may on its own behalf, accompanying the request performed. Prior to expiration of the deadline, the licensee may request the judge to adopt preventive measures when justifying the need for them to avoid serious damage, with presentation of that requirement.

4. A licensee who brings an action under the provisions of any of the preceding paragraphs shall reliably inform the owner of the patent, which may appear and intervene in the proceedings, either as part of the same or as an adjuvant.

Article 118. Competition.

1. Civil disputes arising under this Act shall be resolved in the appropriate pursuant to Law 1/2000 of 7 January, Civil Procedure judgment.


2. Be objectively competent Mercantile Judge of the host city of the Superior Court of those Autonomous Communities in the General Council of the Judiciary has agreed to attribute exclusive knowledge of patent matters.

3. In particular will be territorially competent Judge Mercantile specialized in the previous section corresponding to the defendant's domicile or, failing that, the place of residence authorized in Spain to act on behalf of the owner representative, is whether in the Autonomous Community his home existed Commercial courts specialized in patent matters pursuant to paragraph 2

In the absence, at the choice of actor, any judge shall have jurisdiction Mercantile whom appropriate knowledge of patent matters in accordance with paragraph 2.

4. In case of shares for violation of patent rights will also be competent, at the option of the plaintiff, the same court in the preceding paragraph of the Autonomous Community where he had made the offense or had produced its effects means, provided that such Autonomous community Commercial courts exist specialized in patent matters pursuant to paragraph 2

In the absence, at the choice of actor shall have jurisdiction any Mercantile Judge who corresponded knowledge of patent matters in accordance with paragraph 2.

Article 119. Time limits on patent litigation.

1. The defendant for any civil action governed by this Law shall have a period of two months to reply to the demand and, if necessary, make a counterclaim.

The same deadline shall apply to answer the counterclaim, as well as to answer the limitation of the patent requested by the holder thereof as a result of a challenge to the validity of title by way of counterclaim or exception by the defendant .

2. The provision contained in Article 337 of the Civil Procedure Act shall not operate unless the defendant dutifully justify the impossibility to provide the or reports it intends to rely to answer the claim or, where appropriate, to the counterclaim.

Article 120. Invalidity of the patent actor.

1. The person against which an action is brought for violation of rights under a patent may claim, in all kinds of procedures, by way of counterclaim or by way of exception, the total or partial invalidation of the patent actor, accordance with the rules of the common procedural law. For this purpose, it shall take into account the provisions of Article 103.

2. If the invalidity is raised by exception, the patentee will have 8 days from receipt of the answer to the application, to request the judge or court that the exception is treated as a counterclaim.

3. In the event that the patentee, with primary or alternative, chose to limit the patent by modifying its claims, it must provide the new game or games of claims and justification in the process of answering the application for annulment of reply to the counterclaim or defense to the claim for revocation. The patentee who has brought an action for infringement thereof shall at the same course of answering the challenge to its patent, reason, and if prove how they affect the proposed limitations to the infringement action exercised against the defendant.

4. Without prejudice to the provisions of the preceding paragraph, when supervening circumstances resulting patent modified outside the process, the holder thereof may request that the patent as amended to base the process. In these cases the judge or court shall grant processing of claims to other parts of the process.

5. The judge or court shall transmit the request for limitation instantly invalidity allegations in turn, to maintain or amend its claims in view of the proposed limitation. Calculating the period of two months provided in Article 119.1 will start from the time of receipt of the request for limitation of the patent filed by the actor.

6. The request for limitation filed with principal or alternative, the judge or court office to deliver the Spanish Patent and Trademark Office for registration as a cautionary notice. The final decision ruling on the limitation of the patent office to notify the Office for its registration and, where appropriate, modification of the patent.


7. In processes in which actions by which the validity of a patent, the judge or court may decide, in accordance with the provisions of the Civil Procedure Act and upon payment of the fee is in question are exercised upon request at the request of , the issuance of an audit report of the Spanish Patent and Trademark Office for an opinion in writing on those points on which specific expert reports submitted by the parties are contradictory. The author of the report may be called to testify about the content of the report when required to do so by the judge or court hearing the case. Under no circumstances shall this provision limits the discretion of the judge or court to seek the opinion of the center or institution it deems most appropriate in the circumstances.

Article 121. Action negatoria.

1. Any interested party may bring an action against the owner of a patent, so that the competent judge may declare that a particular act does not constitute an infringement of that patent.

2. The interested party, prior to the filing of the application character, irrefutably require the patentee to rule on the enforceability between it and the industrial exploitation that the applicant carried out on Spanish territory or face the serious preparations to develop effective for this purpose. After one month from the date of the request without the patentee it had ruled or when the applicant is not satisfied with the response, you can bring the action specified in the preceding paragraph.

3. It may not exercise the action referred to in paragraph 1 any person who has been sued for patent infringement in question.

4. If the plaintiff proves that the act referred claim does not constitute an infringement of the patent, the judge shall make the required statement.

5. The application shall be notified to all holders of patent rights duly registered in the Patent Register, in order that they may appear and take part in the process. This however, may not appear in proceedings contractual licensees where provided your license agreement.

6. The action which this article applies may be exercised together with the action for annulment of the patent is declared.

Article 122. Treatment of confidential information.

When to clarify the facts of the legal proceedings referred to in this chapter, either through the practice of preliminary measures or measures for securing evidence, gather information necessary in the opinion of judge or court is confidential, it shall take the decision to obtain or require it and provide, at the request of the parties, the measures and actions necessary to ensure the confidentiality of the information required and the right to effective judicial protection the procedural part that requires the information.
CHAPTER II

Errands

fact-finding
Article 123. Petition of the proceedings.

1. The person authorized to bring actions derived from the patent may request the judge urgently to agree the execution of procedures for verification of facts that may constitute violation of the exclusive right granted by the patent, without prejudice that may be requested under Article 256.1 of Law 1/2000 of 7 January on Civil Procedure.

2. Before ruling on the request, the judge may require the reports and order the investigations he deems appropriate.

3. You can only remember the practice of the proceedings when, given the circumstances, be presumed infringement of the patent and is not possible to check the reality of it without resorting to the measures requested.

4. By agreeing, where applicable, the practice of the measures requested, the judge, in accordance with the provisions of the Civil Procedure Act, fix the security to be provided by the plaintiff to meet any damages that may be caused.

5. If the judge does not consider to be well founded, he denied by car may be appealed in both effects.

Article 124. Practice of the proceedings.


1. No mediate in any event prior notification of their practice to who should bear it, in the diligence of checking the Judge, with assistance of the expert or experts designated for the purpose, and after hearing the manifestations of the person requesting the inquiry , determine whether in view of his examination can be carried out by the alleged infringement of the patent. When the invention is not manufactured or run in Spain, examination and verification relates to imported products and / or marketed being prosecuted.

2. When the judge considers that in view of his examination is not presumable that is carrying out the infringement of the patent, it shall terminate the inquiry and shall order a separate piece where the performances will include forms, which will remain secret, and provide that the Judicial Secretary notifies the petitioner is not appropriate to give the outcome of the measures taken.

3. In other cases, the judge, with assistance of the expert or experts designated for that purpose, make a detailed description of the machines, devices, products, processes, facilities or activities through the use of which was presumably carried out the alleged infringement.

4. Throughout The judge shall ensure that any inspection does not serve as a means to violate trade secrets or to carry out acts of unfair competition.

5. Against the judge's decision on the result of the diligence practiced no appeal shall lie.

Article 125. Certifications and copies of the proceedings.

1. Of any inspection performed may not be issued other certificates or copies destined for the affected party and accurate for the applicant thereof bring the corresponding legal action. The applicant may only use such documentation to bring such action to ban disclose or communicate it to third parties.

2. If within 30 working days from the date of delivery to the applicant for certification of the proceedings has not been filed the corresponding request for legal action, the latter shall have no effect and may not be used for any other legal action .

Article 126. Compensation of the affected part.

The affected by distraint party may claim in any case, from the person who requested the consolidation of expenses and damages which he would have occasioned, including lost profits. Payment shall only be made if the principal or this is rejected action is not exercised, without prejudice to the overall responsibility for damages that may be incurred by the applicant for measures in cases that this be appropriate.
CHAPTER III

Precautionary measures


Article 127. Request for precautionary measures.

Person bringing or about to bring an action under this Act may apply to the court that has to understand it taking to ensuring the effectiveness of these actions precautionary measures in accordance with the provisions of the same and the Law 1/2000 of 7 January on Civil Procedure.

Article 128. Possible precautionary measures.

1. They may be taken as precautionary measures against the alleged infringer that duly ensure total effectiveness of the judgment to be pronounced, and in particular the following:

A) cessation of acts which might infringe the applicant's right or prohibition, on reasonable suspicion to believe the imminence of such acts.

B) The retention and storage of goods delderecho allegedly infringing the patent holder and the means exclusively used for such production or for carrying out the patented process.

C) security for any compensation for damages.

D) The registry entries as appropriate.

