Full licences


Chapter 3, Title VIII of Law 11/1986, the Patents Act, seeks to promote the use of patents through Full Licences, enabling patent and utility model owners to offer them and take advantage of benefits in the maintenance fee payment conditions. Specifically, article 81.1 establishes that "if the patent owner offers full licences, declaring, in writing to the Spanish Patent and Trademark Office that they are willing to authorise the use of the invention by any interested party as a licensee, the annual fees due for the patent will be reduced by half once the declaration has been received".

Article 82.1 establishes a procedure by which "anyone wishing to use the invention based on the full licence offer must notify the Spanish Patent and Trademark Office, in triplicate, indicating the use to be made of the invention. The Office will send one copy of the notification by registered post to the patent owner, and the other will be sent to the applicant. Both copies must bear the Office's seal and the same dispatch date". Likewise, "the licence applicant will be authorised to use the invention in the manner stated by the applicant one week after the date on which the SPTO notification was sent".

The legislation also establishes that "failing an agreement between the parties, the SPTO, upon written request from either of them and subsequent to an audience with both parties, shall determine the appropriate amount of compensation to be paid by the licensee or modify it in the event that new facts come to light that clearly indicate the unsuitability of the amount established. Requests to modify the compensation established by the SPTO may be submitted only after one year has elapsed from the date on which it was last established. In order for the compensation establishment or modification request to be deemed submitted, the corresponding fee must have been paid".

Likewise, the SPTO must "enter full licence offers in the Patent Registry and afford them adequate publicity". Until now, due to the technical resources available to the SPTO, the legally established publicity was limited to insertion of the Full Licence Offer Admission in the Spanish Official Industrial Property Gazette.

The interest of these offers, insofar as they encourage the use and transfer of technology and the development of information technologies, has led to this SPTO initiative to publish the patents accepted as Full Licence Offers more actively, enabling them to benefit from a 50% discount in the maintenance fee. This publicity is through publication of the patents and utility models with full licence offers on the web page.

OBTAINING THE INFORMATION

Each PDF format file lists:

- both national patents (with application numbers beginning with the letter P) and European patents valid in Spain (with application numbers beginning with the letter E).

- utility models (with application numbers beginning with the letter U).

Both patents and utility models are sorted by technical sector, corresponding to the WIPO Technical Units, and can be browsed by title. If a particular title is of interest, the full text can be read by clicking on the blue hyperlink over the publication number.

WHAT DOES IT COST TO USE THIS INFORMATION?

The information is free of charge.

WHAT CAN THE INFORMATION OBTAINED BE USED FOR?

You can use the information contained in this publication to access technology available through licences, which often saves a great deal of time and work in new developments.

Once you have found a patent or utility model of interest, it is important to consult the registration details. The patent may have ceased to pay the annual fees or its legal status may have changed. You can obtain this information free of charge on this Office's web page at www.oepm.es, accessing "Databases" > "File Status" and entering the application number that appears in the files. You can also contact the point of contact indicated below. 

Contacts

Telephone information service

- Fax: 91 349 55 97

- E-mail: Informacion@oepm.es

More information