Oficina española de Patentes y Marcas

1. APPLICATIONS FOR SUBSIDIES

Responsibility: The Spanish Patent and Trademark Office OA (SPTO), with registered office at Paseo de la Castellana 75, 28071 Madrid, telephone: 902 0157 0530. Email: protecciondedatos@oepm.es

Data protection officer: You can contact the data protection officer by writing to protecciondedatos@oepm.es

Purpose: The data collected in the application will be used for contact purposes and administering the aid. Personal data supplied in the application form: your name and surname(s), national identification number (NIF), telephone number, and postal and email addresses will be processed to verify your identity and for notification and contact purposes.

Legal grounds: The SPTO has legal grounds for processing personal data under the following regulations:

• Law 38/2003, of 17 November, the General Subsidies Act.
• Order IET/940/2013, of 24 May, establishing the terms and conditions regulating the granting of subsidies to foster patent applications and utility models by the Spanish Patent and Trademark Office (article 5.6).
• Resolutions concerning funding rounds.
• Law 39/2015, of 1 October, the Common Administrative Procedures of the Public Administrations Act (articles 9 and 66), on a supplementary basis.

Order IET/940/2013.

“Article 5.6. Initiation of the procedure

Applications must be submitted in the form established for each funding round, and must be accompanied by the following documentation, which must be provided in electronic format:

a) The applicant's identification details:

1. For legal persons, this will be their tax identification number (CIF). They must also provide evidence of the powers of attorney of the signatory of the application; this must be provided electronically.
2. For individuals, this will be their national identification number (NIF). This will not need to be provided if: the applicant authorises the decision-making body to confirm this using the Ministry of the Interior's databases; the aid application is signed using the applicant's digital certificate; the application is submitted through a representative; or the declarations of the party responsible, their authorisation and the bank details are signed using the digital certificate of the individual applying for the aid.

Pursuant to Law 11/2007, of 22 June, the Citizens' Electronic Access to Public Services Act, the decision-making body may require the original documentation to be provided at any time.

b) Evidence of the performance of the activity to be subsidised, in accordance with the terms and conditions of each funding rounds. The activities to be subsidised must have been performed before the application for aid, and evidence of this must be provided together with the aid application.

c) A declaration by a responsible party about any aid requested and obtained in relation to subsidies for the same costs. This declaration must contain all “de mínimis” aid received by the beneficiary during the current and previous two financial years. Any events that affect this declaration during the terms of the procedure must be disclosed to the decision-making body.

d) Any other documentation established for each funding round.”

Law 39/2015 also applies, article 9 of which establishes the systems for identifying the applicant and any representative they may have, obliging the public administrations to verify the identity of the interested parties through their national identity card (DNI) or equivalent in the procedure. Article 66, referring to the initiation of applications, sets out the data required: the name and surname(s) of the user and/or their representative; physical or electronic notification details; the facts, reasons and request involved in the application; the signature of the applicant; and the body to which it is addressed.

Recipients:

The owner's data and national identification number (NIF) or tax identification number (CIF) may be provided to other public administrations. In particular, this information will be provided to the General Treasury of the Social Security, the Ministry of the Interior and the Spanish State Tax Administration Agency (AEAT).

The owner's data, identification number (NIF) or tax identification number (CIF), address and the amount of aid granted will be included in the national subsidies database, pursuant to article 8.c. of Law 19/2013, the Transparency, Access to Public Information and Good Governance Act.

The owner's data, identification number (NIF) or tax identification number (CIF), account number and the amount of aid granted will be communicated to the bank involved (la Caixa) to make the payment.

The owner's data, identification number (NIF) or tax identification number (CIF), address and social security and AEAT tax agency details may be provided to the government's auditors.

The cases can only be consulted online by users with a password.

Rights: The user can exercise their rights to: access their personal data; request the rectification of inaccurate data; request erasure when, among other reasons, these details are no longer necessary for the purposes for which they were collected; and data portability.

These rights may be exercised directly by the user or by a duly authorised representative through a request addressed to the SPTO, preferably by email to protecciondedatos@oepm.es

Complaints may also be filed with the Spanish Data Protection Agency (www.aepd.es), particularly when the user feels that their rights have not been respected or dealt with in the established period.

Source: The file will only include the data provided by the interested parties.

2. RETURN OF UNDUE AMOUNTS

Responsibility: The Spanish Patent and Trademark Office OA (SPTO), with registered office at Paseo de la Castellana 75, 28071 Madrid, telephone: 902 0157 0530. Email: protecciondedatos@oepm.es

Data protection officer: You can contact the data protection officer by writing to protecciondedatos@oepm.es.