2. The precautionary measures provided for in paragraph 1 may also be obtained, when appropriate, against intermediaries whose services are used by a third party to infringe patent rights, although the acts of these intermediaries do not constitute in themselves an infringement, without prejudice Law 34/2002 of 11 July, services of information society and electronic commerce. Such measures must be objective, proportionate and non-discriminatory.

3. There shall be no precautionary measures when shown that the defendant is protected by rights based on prior use under Article 63.

Article 129. Bonds.


1. By agreeing, where appropriate, the requested precautionary measures, the court fix the security to be provided by the plaintiff to meet any damages that may be caused. If he did not pay the bond within the purpose stated by the Court, which in no case be less than 5 working days, it shall constitute a waiver of the measures.

2. Should the measures requested involve restrictions on industrial or commercial activity of the defendant, the judge may point out when deciding with the amount of security through the provision of which the said defendant may at any time substitute the effectiveness of these measures restrictive agreed.

3. In any case, the guarantees principal or substitutionary, declared for the defendant, is always fixed at both time period elapses, when they are related to acts of industrial or commercial exploitation which may continue indefinitely.

4. The deposit may consist of a bank guarantee. Personal bonds will not be accepted.

5. For fixing the amount of the guarantees, the judge shall hear both parties during the pendency of the action, without prejudice to the application of Article 733.2 of the Civil Procedure Act.

Article 130. Precautionary measures in case of appeal.

1. If the first instance judgment handed down in the civil procedure fund established pronounces judgment against one of the parties and the subject of appeal, you will notice the use of the appellee so that it can, within three days, require the judge the adoption of appropriate precautionary measures or the provision of the appropriate substitutionary guarantee aimed at ensuring the effectiveness of the judgment, provided that these measures have not been adopted previously or were insufficient.

2. Judge instance shall have competence to hear and decide upon anything relevant to such assurance, regardless of the admission of the appeal and the elevation of the main case to the court having jurisdiction in appeals.

Article 131. Lifting of the precautionary measures.

1. In the case of formulating the request for precautionary measures before exercising the main action, they shall be void in its entirety if the demand was not presented within the period provided for in Article 730.2 of Law 1/2002 of 7 January, of Civil Procedure.

2. The precautionary measures that were agreed in their case, be without effect, if the judgment at first instance was not favorable to the petition to ensure effectiveness for which the measures were requested, or the judgment of first instance be nullified, on the assumption that it would have been favorable to the said petition. It shall apply in all cases provided for in Article 744 of the aforementioned Law of Civil Procedure.

3. The Clerk shall return guarantees the applicant of the precautionary measures within two months of their uprising, without prejudice to the period you are entitled to the injured by the precautionary measures to seek compensation for damages that these had caused.

4. The compensation shall be determined in accordance with the provisions of Article 712 and related provisions of the Civil Procedure Act, and if bail were not enough to meet all losses incurred through enforced against the responsible will continue.

Article 132. Preventive Writings.

1. The person providing the filing of an application for precautionary measures without hearing against him, may appear in legal form to the body or judicial organs jurisdiction to consider such possible measures and justify their position by preventive written.

The judge or court agreed the formation of a procedure precautionary measures shall notify the patentee and, if within three months the precautionary measures were presented, one can give the course the procedure provided for in Articles 733.1 and 734.3 of the Civil procedure Act, without this being an obstacle to the possibility of agreeing such arrangements without further ado by order in the terms and deadlines of Article 733.2 of the Act.

2. The owner who believes that the judge or court before which presented the preventive written is not competent, may submit a request for provisional measures to the one who really understands competent and must indicate in its application the existence of preventive written and organ court before which it has been submitted.

CHAPTER IV



Court settlement of disputes
Article 133. Conciliation concerning inventions of employees.

Before initiating legal proceedings based on the application of the rules of Title IV of this Act on inventions made in the context of an employment relationship or service the litigious matter may be referred, if the parties so agree , to an act of conciliation before the Spanish Patent and Trademark Office.

Article 134. Conciliation Commission.

1. For reconciliation will be established, according to what is prescribed provisions, a committee chaired by an expert from the Spanish Patent and Trademark appointed by the Director and two elected respectively by each of the conflicting parties, or when the inventor is a person in the service of any government, and with regard to representative thereof in the manner established by regulation within the framework of labor or statutory law applicable to the employment relationship.

2. In the case of inventions made by the staff referred to in paragraph 1 of Article 21 refers, the member of the committee representing the university or agency or research center will be designated in the form prescribed by the statutes or other internal regulations University regulations or regulatory agency or research center. Failing designation shall, in the course of the Universities to the Governing Council and, in the case of agencies or research centers, its highest governing body.

Article 135. Proposed agreement and compliance.

1. A proposed agreement must be issued by the commission within a maximum period of two months since the settlement was requested, and the parties must indicate within a maximum period of 15 days if they are or not in accordance with this proposal. If it is not possible to constitute the conciliation commission by default of either party, or some of them do not accept the proposed agreement within the respective time limits, it will close the procedure. Acceptance must be expressed. If silence means that there is no compliance.

2. If the lists, the Director of the Spanish Patent and Trademark Office will issue a certification agreement under the proposal accepted by the parties. For the purposes specified in Article 517, paragraph 2.9.º of the Civil Procedure Act, the certification of the Director of the Spanish Patent and Trademark agreement, according to the proposal accepted by the parties, it shall entail execution.

3. The implementation of the agreement will take place in accordance with the provisions of the Civil Procedure Act for the enforcement of judgments and judicially approved agreements.

Article 136. Arbitration and mediation.

1. Interested parties may use mediation or submit to arbitration the matters of dispute arising between them during the exercise of the rights recognized in this Act, in those matters not excluded from the free disposal of the parties according to law.

2. They are not freely available, and are excluded from the mediation or arbitration, matters relating to the procedures for granting, opposition or resources relating to securities regulated in this Act, when the object of the dispute is the fulfillment of the requirements for granting, maintenance or validity.

3. The firm arbitration decision shall effect of res judicata in accordance with the provisions of Article 43 of Law 60/2003 of 23 December, on Arbitration, which will apply in all matters not covered by this article, and the Office Spanish Patent and Trademark Office shall carry out the necessary actions for implementation.

4. The mediation agreement signed by the mediator and the parties, once a public deed or approved by the court to be established as enforceable in accordance with the provisions of Law 5/2012, of 6 July, mediation in matters civil and commercial, will be communicated to the Spanish Patent and Trademark Office to proceed with the execution.

5. They should contact the Spanish Patent and Trademark Office filing of appeals lodged against the arbitration award or the exercise of an action for annulment of the agreement in the mediation agreement. A firm once the relevant resolutions reliably communicated to the Spanish Patent and Trademark Office for the purposes specified in the preceding paragraph.
TITLE XIII

Utility models

CHAPTER
I

Purpose and protection requirements


Article 137. Inventions can be protected as utility models.

1. They may be protected as utility models, according to the provisions of this Title, the industrially applicable inventions which, being new and involving inventive activity, consist in giving an object or product configuration, structure or composition that results in an advantage almost appreciable for its use or manufacture.

2. They may not be protected as utility models in addition to the materials and inventions excluded from patentability under Articles 4 and 5 of this Act, the inventions of procedure, which fall on biological material and substances and pharmaceutical compositions.

Article 138. Right to protection.

The right to protection of utility models belong to the inventor or assignee and is transmissible by all means that the law recognizes.

Article 139. State of the art.

1. The state of the art with reference to which must be judged novelty and inventive step of inventions protectable as utility models, will be the same as laid down in Article 6.2 for patents.

2. It means also comprised in the state of the art content requests that section 6.3 above concerns.

Article 140. Inventive.

1. For protection as a utility model, it is considered that an invention involves an inventive step if it is not state of the art in a very obvious to a person skilled in the art manner.

2. If the state of the art includes the documents mentioned in Article 139.2 they will not be taken into consideration when deciding on the existence of inventive step.
CHAPTER II


Application and granting procedure

Article 141. Presentation and content of the application.

1. To obtain a utility model, you must submit a request to the Spanish Patent and Trademark indicative that this mode is requested, with the documentation referred to Article 23.1. You do not need to understand a summary of the invention. The application shall be subject to payment of the appropriate fee.

2. The date of submission of the application shall be the time when the competent authority, as provided for in Article 22, receive documentation containing at least the following elements:

A) The indication that a utility model is sought.

B) information identifying the applicant or contact him.

C) A description of the invention for which the utility model is requested, but not meet the formal requirements of the law, or reference to a previously filed application.

The reference to an earlier application must indicate this number, date of filing and office that has been presented. In the reference it must be stated that it replaces the description or, where appropriate, to the drawings.

A certified copy of the earlier application, accompanied where appropriate by a translation into Castilian, it must be submitted within the period prescribed in the implementing regulation.

3. The date of submission of applications filed at a post office shall be as provided in Article 24.4.

Article 142. Assignment date of submission and consideration of trade.

