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Friday, 31 March 2017 08:41

BREAKING NEWS: New patent law 24/2015

On July 25, 2015, the Official State Gazette published the Law 24/2015, of July 24, on patents, setting a period of vacatio legis of almost two years. Thus, this Saturday comes into force the new patent law with two main objectives: the harmonization of national and international legislation with Industrial Property rights and offer users more efficient and quality comparable to other international systems. We leave you the most important legislative news.

ENTRY INTO FORCE 1 APRIL 2017

I. THE GENERAL CONCESSION PROCEDURE IS DISAPPEARED

The general concession procedure is deleted and formal defects will not interrupt the search, so that the applicant will have a first communication from the Spanish Patent and Trademark Office (OEPM) which will include the Report on the State of the Art with its corresponding Opinion Writing and technical defects found.

The applicant may request a substantive examination and modify the application according to the communication received.

II. UTILITY MODELS

It extends the scope of protection of chemicals, except for substances and pharmaceutical compositions.

The applicant for a Utility Model must request from the OEPM a Report on the State of the Art to take legal action in the defense of their rights.

III. MEDIATION OF OEPM

The OEPM will have powers to mediate and arbitrate the disputed issues, except in the procedures of concession, opposition or resources referring to the titles.

IV. RATES

Regarding the subject of fees, the 50% discount on the deposit rate, search rate, examination and the first three annuities for entrepreneurs and SMEs is contemplated.

V.- PROCESS NEWS

  • The legitimation to obtain the titles of Industrial Property rests with the natural or juridical persons, including the entities of public law without making distinctions according to the nationality or residence.
  • Use of "preventive writs" by those who envisage the filing of a request for precautionary measures without prior hearing against them.
  • The possibility of patenting substances or compositions already known for use as a medicine or for new therapeutic applications.
  • The existing 20-day deadline is extended to respond to a two-month lawsuit.
  •  Establishment of coercive compensation to ensure cessation of infringing activity.
  • The obligation of confidentiality of the Industrial Property Agents is established.

Writings SF Lawyers