Purpose: The data collected in the application will be used to administer the return of amounts paid unduly in procedures relating to industrial property.

Legal grounds: The SPTO has legal grounds for processing personal data under the following regulations governing the procedure for returning funds:

• Law 8/1989, of 13 April, the Public Fees and Prices Acts.

Article 12. Reimbursement.

The reimbursement of amounts charged applies when the event that gave rise to their payment did not occur, for reasons not attributable to the taxpayer

• Law 24/2015, the Patent Act

Article 183, reimbursement of fees

1. If an application for a patent or other form of protection provided for in this Law is withdrawn, allowed to lapse or rejected before the start of the provision of the corresponding administrative activity or service, the fees paid for these will be returned to the applicant, except for the application fee.
2. When the state of the art report can be based fully or partially on the international search report from the international Patent Cooperation Treaty application, 25 percent, 50 percent, 75 percent or 100 percent of the fee will be reimbursed to the applicant, depending on the scope of the report.
3. When the substantive examination can be based fully or partially on the preliminary international examination report by the Preliminary International Examining Authority, 25 percent, 50 percent, 75 percent or 100 percent of the fee will be reimbursed to the applicant, depending on the scope of the report.
4. An appeal fee is payable if an appeal is lodged. This fee is not returnable, unless the appeal is accepted in full based on legal reasons that were not duly appreciated in the decision being appealed against that are attributable to the Spanish Patent and Trademark Office. The reimbursement of the fee must be requested when the appeal is lodged, and the decision on its return will be included in the decision on the case.

• Law 58/2003 of 17 December, the General Tax Act.

Article 121, transfer of data

The declaration filed by the taxpayer with the administrative body to determine the amount, if any, that should be returned, is considered to represent a transfer of data. The return will be understood to have been requested through the filing of this communication.

• Law 39/2015 also applies, article 9 of which establishes the systems for identifying the applicant and any representative they may have, obliging the public administrations to verify the identity of the interested parties through their national identity card (DNI) or equivalent in the procedure. Article 66, referring to the initiation of applications, sets out the data required: the name and surname(s) of the user and/or their representative; physical or electronic notification details; the facts, reasons and request involved in the application; the signature of the applicant; and the body to which it is addressed.

Recipients: The owner's data, identification number (NIF) or tax identification number (CIF), account number and the amount to be returned will be communicated to the bank involved to make the payment.

Rights: The user can exercise their rights to: access their personal data; request the rectification of inaccurate data; request erasure when, among other reasons, these details are no longer necessary for the purposes for which they were collected; and data portability.

These rights may be exercised directly by the user or by a duly authorised representative through a request addressed to the SPTO, preferably by email to protecciondedatos@oepm.es

Complaints may also be filed with the Spanish Data Protection Agency (www.aepd.es), particularly when the user feels that their rights have not been respected or dealt with in the established period.

Source: The file will only include the data provided by the interested parties.

3. GENERAL PURPOSE REQUEST

Responsibility: The Spanish Patent and Trademark Office OA (SPTO), with registered office at Paseo de la Castellana 75, 28071 Madrid, telephone: 902 0157 0530. Email: protecciondedatos@oepm.es

Data protection officer: You can contact the data protection officer by writing to protecciondedatos@oepm.es.

Purpose: The information in the application is used to identify the applicant and the case.

Legal grounds: The SPTO has legal grounds for processing personal data under the procedure regulated in Law 39/2015:

Article 66. Initiation requests.

Applications must contain:

1. The user's name and surname(s) and those of their representative, if they have one.
2. Identification of the electronic media, or physical location in the absence of this, for notification purposes. Users may also provide their email address or other electronic device to be used by the public administrations to inform them of the delivery of, or provide them with, the notification.
3. The facts, reasons and request involved in the application, all clearly set out.
4. The place and date.
5. The signature of the applicant or demonstration of the authenticity of their will, expressed through any media.
6. The administrative body, centre or unit to which it is addressed and its identification code.

Recipients: The personal data collected will not be transferred to other public administrations.

Rights: The user can exercise their rights to: access their personal data; request the rectification of inaccurate data; request erasure when, among other reasons, these details are no longer necessary for the purposes for which they were collected; and data portability.

These rights may be exercised directly by the user or by a duly authorised representative through a request addressed to the SPTO, preferably by email to protecciondedatos@oepm.es

Complaints may also be filed with the Spanish Data Protection Agency (www.aepd.es), particularly when the user feels that their rights have not been respected or dealt with in the established period.