1. The Spanish Patent and Trademark Office will check whether the application meets the requirements for obtaining a filing date and if the fee has been paid. It shall apply the provisions of Article 33.2 of patents.

2. If the fee has not been paid with the application, or has not been in full, this shall be notified to the applicant to perform or complete payment in the prescribed period. After that time without making or completing payment, you shall be withdrawn in the application.

3. Declared admissible the application, the Spanish Patent and Trademark verify:

A) If the object is eligible for protection as a utility model.

B) If it meets the requirements set out in Title V, Chapter I as regulations have been developed.

The Spanish Patent and Trademark Office not examine the novelty, inventive step, sufficiency of the description or industrial application. Nor does the report on the state of the art and the written opinion provided for patents will be issued will be made.


4. If the examination reveals defects in the documentation or the subject of the application is not eligible for protection as a utility model, these circumstances shall be communicated to concerned to within established statutorily correct them or make its claims. To remedy the defects, the applicant may amend the claims or divide the application.

5. The request was refused by reasoned decision when its object is not protectable as utility model or when defects or irregularities persist that have not been remedied. The mention of the denial will be published in the "Official Bulletin of Industrial Property."

Article 143. Publication of the application.

There being no grounds for refusal, or corrected them, the Spanish Patent and Trademark Office shall make public the documents requested model the relevant announcement the "Official Bulletin of Industrial Property", which will also be published requested model claims and, where appropriate, a reproduction of the drawings.

Article 144. Oppositions to the application.

1. Within following the publication of the application two months any person may file an opposition, citing the lack of any of the legal requirements for granting, including novelty, inventive step, industrial application or the adequacy of the disclosure. It can not be alleged lack of standing of the applicant, which must be brought before the ordinary courts.

2. The period provided for in the preceding paragraph may be extended for two additional months to submit complete evidence or arguments, provided the opposition validly stand by the initial deadline and the extension is requested before the expiration.

Article 145. Procedure and resolution.

1. The opposition shall be filed with the Spanish Patent and Trademark Office, by letter motivated together with any of the relevant documentary evidence. With the notice of opposition the proof of payment of the opposition fee be attached.

2. After the legal deadlines without oppositions have been filed the Spanish Patent and Trademark Office shall issue a decision granting the utility model requested.

3. If oppositions are filed, the Spanish Patent and Trademark Office shall communicate to the applicant for the prescribed period made in writing its claims and change, if it deems it appropriate, claims, giving to the parties of the briefs submitted by the another, under the conditions provided in the implementing regulation of the law.

4. After the periods of reply and reply, the Spanish Patent and Trademark Office estimating resolved in whole or in part the oppositions filed when there are grounds for opposition under Article 144, or desestimándolas otherwise. However, when despite amendments or arguments adduced persist reasons that prevent in whole or in part the concession model to the applicant a new deadline will be granted by giving at least one opportunity, in accordance with the provisions of that regulation, to remedy the defect or present new arguments before deciding definitively the opposition raised.

5. The granting of the utility model will be announced in the "Official Bulletin of Industrial Property" making available to the public the documents in the file.

6. For utility models Article 42. not be edited brochures referred

Article 146. Resources.

1. The administrative appeal against the granting of the utility model can only refer to those issues that can be resolved by the Administration during the registration procedure.

2. The administrative appeal based on grounds for refusal of registration not examined ex officio by the Administration may be brought only by those who have been party to an opposition against the grant of registration based on those grounds, and will be directed against the adjudicatory Act raised opposition. For this purpose it could be considered dismissed the opposition if, after the period to resolve and notify, there would express decision.


3. Faced with the decision to grant a utility model, the Spanish Patent and Trademark Office may not exercise its own initiative or upon request by the reviewing authority under Article 102 of Law 30/1992 of November 26, cited above if the invalidation model is based on any of the grounds provided for in Article 145 of this Act. Such causes of invalidity shall be enforceable in the courts.

Article 147. Publication of the amendments.

The modifications of the utility model as a result of an opposition or appeal will be published the relevant announcement in the "Official Bulletin of Industrial Property." The publication will include the claims of the registered design and, where appropriate, a reproduction of the drawings.
CHAPTER III



Effects Award
Article 148. Content of right and exercising actions.

1. The protection of utility model shall confer on its owner the same rights as the patent.

2. The duration of protection for utility models is ten years non-renewable, from the date of filing of the application, and take effect from the publication of the mention of its grant in the "Official Bulletin of Industrial Property ".

3. For the pursuit of measures to give effect to the exclusive rights derived from a utility model applied for after the entry into force of this Act will need to be obtained or previously requested, paying the fee, the report on the state of the art under Article 36.1 for patents, referring to the title object in which the action is based.

4. The report, once developed, will be notified to the petitioner and made available to the model attached to the file public. In the event that this demand before the report provide the defendant may request the suspension of the deadline to answer until the report is a contribution to the cars.

5. Once requested the report on the state of the art, and although this had not been made yet, it may be urged, in accordance with the provisions of this Act and the Civil Procedure Law, the adoption of provisional and protective measures, provided that they do not consist of immobilization or cessation of industrial or commercial activity of the defendant in relation to the protected object.

Article 149. Nullity.

1. the invalidity of utility model protection shall be declared:

A) When your subject matter is not protected under the provisions of Articles 137 to 140 and Title II of this Act as not contrary to the aforementioned Articles.

B) When not describe the invention sufficiently clearly and completely so that you can run an expert on the subject.

C) where the subject matter beyond the content of the utility model application as filed or, in the event that the utility model has been granted as a result of a divisional application or as a result of a new request based on the provisions of Article 11, when the object of the utility model extends beyond the content of the initial application as it was presented.

D) When the scope of protection has been extended after the grant.

E) Where the holder of utility model is not entitled to protection under the provisions of Articles 10 and 138.

2. If the causes of invalidation only affect part of the utility model, this will be limited by modifying the claim or claims affected and partially declared null.

Article 150. Implementation of the provisions on patents.

In the absence of specific provisions applicable to utility models will govern for them the provisions of this Act patents, provided they are not incompatible with the specialty of those. the rules contained in Title III on the right to patent and designation of the inventor, Title IV inventions of employees, Chapter V of Title V on general rules of procedure and the information of third parties and Title Les shall in any case applicable X on annulment, revocation and limitation at the request of the holder and patent expiry.
TITLE XIV


Implementation of international conventions
CHAPTER
I

Presentation and effects of European patent applications and European patents in Spain

Article 151. Scope.


The provisions of this Act and its implementing regulation to European patent applications and European patents that produce effects in Spain shall apply by, in all that is not contrary to the Convention on the Grant of European Patents, done in Munich on October 5, 1973, hereinafter referred to as CPE.

Article 152. Presentation of European patent applications.

1. European patent applications may be submitted in the Spanish Patent and Trademark Office or the competent regional governments to support national patent applications as provided for in Article 22. The Autonomous Communities shall forward such applications to the European Patent Office Spanish Patents and trademarks.

2. In the case of inventions made in Spain and not the priority of a previous deposit in Spain is claimed, the application must be submitted necessarily agree with the provisions in paragraph 1. If the applicant has his domicile, or registered office or habitual residence in Spain it is presumed unless proven otherwise, that the invention was made in Spanish territory. These requests shall apply the provisions of Article 34 and Title XI of this Act. A failure to comply with this obligation, the patent void in Spain.

3. European patent applications in which not fulfill the conditions of the preceding paragraph may be submitted directly to the European Patent Office.

4. The applications filed in Spain may be written in any of the languages ​​referred to in paragraphs 1 and 2 of Article 14 of the EPC. If they were in a language other than Spanish, the Spanish Patent and Trademark Office may request a translation into Spanish, according to what is prescribed provisions.

Article 153. Value of European patent application and European patent.

In the conditions laid down in the EPC, the European patent application which was granted a filing date and the European patent, each have the value of a national deposit made regularly before the Spanish Patent and Trademark Office and that of a national patent.

Article 154. Rights conferred by a European patent application published.

1. The European patent applications after publication as provided for in Article 93 of the EPC, in Spain shall enjoy equivalent to that granted to the publication of national applications from the date provisional protection which, upon payment of the fee, be made accessible to the public by the Spanish Patent and Trademark Office a Spanish translation of the claims. A copy of the drawings, if any, must accompany the translation, even if you do not understand expressions to translate.

2. When the owner has no domicile or headquarters in Spain, the translation must be made by an Agent of Industrial Property accredited to the Spanish Patent and Trademark Office or by a translator / a-Sworn / a appointed by the Ministry of Affairs Affairs and Cooperation. Statutorily other validation criteria to ensure the authenticity and accuracy of the translations mentioned in this article may be established.

Article 155. Translation and publication of the European patent.

1. When the European Patent Office to grant a European patent designating Spain, the holder shall provide the Spanish Patent and Trademark Office a Spanish translation as European patent has been granted. It must also be provided translation in cases where the patent has been maintained in a modified form, or limited by the European Patent Office.

