Auto FORUM 2000

The seventh final provision of Law 24/2015, of July 24, on Patents (hereinafter, the Law) authorizes the Government to dictate the necessary provisions for its development and application. By virtue of this, this regulation has been drafted, which gives continuity and effectiveness to the innovations introduced by the Law. Through this royal decree, the Regulation for the execution of Law 24/2015, of July 24, on Patents, is approved, a necessary development to achieve the objectives of said Law, in particular, by establishing a system for granting strong patents, generating legal certainty by bringing together the previous regulatory dispersion on the matter in two rules, improving regulatory clarity, making procedures more flexible and streamlining, adapting and modernizing aspects such as professional representation before the Spanish Patent and Trademark Office, promoting innovation and support for small and medium-sized enterprises (SMEs) and entrepreneurship. The Regulation, which is approved by this royal decree, consists of one hundred and fifteen articles, divided into eleven titles, six additional provisions and an annex.

Title I deals entirely with invention patents and is structured into five chapters. Chapter I is dedicated to the patent application and the different documents that make it up, as well as its wording and content. Chapters II to V deal with the development of the various procedures for processing the patent, from its application to the grant and subsequent opposition, possible appeals as well as the processing of revocation or limitation and other procedures. In this regard, Chapter II includes the regulatory provisions relating to the concession procedure and divides them into three sections: the first section, on WhatsApp Number List admission for processing and ex officio examination; the second section, relating to the Report on the State of the Art and the written opinion; and the third section, on substantive examination and resolution of the procedure. Chapter III continues with the opposition procedure in accordance with the provisions of the Law, which places the opposition process at a time after the concession. Chapter IV deals with the revocation or limitation procedure. In both cases, it is a novel and unprecedented regulation within the Spanish procedure for granting patents, which is why, for its drafting, the Regulations for the Implementation of the Munich Convention of October 5, 1973 have been taken into account, as as modified by the Act of Revision of the European Patent Convention, made in Munich on November 29, 2000 (hereinafter, Act 2000), and the practice arising under it.




Finally, Chapter V is dedicated to the regulation of other procedures and is divided into three sections: section one, on divisional applications; second section, related to change of modality; and third section, on secret processing of patents that are of interest to national defense. Title II refers to complementary certificates for the protection of medicines and phytosanitary products, regulating for the first time the processing procedure for their granting. Title III deals with utility models and is divided into two chapters, referring respectively to the various procedures of the concession procedure and practical issues related to the mandatory report for the exercise of judicial actions provided for in article 148.3 of the Law. Title IV regulates aspects common to the previous modalities. In particular, Chapter I refers to the modification of the application and other documents and rectification of errors; Chapter II to measures regarding deadlines; and Chapter III to the performance of the Spanish Patent and Trademark Office as a patent registry and its public information activity. Title V is structured in two chapters. Thus, Chapter I covers the registration of assignments, licenses and other modifications of rights. For its part, Chapter II, for greater coherence and systematicity, regulates the registration of the offer of full licenses by the holder, separating this matter from that related to compulsory licenses.