Participating Offices

Spain

Notifications

Date: August 26, 2013

The Spanish Patent and Trademark Office is pleased to announce that, following relevant technical tests with the invaluable help of WIPO support service, from September 1, 2013 is possible to extend the scope of the digital library of SPTO, to the following groups:

• Industrial Designs
• Utility models
• PCT applications filed with the SPTO as Receiving Office
• May join the digital library all those applications which expressly request it and are in the period of priority.

As Office Access, SPTO will recognize priority documents allowing foreign priority claim derived from those patent applications, utility models, industrial designs and other PCT applications filed in other receiving Offices which had been deposited in a timely manner in any of the participant Offices and that are both in period of priority as in the 4-month period for filing a certificate of priority over SPTO. The SPTO will accept documents both in color and in grayscale. This recognition does not exempt from the need to provide in time and form the translation of the priority documents when the language is not Spanish.

Technical aspects

• All documents and information will be exchanged via PCT EDI according to its specifications.
• 1st September 2013 will be the start date from which it will be possible for SPTO to file and retrieve priority documents according to 'Route N' or 'New Route' in accordance with paragraphs 10 and 12 of the Regulation framework that entered into force on July 1, 2012.

Practical information

• The request to the SPTO for allowing access to an application through the Service may be made by filling out the corresponding form, available at the electronic site of the Office as well as through the registration desk of SPTO . It may also be done by checking the appropriate boxes in the online filing forms. The applicant must state that the document shall be included in the Digital Access Service for availability. This communication shall be forwarded to WIPO whom in turn will forward the access code to the applicant via email. This procedure is free of charge.
• To ask the recovery of a priority from the service to the SPTO as Access Office, the applicant shall draw this into the application form, indicating the date on which the document has been made available to SPTO or by sending a letter to the SPTO. The applicant will have four months from the filing date to report document accessibility through the service. If SPTO could not retrieve the document, it will contact the applicant, giving a period of two months to resolve the problem.

Date: September 29, 2009

The Spanish Patent and Trademark Office notified the International Bureau in accordance with paragraphs 10 and 12 of the Framework Provisions that it would commence operation as both a depositing Office and an accessing Office with effect from 1 October 2009.

Recognizing priority documents provided by the applicant via the Service and the eligibility of the legal channel which allows, under exceptional circumstances, late compliance with the requirements of necessary documentation for a valid priority claim, would be included in the regulatory standards for restoration of rights or restitutio in integrum contained in Article 25 of Law 17/2001 on Trademarks of December 7, applicable to other industrial property arrangements by express reference to the Seventh Additional Provision of the above Law. Equally, Articles 47 and 48 of Decree 687/2002, of July 12, adopting the Regulations implementing the Law on Trademarks, will be applicable.

Following the meeting with the Consultative Group and designation by the International Bureau on September 22, 2009, the scope of OEPM’s Digital Library as a Depositing Office is defined in the following manner: all national patent applications filed with OEPM on October 1, 2009 or later with the applicant expressly indicating that it would like to use the service:

As Accessing Office, OEPM will recognize priority documents which allow a claim to foreign priority based on those applications which would have been filed on time with one of the Participating Offices as of October 1, 2009. This recognition would not remove the requirement to file in a timely and reliable manner the translation of the priority documents when the language is not Spanish.

Technical aspects

• All documents and information will be exchanged via PCT-EDI, in accordance with its specifications;
• As Depositing Office, OEPM has adopted Route A from among the alternative entry routes.

Practical information

• A request to OEPM for access to an application via the Service may be made by completing the corresponding form, available on the Office's web site, as well as at the OEPM’s virtual registry office or in writing with the person concerned clearly indicating that the document should be made available to the Digital Access Service. This communication will be transferred to WIPO which will then send access codes for the Service to the applicant by email.
• To request OEPM as Accessing Office to retrieve a priority document from the Service, the applicant should indicate as much on the application form along with the date on which the document became available to OEPM or send a letter to OEPM. The applicant will have four months from the application date to provide notification that the document is accessible via the Service. If OEPM is not able to retrieve the document, it will notify the applicant, offering a period of two months to rectify the problem.