2. The translation shall be submitted to the Spanish Patent and Trademark Office within three months from the date the statement that the patent has been granted, amended or limited in the cases published in the 'European Patent Bulletin' referred to in paragraph 1. a copy of the drawings where appropriate must accompany the translation, even though it does not contain expressions to translate. It shall apply the provisions of paragraph 2 of the preceding article.

In the absence of such translation and the payment of the fee for publication by the deadline, the patent void in Spain.


3. The Spanish Patent and Trademark Office, within one month from the date of submission of the translation, published an indicative mention of it in the "Official Bulletin of Industrial Property," with the necessary data for identification European patent and on payment of the appropriate fee, a booklet with the translation of the European patent.

Article 156. Register of European Patents.

1. As soon as the grant of the European patent has been mentioned in the "European Patent Bulletin", the Spanish Patent and Trademark record it in its Register, with the data mentioned in the European Patent Register.

2. They also will be registered, the date has been received and published the translation referred to in Article 155 or, where applicable, the lack of such a translation. the data mentioned in the European Patent Register concerning opposition proceedings, remedy or limitation, and the information provided to the Spanish patents are also entered.
Article 157.
reliable text of European patent application and European patent.

1. The Spanish translation of the European patent application and European patent, fulfilling the requirements of the preceding articles, shall be deemed authentic if the translated text confers less protection than is granted by the application or by the patent in the language in which the application was filed.

2. At all times, it is effected by the holder of the patent application or a review of the translation, which will not acquire effect until it is published by the Spanish Patent and Trademark Office. There will be no such publication if it had not justified the payment of the fee.

3. Any person who, in good faith, begin to exploit an invention or has made effective and serious preparations for it, without such use constitutes infringement of the application or patent in accordance with the text of the initial translation, can continue without any compensation to the operation in your company or for its needs.

Article 158. Transformation of the European patent application in national patent application.

1. A European patent application may be converted into national patent application:

A) In the cases provided for in Article 135.1.a) EPC.

B) When considered withdrawn pursuant to Article 90.3 of the EPC to the extent that it refers to Article 14.2 of the same.

2. The European patent application is considered, from the date of receipt by the Spanish Patent and Trademark of the request for conversion, as a national patent application and will have a filing date of the granted by the European Patent Office to the request European patent.

3. The patent application shall be withdrawn if payment of the required fee is not justified for a Spanish patent application at the time of submission within the time and conditions laid down in the regulations of this Act and no translation is provided to Spanish the original text of the European patent application or, where appropriate, the texts modified during the proceedings before the European patent Office, on which you want to establish the grant procedure before the Spanish patent and Trademark Office. It shall apply to the translation section 154.2.

Article 159. Transformation of the European patent application on utility model application.

1. The European patent application can be transformed into Spanish utility model when that has been refused or withdrawn, or has been deemed withdrawn, in accordance with the provisions of the EPC.

2. It will apply, based on utility models, the provisions of paragraphs 2 and 3 of the preceding article.

Article 160. Prohibition of double protection.

1. To the extent that a national patent providing for an invention for which a European patent with effects in Spain has been granted to the same inventor or his successor in title with the same date of filing or priority, the national patent ceases to have effect from time:

A) The deadline for filing an opposition to the European patent has expired without any opposition has been formulated.

B) The opposition procedure is finished, maintaining the European patent.

2. In the event that the national patent is granted after either of the dates specified in paragraphs a) and b), this patent void.


3. The subsequent lapse or annulment of the European patent does not determine that the national patent regain its effects.

Article 161. Annuities.

1. For any European patent has effect in Spain must pay to the Spanish Patent and Trademark annuities under the legislation on national patents.

2. Annuities shall be due on the SPTO from the year of the life of the patent following that in which the mention of the grant of the European patent has been published in the "European Patent Bulletin".

3. Notwithstanding the provisions of Article 141.2 of the EPC, the annuity payment shall be made by applying the accrual rate, term, amount, manner and other requirements in the legislation for national patents.
CHAPTER II


Implementation of the Patent Cooperation Treaty

SECTION 1. Scope of application and international applications filed in Spain

Article 162. Scope.

1. This chapter shall apply to international applications within the meaning of Article 2 of the Patent Cooperation Treaty, for which the Spanish Patent and Trademark Office, acting as a receiving office, designated office or elected office.

2. The provisions of this Act and the Regulations shall apply to applications designating Spain and have commenced proceedings before the Spanish Patent and Trademark Office, in everything not opposed to that Treaty.

Article 163. The Spanish Patent and Trademark Office as receiving Office.

1. The Spanish Patent and Trademark Office will act as receiving Office within the meaning of Article 2.xv) of the Patent Cooperation Treaty in respect of international applications of Spanish nationals or persons having their headquarters or domicile in Spain.

2. In the case of inventions made in Spain, and not the priority of an earlier application is claimed in Spain, the international application must be filed at the Spanish Patent and Trademark Office. Failure to comply with this obligation deprive effect in Spain on the international application.

When the applicant is domiciled or registered office or habitual residence in Spain is presumed unless proven otherwise, that the invention was made in Spanish territory.

3. The international application filed in Spain will be written in Spanish. In addition to the rates prescribed by the said Treaty, the deposit of the international application shall be subject to payment of the transmission rate provided for in the Annex to this Act and the Regulations implementing the Agreement.

Article 164. Conversion of international applications.

1. In international applications filed with the Spanish Patent and Trademark Office will apply to them the rules contained in Title XI of this Act.

2. In case of Spain designated State if the authorization of the Ministry of Defence under Article 111 is not granted, the international application will be considered from the date of deposit as a national application. In this case, the transmission rate will be considered filing fee for national application.

3. The preceding paragraphs shall not apply where the international application claims the priority of an earlier national application whose content or whose processing is not kept secret by the Spanish Patent and Trademark Office.

Article 165. Claiming priority of an earlier filing in Spain.

If the international application claims the priority of an earlier application in Spain, the priority document issued by the Spanish Patent and Trademark Office may, upon request by the applicant under the conditions laid down in the Implementing Regulations Cooperation Treaty patent, be transmitted directly to the International Bureau. The petition shall be subject to payment of the fee set out in the Annex to this Act to be paid by the applicant to the Spanish Patent and Trademark Office.

Article 166. Extension of deadlines for the payment of fees.

Payment of fees made in response to an invitation addressed to the applicant, under the provisions of the Regulation implementing the Treaty shall be subject in favor of the Spanish Patent and Trademark Office, the payment of the fee payment late under rule 16.bis.2 it. This fee must be paid within one month from the date of notification of the invitation and the amount is determined in each case according to the criteria laid down in the Regulation.

Section 2
International applications designating or electing to Spain

Article 167. Performance of the Spanish Patent and Trademark Office as a designated or elected Office.

The Spanish Patent and Trademark Office shall act as designated or elected Office within the meaning of Article 2: XIII sets) and xiv) of the Patent Cooperation Treaty when Spain has been mentioned for this purpose, with a view to obtaining a national patent in the international application or the request for international preliminary examination.

Article 168. Filing date and effects of the international application.

An international application designating Spain will, from the time they are granted an international filing date under Article 11 of the Patent Cooperation Treaty, the effects of a regular national application filed with the Spanish Patent and Trademark Office from that date. This date is considered as the actual filing date in Spain.

Article 169. Processing of the international application.

1. For the Spanish Patent and Trademark start processing the international application must be filed within the applicable time limit under Article 22 or Article 39.1 of the Patent Cooperation Treaty a translation of the same in Spanish as it was originally deposited and, where appropriate, of the amendments made under Article 19 or Article 34 of the Treaty.

2. The Spanish Patent and Trademark Office may ask the applicant, if it deems necessary in the particular case, to deliver within that stipulated by the translation of the international application certified by an Agent of Industrial Property accredited to the Office or by a translator / a-Sworn / a appointed by the Ministry of Foreign Affairs and Cooperation. Statutorily other validation criteria to ensure the authenticity and accuracy of the translations mentioned in this article may be established.

3. The applicant shall pay, within the period specified in paragraph 1, application fees and establish a report on the state of the art provided for national patents.

Article 170. Publication of the international application.

1. The publication in accordance with Article 21 of the Patent Cooperation Treaty of an international application for which the Spanish Patent and Trademark Office acts as designated replaces the publication of the national patent application.

2. If the international application has been published in Spanish, the provisional protection under Article 67 of this Law shall take effect on such an application from the date of international publication. If any was in another language, provisional protection shall take effect from the date on which its translation into Spanish, carried out under the conditions of Article 154.2 be available to the public in the Spanish Patent and Trademark Office. For this purpose will be published in the "Official Bulletin of Industrial Property" a reference to the date from which the translation of the application is available to the public.

Article 171. Review by the Spanish Patent and Trademark Office.

1. When a different Receiving Office of the Spanish Patent and Trademark Office has refused date of international deposit to an international application designating or choose to Spain, or has declared that the request is considered withdrawn, or deemed withdrawal of the designation of Spain under articles 25.1.a) or 25.1.b) of the patent cooperation Treaty, the applicant may request the Spanish patent and Trademark Office, within two months from the date of notification, to review the matter and decide whether the refusal or declaration were justified in accordance with the provisions of that Treaty. This review may lead to a decision by the Spanish Patent and Trademark Office processing the application in national phase.

2. The review provided for in the preceding paragraph may be requested, under the same conditions, in the event that the international application designating or choose to Spain has been considered withdrawn by the International Bureau under Article 12.3 of the Treaty of Cooperation patents.

Article 172. Effects of a patent granted on the basis of an international application.


1. A patent granted by the Spanish Patent and Trademark Office on the basis of an international application designating or choose to Spain, will have the same effects and the same value as a patent granted on the basis of a national application filed in accordance with the this Act.

2. When, because of an incorrect translation, the scope of a patent granted on the basis of an international application exceeds the content of the international application in its original language, retroactively limit the scope of the patent, declaring null and void in the far exceeding that corresponds according to the application in its original language.

Article 173. Effects of the grant of a patent based on an international application for a patent based on a national application.

1. To the extent that a patent based on a national application concerns an invention for which it has been granted a patent on the basis of an international application, the same inventor or his successor in title with the same date of filing or priority, the patent based on a national application cease to have effect from the grant of the patent based on the international application.

2. No patent will produce effects based on a national application when it is granted after the date of grant of the patent based on an international application.

3. Extinction or the subsequent cancellation of the patent based on the international application does not affect the provisions of this article.

Article 174. The Spanish Administration Office as International Search and Preliminary Examination.

The Spanish Patent and Trademark Office shall act as Authority and the International Searching Authority as the International Preliminary Examining Authority under the provisions of the Patent Cooperation Treaty, pursuant to agreement between the Spanish Patent and Trademark Office and the International Bureau of the World Intellectual Property Organization.
TITLE XV


Representation to the Spanish Patent and Trademark

Article 175. Capacity and representation.

1. They may act before the Spanish Patent and Trademark Office:

A) Stakeholders with capacity to act in accordance with the provisions in Title III of Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure.

B) Agents of Industrial Property.

2. Without prejudice to the provisions of Article 7.2 of the Treaty on patent law, done at Geneva on June 1, 2000, non-residents in a Member State of the European Union must act by Industrial Property Agent.

Article 176. Agents of Industrial Property.

1. Agents of Industrial Property are those legally empowered to as liberal professionals offer and usually offer their services to advise, assist and represent third parties in obtaining the various types of industrial property and the defense before the Spanish Patent and Trademark rights derived therefrom.

2. Agents may exercise their activity individually or through legal persons validly constituted under the law of a Member State of the European Union and having their registered office or principal place of business is located in Community territory. Both agents as legal entities through which exercise their activity may be entered in the Special Register of Agents of the Spanish Patent and Trademark Office.

3. For a legal person may obtain registration in the Special Register of Agents of the Spanish Patent and Trademark Office, at least one of the members or associated members thereof shall prove the status of Agent pursuant to the following article . The legal person registered will lose the qualification for the exercise of this professional activity at any time if such a requirement is no longer met.

4. Respond professional management that is developed under the social or associative form the legal person acting as Agent through it.

5. Agents of Industrial Property shall be required to maintain the confidentiality of the matters in which intervene and have the right to refuse to disclose communications to their customers or third parties relating to proceedings before the Spanish Patent and Trademark Office.


Among others, shall be subject to such conditions any communication or any document concerning:

A) assessing the patentability of an invention, the registrability of an industrial design, trademark or trade name;

B) the preparation or processing of a patent application, utility model, industrial design, trademark or trade name;

C) any opinion relating to the validity, scope of protection or infringement of granted patents, utility model, industrial design, trademark or trade name, as well as a request for any such arrangements.

6. The representatives referred to in Article 175.1 and are not agents of industrial property, are obliged to set the same as in the preceding paragraph.

Article 177. Access to the profession of Industrial Property Agent.

1. To access the regulated profession of Industrial Property Agent shall be required:

A) be of age and have full capacity to act.

B) Have a professional office setting or in a Member State of the European Union.

C) Not have been convicted of malicious except if he had obtained crimes rehabilitation.

D) be in possession of the official titles of degree, graduate, Architect or Engineer, issued by the rectors of the universities, or other official titles that are legally equivalent to them.

E) Overcoming an examination of fitness certifying the knowledge necessary for professional activity defined in the previous article, in the form determined by regulation.

2. Freedom of establishment in Spain for those who have acquired professional qualifications Agent of Industrial Property in another Member State of the European Union shall be governed by the provisions of Community law and the internal rules of incorporation and development of it, I applied for this purpose the provisions of Royal Decree 1837/2008, of November 8.

Article 178. Incompatibilities.

The exercise of the profession of Industrial Property Agent, either directly or through legal persons, is incompatible with active employment in the Spanish Patent and Trademark Office in the Ministry of it it depends on the Ministries Industry of the Autonomous Communities or organs of them who have assumed responsibility for Industrial Property and International Organizations related to Industrial Property.

Article 179. Exercise of professional activity and Special Agents Registration Office and the Spanish Patent and Trademark Office.

1. To start the exercise of activity as an Agent of Industrial Property, directly or through legal person, it is necessary to have previously filed with the Spanish Patent and Trademark a responsible statement, in accordance with the provisions of Regulation enforcement of this Act, the party concerned declares under its responsibility that meets all the requirements set out in articles 176 and 177 and is not involved in the incompatibility of Article 178, which provides documentation so credited and promises to keep compliance while its low does not occur for any of the circumstances provided in Article 180.

Compliance with these requirements entitling the holder to exercise professional activity throughout the national territory and for an indefinite period.

2. Supporting documentation of compliance with legal requirements must be available for presentation to the Spanish Patent and Trademark Office if it so requires. For this purpose the documents from another Member State of the European Union show that these requirements are met, under the terms provided in Article 17.2 of Law 17/2009 of 23 November, on free access to be accepted activities and exercising.

3. Upon receipt of the declaration referred to in paragraph 1, the Spanish Patent and Trademark Office upon payment of the prescribed fee, entered ex officio Agent in its Special Agents Registration of Industrial Property as representatives legally entitled to act as such before it.

4. In its relations with the Spanish Patent and Trademark Agents must use their own name, followed by an indication of their status as Agent and, in the case of legal entities, the corporate name under which act as well as the established accordingly.

Article 180. Termination of authorization to pursue the activity of professional representation.


1. The cessation of the legal authorization to act as Agent of Industrial Property may be produced by any of the following causes:

A) death in the case of individuals, or termination in legal entities.

B) resignation submitted in writing to the Spanish Patent and Trademark Office.

C) a reasoned decision of the Spanish Office of Patents and Trademarks, after verification of failure by the applicant to the requirements of this Act as Agent for enablement. When this happens, the person may resubmit only a responsible statement prior accreditation of the above legal requirements.

D) judicial decision.

2. In all the above cases, the Spanish Patent and Trademark Office officially canceled the corresponding registration in the Special Register of Industrial Property Agents.

3. When the cessation of the legal authorization to occur under paragraph 1.c) and the Spanish Patent and Trademark check the falsehood, inaccuracy or omission of essential character in the data required for the exercise of professional activity, the Office may instruct the disciplinary proceedings established regulations and propose to the Minister of Industry, Energy and Tourism cessation of empowerment for the exercise of professional representation for a maximum period of three years.

4. The Spanish Patent and Trademark Office may also terminate in its Register to the agent or authorized representative and institute in his case the disciplinary proceedings under the terms provided in the preceding paragraph, where the agent has been convicted by a final judgment as a result of acts performed in the exercise of their professional activity.

Community Article 181. Freedom to provide services and information obligations.

1. Agents of Industrial Property established in another Member State which temporarily providing services in Spain must comply with the rules on access and exercise of the profession approved by Royal Decree 1837/2008, of 8 November, which are incorporated into the system Spanish law Directive 2005/36 / EC of the European Parliament and of the Council of 7 September 2005, and Directive 2006/100 / EC of the Council of 20 November 2006 on the recognition of professional qualifications, as well as certain aspects of the exercise of the legal profession and the rules that develops, must submit a prior declaration according to the model approved by the Spanish Patent and Trademark Office, which must be renewed annually should continue the temporary provision of services .

2. People enrolled in the Special Register of Industrial Property Agents should inform recipients of their services under the terms established by Article 22 of Law 17/2009 of 23 November, on free access to service activities and exercise, and comply with the obligations under the Act.
TITLE XVI

Fees and annuities


Article 182. Fees.

1. The bases and tax rates of fees for the performance of services, benefits and administrative activities on Industrial Property for patents, utility models and supplementary protection certificates for medicinal and plant protection products are those listed in the Annex to this Law, which is an integral part. The amounts listed in this Annex will experience the update that may be established by ordinary law or the relevant Law on State Budget for rates in general.

Its regulation is subject to the provisions of this Act, and they do not oppose the provisions thereof, the Law 17/1975 of 2 May on the establishment of an autonomous body "Industrial Property Registry" , Law 8/1989 of 13 April on Public Fees and Prices, and Law 58/2003 of 17 December, General Tax and supplementary provisions.

2. The lack of payment of the fee within the legal deadline or legally established deprive of any effectiveness the act for which it has been paid.

3. If I stopped fee prescribed for dealing with the case to grant any of the securities regulated by this Act it shall be deemed that the application has been withdrawn.

Article 183. Refund of fees.


1. In the event that the patent application or other title of protection under this Act is withdrawn, is deemed to be withdrawn or is refused before starting the service, service or related administrative activity, the petitioner shall be returned rates respectively paid by these concepts, with the exception of the application fee.

2. When the report on the state of the art can be based partially or entirely on the international search report made under the Patent Cooperation Treaty the applicant will be reimbursed 25 percent, 50 percent, 75 percent or 100 percent of the fee, depending on the scope of the report.

3. When the substantive examination may be based partially or entirely on the international preliminary examination by the Responsible Administration competent International Preliminary Examining Authority, the applicant will be reimbursed 25 percent, 50 percent, 75 percent or 100 percent that fee, depending on the scope of the report.

4. The bringing of an action will result in the payment of the appeal fee. There shall be no refund of the fee except when the resource was estimated to benefit fully legal reasons unduly appreciated in the contested decision that were attributable to the Spanish Patent and Trademark Office. The return of the fee shall be requested by lodging the appeal and shall be agreed in the resolution of same.

Article 184. Annuity and maintenance fee.

1. To keep in force a patent or a utility model or a supplementary protection certificate, the applicant or holder thereof must pay annuities, or in the case of the SPCs maintenance rate contained in the annex referred to in Article 182.1.

2. Annuities shall be paid annually in advance, throughout the term of the patent or utility model. Accrual date of each annuity will be the last day of the month anniversary of the date of submission of the application.

3. Payment of accrued annuities before the publication of the grant of the patent in the "Official Bulletin of Industrial Property" shall be made within three months after the date of such publication.

The payment of accrued annuities after the publication of the grant of the patent or on the same date it shall be made within three months after the date of accrual of the corresponding annuity.

Expiration of the period for payment of an annuity without having made cash amount, may be paid the same with the surcharge within six months.

However, for annuities whose accrual date is after the publication of the award in the "Official Bulletin of Industrial Property" or coincident with it, and during the time elapsed since the end of term fee accrual to date of the following annuity, you can regularize the payment crediting rate adjustment provided for in the second rate of this Act, the amount is added to the second of the penalties provided for in Article 185.

4. The fee to be paid for filing of the patent application or utility model exonerates the payment of the first two annuities.

5. The date of accrual of the rate of maintenance of supplementary protection certificates or its extension will be to its entry into force.

When the accrual date is prior to the publication in the "Official Bulletin of Industrial Property" of the grant of the certificate or, if overtime, payment shall be made within three months after the publication date.

When the accrual date is identical or after that date of publication payment must be made within three months after the date of accrual.

The deadline for payment of the maintenance fee has not been paid the amount, may be paid the same with the surcharge within six months following.

Article 185. Fees.

1. After the deadline for payment of an annuity without having satisfied the amount you may be paid the same with a surcharge of 25 percent within the first three months and 50 percent within the next three, up to a maximum of six months late .


2. After the period of payment of the maintenance fee of additional certificates or the extension of the supplementary protection certificate for medicinal products without having satisfied the amount may be paid with a surcharge of 25 percent within the first three months, and 50 percent within the next three to a maximum of six months' delay.

Article 186. Reduction of rates.

1. Entrepreneurs, taking consideration of individual or small person and medium enterprises (SMEs) seeking protection for an invention by national patent or utility model may request that it be granted satisfying 50 percent of the fees established in respect application, the third, fourth and fifth, and in the case of national patents, request report on the state of the art and substantive examination annuities.

This should be provided, together with the national patent application or utility model, the request for fee reduction and credit, with the documentation required by regulations, which meet the definition of an entrepreneur of Law 14 / 2013 of 27 September, supporting entrepreneurs and their internationalization and the definition of small and medium enterprises (SMEs) adopted by Recommendation 2003/361 / EC of the European Commission of 6 May on the definition of micro, small and medium enterprises or, in case of modification or replacement thereof, applicable at the time the application is lodged.

2. Applications or pleadings submitted electronically will have a reduction of 15 percent in the amount of fees to which are attached to such requests and written, if they are submitted and the fees are paid prior to or simultaneously by such technical means.

3. further exemptions or reductions other than those expressly recognized in this Act or in his case, are established by international agreements or treaties or implementation thereof will not be accepted.

First additional provision. legal regime of procedures.

The administrative procedures provided in this Act shall be governed by specific regulations, and it matters not covered by the provisions of Law 30/1992 of 26 November on the Legal Regime of Public Administration and Procedure Common administrative.

Second additional provision. maximum terms of resolution procedures Industrial Property.

1. In accordance with the provisions of Article 59.3 of Law 2/2011 of 4 March, on Sustainable Economy, the maximum periods of resolution of administrative procedures for granting and recording of various types of industrial property shall be established by order of Minister of Industry, Energy and Tourism, on a proposal from the Spanish Patent and Trademark Office.

2. In the event of change of mode, the maximum resolution period begins to run from the date of submission of the documentation to the new mode.

3. When the deadline to complete a procedure in any of the procedures provided for in the laws governing the various types of industrial property expires on a Saturday, the processing in question may be made validly on the first working day following that Saturday.

4. The expiration of the maximum term resolution to resolve an application without having notified express resolution to legitimize interested to understand dismissed for the sole purpose of allowing the filing of administrative appeal or administrative litigation resulting from. The alleged dismissal in any circumstances preclude the duty to issue a clear decision, which was adopted without any link to the sense of silence.

Third additional provision. preferred processing applications.

A proposal by the Spanish Patent Office and by order of the Minister of Industry, Energy and Tourism will be available the preferred processing of applications for patents and utility models relating to related sustainability goals established in Act 2 technologies / 2011 of March 4, Sustainable Economy.

Fourth additional provision. Fees for the performance of the Spanish Patent and Trademark Office under the Patent Cooperation Treaty (PCT).

The amount of the fees, in accordance with the Patent Cooperation Treaty (PCT) provides each office for acting as Receiving Office Administration and International PCT will, as far as the Spanish Patent Office and refers Brands, indicated in the Annex to this Act.


The rest of the applicable fees by the Spanish Patent and Trademark Office under this Agreement shall be those set out in the Regulations under the PCT Treaty, the Agreement between the Spanish Patent and Trademark Office and the International Office World Intellectual Property organization on the operation of the Spanish Patent and Trademark Office and Administration International PCT as well as the Special Agreement between the European Patent Organisation and the Government of the Kingdom of Spain on Cooperation in issues PCT, which are in effect when the corresponding service is requested.

Fifth additional provision. Advertising requests and resolutions and inspection of files.

1. The publication of applications and decisions granting the titles of Industrial Property shall include the name of the applicant or owner, if it comes to individuals, or corporate name in the case of legal persons, and their nationality and mailing address.

2. Once published applications may be consulted documents integrate the relevant securities records without consent of applicants or licensees thereof or of the other parties or interveners.

The public consultation may be made in person or through electronic means and subject to legal or regulatory restrictions contained in the legislation on Industrial Property.

3. The public consultation will necessarily include the data necessary to identify the owner of the application or the right of Industrial Property and contact him and parties in person or intervening in the procedure, and in particular the name, if about individuals, their corporate name in the case of legal persons and postal address.

4. The public consultation may include, unless expressly opposition concerned when referring to individuals, telephone and tax identification number.

5. They are exempted from the public consultation the parties or file documents for which confidentiality has been requested by the previously concerned the request for consultation, provided that:
1st
not meet the purposes of public information own Registry of Patents and

2nd Your inquiry is not justified by overriding legitimate interests of the requesting party of that.

Sixth additional provision. Accelerated grant programs.

1. The management of the Spanish Patent and Trademark Office may establish through training programs for accelerated patent grant those applications not claiming priority of earlier applications and for which the person concerned:

A) It is expressly invoking the program of accelerated patent grant.

B) Submit the request for advance publication and request for examination, returns for a fee, either with the application or within the period established by regulation.

In the event that the application is defective, the SPTO will notify the applicant and give it a deadline to correct the defects found. Once the deadline passed without the defects have been corrected, the application shall be deemed to accelerated grant has not been made and the process will continue in the usual way outside the accelerated grant program.

2. You will not need to motivate or accelerated processing request by the applicant, or the implementation of the program by the body responsible for processing.

Seventh additional provision. Coordination with the competent bodies of the Autonomous Communities.

The Ministry of Industry, Energy and Tourism shall establish appropriate mechanisms for coordination and cooperation between the Spanish Patent and Trademark Office and the competent regions for receiving corresponding requests to the Office. The competent body of the Autonomous Community through which documentation has been submitted if any, must remain informed throughout the procedure after publication of the application. To this end, intercom systems and coordination of relevant computer records to ensure compatibility and data transmission of the seats will be implemented.

Eighth additional provision. Telematic communications Courts.


1. The documents to be submitted to the Courts for inclusion in any type of procedure, be sent in electronic form in accordance with the provisions on electronic communications in the Law 18/2011, of 5 July, regulating the use of information and communications technology in the administration of justice, as long as those have the necessary computer systems for reception and through the closed communication environments made available, which will guarantee in any case the safety and protection data and / or transmitted documents.

2. Public or private electronic documents shall be annexed to the main document, following the systems under this Act or its implementing rules and in accordance with the provisions of Law 59/2003 of 19 December, electronic signature.

Ninth additional provision. Exercise of actions based on securities whose concession is not firm in administrative proceedings.

1. Article 120.4 shall apply, in any case, at the request of either party in the process that is aimed at bringing actions whether of invalidity or infringement of the patent, when the title resulting modified outside the process as a result of a final administrative decision on granting the title in which the action is based.

2. If the final decision was appealed in contentious-administrative shall apply Article 42 of Law 1/2000 of 7 January on Civil Procedure.

Tenth additional provision. Application of the system of fees for obtaining and maintaining of securities under this Act.

1. Public universities are entitled to a fifty percent bonus in the amount of fees paid for obtaining and maintaining industrial property titles regulated under this Act and sought after the entry into force of it.

2. The bonus will be one hundred per cent, provided that proof that in the period specified in Article 90.2 has produced a real and effective economic exploitation of the patent or utility model. In this case, universities may request the refund of fees paid under the terms established by regulation.

First transitional provision. Transitional arrangements for the procedures.

1. The administrative procedures provided in this Act and initiated prior to its entry into force will be dealt with and resolved in accordance with the current legislation on the date of submission of the corresponding applications.

2. For this purpose, in applications following division, change of form or transformation of an application, it shall be considered as its filing date is the date of filing of the original application.

Second transitional provision. Securities regulations applicable to the protection of inventions granted under the previous legislation.

A titles of protection of inventions applied under the force of Law 11/1986, of March 20, Patent them shall apply the provisions contained in the titles and chapters of this Act set forth below :

1st Chapter V of Title V to the extent that those procedures relating to post-grant proceedings title "common to all procedures and information of third provisions'.

2nd Title VI, 'Effects of patent and patent application "; Title VII, "Action for violation of patent rights"; Title VIII, "The patent application and patents as objects of property right '; Title IX, 'Obligation to exploit and compulsory licensing "; Title X, "Annulment, revocation and expiration of the patent"; Title XII, 'Jurisdiction and procedural rules "; Title XIV, "Implementation of International Conventions".

3rd Chapter III of Title XIII 'Effects of concession "except for the grounds for invalidity referred to in Article 149.1.a) to be referred those provided for in articles 153.1) of Law 11 / 1986 of 20 March on Patents.

Third transitory provision. Taxes and annuities.

1. The bases and tax rates of the fees referred to Article 182.1 will be current at the time of filing of the application or service requested, provision or administrative activity in question.


2. The deadline for payment of annuities of patents granted under the previous law, the accrual date is on or after the date of entry into force of this Act and have not been paid prior to that date, it will be the provided for in Article 184.3.

3. The fee reduction provided for in Article 186.1 shall apply to applications for patents and utility models filed after the entry into force of this Act.

4. Paragraph 3 of Article 186 shall apply to applications filed after the entry into force of this Act.

5. Application fees and maintenance of supplementary protection certificates shall be in force at the time of application the certificate or extension.

Fourth transitional provision. Disclosures harmless.

Applications filed within six months after the entry into force of this Act shall apply them Article 7 of Law 11/1986, of March 20, Patent.

Fifth transitional provision. Application of the system of exploitation and transfer of inventions made by public research bodies.

References in Royal Decree 55/2002 of 18 January on the exploitation and transfer of inventions made in public research bodies, in accordance with the provisions of Article 20 of Law 11/1986 of March 20, Patent, is understood to refer to Article 21 of this Law.

Sixth transitional provision. prosecution.

The legal action had been initiated before the entry into force of this Law shall continue under the same procedure which had been initiated with.

Single derogatory provision. Repeal legislation.

Is repealed, without prejudice to the provisions of the transitional provisions, Law 11/1986, of March 20, Patent and any other provisions of equal or lower rank opposing the provisions of this Act.

First final provision. Amendment of Act of 16 December 1954 on chattel mortgage and nonpossessory garment.

Articles forty and five forty-six of the Law of 16 December 1954 on chattel mortgage and pledge nonpossessory, reads as follows:

'Article forty five.

1. They may be subject to chattel mortgage rights protected by the Industrial Property legislation such as patents, topographies of semiconductor products, trademarks, trade names, industrial designs, plant varieties and any other typical modalities, in accordance with its regulatory law.

2. It may become the mortgage guarantee both the owner and the licensee with the right to assign its right to third, both on the law itself as on the application for granting the right. They can result in mortgage guarantee their rights licensees are licensees in whole or in any of the element constituting the exclusive right, for the entire national territory or a part thereof; provided exclusive or non-exclusive license.

3. They are not subject to chattel mortgage rights registrable industrial property but not registered, very personal, financial or lacking inalienable content and, in general, those who are not susceptible individual ownership rights.

4. The guarantee extends to the rights and improvements resulting from the addition, modification or improvement of rights reserved.

5. Immediately after practicing the respective seats in the Property Registry, the Registrar shall submit officially certified its contents to the Spanish Patent and Trademark Office for registration record in the latter and coordination between two separate advertising services. The registration is deemed to guarantee constituted for the purposes provided in this Act since'll stay registered in the Property Registry.

6. Regarding the Internet domain names will be what rules have corresponding registry not being able to levy the chattel mortgage rights not subject to voluntary transfer in accordance with the provisions of the applicable regulations.

7. The rules of this Chapter establish common rules for chattel mortgages on industrial property rights on chattel mortgages and protected by legislation on intellectual property to which the following article refers rights. "

'Article forty-six.


1. chattel mortgage may be imposed both on the rights of exploitation of the work and on all those rights and intellectual property arrangements financial content that are capable of inter vivos transmission according to its regulatory law. They may also be subject to chattel mortgage rights to exploit a cinematographic work under the terms provided in the Act.

2. It may become the guarantee both the homeowner and the transferee, exclusively or as part transferee provided that he hath power to dispose of its right to third.

3. They are not subject to chattel mortgage rights registrable but unregistered intellectual property and personal rights such as the so-called moral copyright, non-alienable and in general those who are not susceptible of individual appropriation.

4. Unless otherwise agreed in the contract, the warranty on the original work does not extend to translations and adaptations; revisions, updates and annotations; abstracts, summaries or extracts; musical or arrangements which wants transformations of the work. Such transformations may be subject to as many separate warranties.

5. Immediately after practicing the respective seats in the Property Registry, the Registrar shall transmit ex officio certification of its content to the competent public registry where figurase registered the type of industrial property subject of the guarantee to maintain records and coordination between two separate services advertising. The chattel mortgage is deemed established for the purposes provided in this Act since'll stay registered in the Property Registry. "

Second final provision. Amendment of Law 17/1975 of 2 May on the establishment of an autonomous body "Industrial Property Registry".

The Law 17/1975 of 2 May on the establishment of an autonomous body "Industrial Property Registry" section Six second article is amended and a new paragraph seven added to the same article, with the following writing:

"Six. Play as a mediator and arbitration institution, and in accordance with the provisions of the Law 5/2012, of 6 July, mediation in civil and commercial matters and Law 60/2003 of 23 December on Arbitration, the functions that royal decree is attributed to resolve disputes concerning the acquisition, use, procurement and defense of industrial property rights in those matters not excluded from the free disposal of the parties according to law.

Seven. Any other function that the legislation currently entrusts to the Spanish Patent and Trademark Office or hereinafter they are expressly entrusted in their own competence. "

Final disposition third. Amendment of Law 17/2001 of 7 December, of Marks.

The first additional provision of Law 17/2001, of December 7, Trademark, read as follows:

"First additional provision. Jurisdiction and procedural rules.

1. The current rules contained in Title XII of the Law 24/2015, of July 24, Patent shall apply to the different types of distinctive signs of this law in everything that is not inconsistent with its nature, subject as provided in the following section.

2. The Commercial Courts that, according to the Organic Law 6/1985 of 1 July, the Judiciary, attributed the functions of Community Trademark Courts pursuant to Regulation (EC) No 207/2009, Council of 26 February 2009 on the Community trade mark shall be competent to hear civil disputes arising from this law when exercised cumulatively actions concerning identical or similar Community and national or international brands; or if any other connection between the claims and at least one of them is based on a registration or CTM application. In these cases the competition will correspond exclusively to the Community Trademark Courts. "

Fourth final provision. Amendment of Law 20/2003 of 7 July, on Legal Protection of Industrial Design.

Articles 24, 29, 76 are modified, the first additional provision and annex rate Law 20/2003, of 7 July, on Legal Protection of Industrial Design, which are worded as follows:

Article 24. Priority Right Unionist.

A new paragraph 4 is added to read as follows:


"4. Is not however necessary to present the copy of the earlier application or translation when the priority claim is not considered relevant in determining the validity of the registered design or the earlier application or its translation already in the possession of the Spanish Office patents and Trademarks or available in a library or digital database. "
Article 29.


Paragraph 1 of Article 29 "Examining Office" is modified the wording is as follows:

"1. Passed the formal examination and, where appropriate, received the request from the relevant body of the autonomous community, the Spanish Patent and Trademark Office will examine ex officio:

A) If the object of the application is a design in accordance with paragraph 2a) of Article 1 of this Act.

B) If the design which registration is sought is contrary to public policy or morality.

C) If the design which registration is sought is a misuse of any of the items mentioned in paragraph e) of Article 13 of this Law. "
Article 76.


Paragraphs 4 and 5 of Article 76 "Refusal and grant of protection in Spain" that are written is amended as follows:

"4. The Spanish Patent and Trademark Office shall notify the International Bureau, in the manner and time established in the aforementioned Geneva Act, the reasons for the refusal of the effects of the international registration in Spain.

5. In the event that the Spanish Patent and Trademark Office has not refused protection in Spain after the ex officio examination or opposition proceedings, the protection afforded by the international registration of a design shall take effect from the date of publication by the International Bureau. The owner of the international registration shall have the same rights and remedies that the applicant or holder of a national registry. "

First additional provision. Jurisdiction and procedural rules.

The first additional provision read as follows:

"1. Without prejudice to paragraph 2, the existing rules in Title XII of the Law 24/2015, of July 24, Patent shall apply with respect to the exercise of actions under this Act and the adoption provisional and precautionary measures, in everything that is not inconsistent with the provisions of the same.

2. The Commercial Courts that, according to the Organic Law of the Judiciary, attributed the functions of Community Trademark Courts pursuant to Regulation (EC) No 6/2002, of the Council of 12 December 2001 on the Community design shall have jurisdiction to hear civil disputes arising from this Act when exercised cumulatively actions based on community and national and international titles on the same or similar design, or if any other connection between the claims and at least one of them is based on a Community registration or application title. In these cases the competition will correspond exclusively to the Community Trademark Courts. "

Schedule of Fees.

Modification of the first rate fees provided for in Annex to the third additional provision of Law 20/2003 of 7 July, on Legal Protection of Industrial Design.

The heading of the first rate 1.7 is amended as follows:

"1.7 Oppositions: for formulation opposition: 43,70 euros.

For additional designs challenged in the same formulation opposition from the tenth:

11 to 20 designs: 34.96 euros

From 21 to 30 designs: 27.96 euros

31 to 40 designs: 22.37 euros

41 to 50 designs. 17,89 euros »

Final provision fifth. Amendment of Law 2/2014 of 25 March of Action and the State Foreign Service.

The sixteenth additional provision of Law 2/2014 of 25 March on Action and Foreign Service of the State, should read as follows:

"The sixteenth additional provision. Translations and interpretations of official character.

1. Regulations determine the requirements for translations and interpretations of a foreign language to Castilian and vice versa have official status. In any case, if this character will have been made by whoever is in possession of the title of sworn translator-interpreter granted by the Ministry of Foreign Affairs and Cooperation. The requirements for the granting of this title, as well as other elements of their legal status, will develop regulations.


2. The official status of a translation or interpretation implies that it can be provided before judicial and administrative bodies in the terms determined by regulation.

3. Sworn Translator-certify with his signature and seal of fidelity and accuracy of the translation and interpretation.

4. Translation and interpretation make a sworn translator-interpreter may be reviewed by the Office of Interpretation of Languages ​​of the Ministry of Foreign Affairs and Cooperation at the request of the holder of administrative, court, registration or competent authority before whom present. "| ||
Sixth final provision. competential title.

This Act is issued under the state jurisdiction under Article 149.1.9.ª of the Constitution in legislation on Industrial Property. Excepted from the foregoing Title VII, Title XII, the ninth additional provision, sixth transitory provision, final provisions second, third and fourth, which benefit from 149.1.6.ª article of the Constitution which grants the State exclusive jurisdiction on procedural law.

Also the first final provision, which is based on Article 149.1.8.ª of the Constitution, which grants the State exclusive jurisdiction over civil legislation, without prejudice to the preservation, modification and development by the Communities excepciona autonomous civil, provincial or special rights, where they exist.

Moreover, the fifth final provision is based on Article 149.1.18 giving the State the exclusive competence base of the legal regime of public administrations and the status of its officials.

Seventh final provision. Development Act.

The Government is authorized to issue any provisions necessary for the development and implementation of this Act.

Eighth final provision. Saving clause.

The measures included in this Act shall be dealt with ordinary budgetary allocations of the body and may not lead to increased provisions or remuneration or other staff costs in the public sector.

Ninth final provision. Entry into force.

This Law shall enter into force on 1 April 2017.

Therefore

Command all Spaniards, individuals and authorities to observe and enforce this law.

Madrid, July 24, 2015.
FELIPE R.


The Prime Minister,
MARIANO

Rajoy Brey ANNEX


The levies and charges unified the tenth article of the Law 17/1975 of 2 May on the establishment of an autonomous body "Industrial Property Registry", applied to services, facilities and activities referred to Registry Industrial Property arising from this Act, shall be:










euros








First rate. Acquisition and advocacy














1.1 Applications:












By requesting a demand deposit patent or utility model, either directly or as a result of the division of an application including the insertion of the application in the "Official Bulletin of Industrial Property"





100.38






By application protection mode change





10,30






By request report on the state of the art





684.65






At the request of substantive examination





389.77






By filing an appeal or request for review





88.09






At the request of urgent resolution of a record





47.39






The request for restoration of rights





105,35






At the request of revocation or limitation





74.19






Appeal or request for review





88.09






At the request of registration in the Special Register of Industrial Property Agents





74.01







Processing the request for supplementary protection certificates for drug-crop protection (CCP)





517.21






By request for an extension of supplementary protection certificates for drugs





517.21






1.2 Priority:












For each priority claimed in patent and utility model





19.65






1.3 Modifications:












For any modification of the file, whether to the request, description or claims, whether subsequent contributions of documents or rectification of material, factual and arithmetic or general errors for any modification in cases authorized by law





23.19






1.4 Response to hold:












By answering suspense formal defects caused by any type of file processed under this Act





42.06






1.5 Oppositions:












By submitting objections to the granting of patent records and utility models





43.27








second rate.

Maintenance and transfer of rights














2.1 Annuities:












3rd





18.48






4th





23.06






5th





44.11






6th





65.10






7th





107.47






8th





133,78






9th





167.88






10th





216.06






11th





270.82






12th





317.98






13th





365.05






14th





412.56






15th





440.59






16th





458.85






17th





490.00






18th





490.00







19th meetings




490.00






20.ª





490.00






2.1.1 Maintenance fees of supplementary protection certificates for medicinal and plant protection products:












CCP duration equal to or less than one year





803.93






CCP duration equal to or less than two years





1688.24






CCP duration equal to or less than three years





2661.05






CCP duration exceeding four years





3731.05






CCP duration equal to or less than five years





4908.12






CCP extension of duration equal to or less than one year





803.93






2.2 Delays and regularization:













By delays in annuity payments, surcharges 25 100, within the first three months and 50 per 100, within the next three to a maximum of six months' delay. However, in the next six months and a maximum of time to match the anniversary date of the following annuity, the applicant may regularize the payment of unpaid paying the annuity rate adjustment laid down in this section.












By regularizing payment of annuities provided for in Article 184.3





100.00






2.3 Operation and licenses:












For processing records commissioning of patents and utility models





21.87






For processing each license offers full or compulsory license in cases provided by the Law





19.68






Through the mediation of the Office to obtain a contractual license





131.14






2.4 Transfers:












By processing files registration of transfers or assignments or modifications. For every registration effected





13.24






2.5 For the registration of change of name of the holder:












For each registration affected





16.38








third rate. Other services














3.1 Each certification data recorded on patents, utility models or supplementary protection certificates or its extensions, as well as the issuance of authorized copy of each of the documents permitted by law





20.60






3.2 Consultation and view a record





3.56






Copy file documents





11.38






For each page exceeding 10





1,13






Ad "Assignee" of filing an administrative appeal





142.24






Ad "Assignee" failure administrative appeal





142.24






3.3 For the application of expert reports provided for in art. 120.7





2400








fourth rate














European Patents 4.1:












Publication of the claims





107, 80






Publication of a booklet (up to 22 pages)





320.93






Additional page booklet





12,90






4.2 International Patents:












Transmission rate





74.25






Fee for priority document transmission





29.69






International preliminary examination fee





583.65






Additional fee for international preliminary examination





583.65