4. FILING GENERAL POWERS OF ATTORNEY

Responsibility: The Spanish Patent and Trademark Office OA (SPTO), with registered office at Paseo de la Castellana 75, 28071 Madrid, telephone: 902 0157 0530. Email: protecciondedatos@oepm.es

Data protection officer: You can contact the data protection officer by writing to protecciondedatos@oepm.es.

Purpose: The data collected in the application will be used to register the general powers of attorney with effects in the SPTO

Legal grounds: The SPTO has legal grounds for processing personal data under the procedure regulated in:

• Royal Decree 687/2002, of 12 July, approving the Regulation for implementation of Law 17/2001, of 7 December, the Trademark Act.

Article 57. Accreditation of representation.

2. A general power of attorney can be presented empowering the representative to act in all of the principal's trademark and trade name activities. The Spanish Patent and Trademark Office keeps a registry of general powers of attorney.

• Royal Decree 1937/2004, of 27 September, approving the Regulation for implementation of Law 20/2003, of 7 July, the Industrial Design Legal Protection Act.

Additional provision two. Representation.

The regulations set forth in chapter VI of title VIII of the Regulation implementing Law 17/2001, of 7 December, the Trademark Act, approved by Royal Decree 687/2002, of 12 July, shall apply to the representation of users in all procedures and actions under Law 20/2003, of 7 July, and this regulation. Article 57.2 of the Regulation implementing Law 17/2001, of 7 December, shall also apply to the procedures and actions provided for under the regulations governing the other types of industrial property.

• Royal Decree 316/2017, of 31 March, approving the Regulations for implementation of Law 24/2015, of 24 July, the Patent Act.

Article 108. Accreditation of representation for inventions.

2. In cases where powers of representation have to be demonstrated, representatives must file a power of attorney signed by the interested party with the Spanish Patent and Trademark Office for inclusion in the case. The power of attorney may be granted for one or more applications or for one or more registries identified in the power of attorney. A general power of attorney may be granted, empowering the representative to act in all processes relating to patents for inventions, utility models and supplementary protection certificates, and their extensions by the principals.

Recipients: The personal data collected will not be transferred to other public administrations.

Rights: The user can exercise their rights to: access their personal data; request the rectification of inaccurate data; request erasure when, among other reasons, these details are no longer necessary for the purposes for which they were collected; and data portability.

These rights may be exercised directly by the user or by a duly authorised representative through a request addressed to the SPTO, preferably by email to protecciondedatos@oepm.es

Complaints may also be filed with the Spanish Data Protection Agency (www.aepd.es), particularly when the user feels that their rights have not been respected or dealt with in the established period.

5. SIGNED DECLARATION FOR REGISTRATION IN THE SPECIAL REGISTER OF INDUSTRIAL PROPERTY AGENTS AND START OF ACTIVITY AS AN INDIVIDUAL INDUSTRIAL PROPERTY AGENT

Responsibility. The party responsible for processing the personal data is the Spanish Patent and Trademark Office OA (SPTO), with registered office at Paseo de la Castellana 75, 28071 Madrid, telephone: 902 0157 0530. Email: protecciondedatos@oepm.es

Data protection officer: You can contact the data protection officer by writing to protecciondedatos@oepm.es.

Purpose. Registration in the Special Register of Industrial Property Agents and start of activity as an individual industrial property agent.

Legal grounds. The SPTO has legal grounds for processing personal data under the procedure regulated in:

• Law 24/2015, of 24 July, the Patent Act.

Article 179. Performance of professional activity, the Special Register of Industrial Property Agents and the Spanish Patent and Trademark Office.

1. To start activity as an industrial property agent, whether directly or through a legal person, the user must first file a signed declaration with the Spanish Patent and Trademark Office in which they state under their own responsibility, pursuant to the Regulation implementing this Law, that: they meet the requirements set down in articles 176 and 177 and are not subject to any of the incompatibilities in article 178; that they have the documentation to demonstrate this; and that they undertake to remain compliant until they cease to act in this capacity due to any of the circumstances in article 180.

Compliance with these requirements entitles them to exercise this professional activity throughout the national territory of Spain for an indefinite period.

2. The documentation demonstrating compliance with the legal requirements must be available for presentation to the Spanish Patent and Trademark Office upon request. Documents from other European Union member states will be accepted for this purpose that demonstrate that they meet these requirements, as stipulated in article 17.2 of Law 17/2009, of 23 November, the Free Access and Use of Service Activities Act.
3. Once the declaration referred to in section 1 has been received and the fee has been paid, the Spanish Patent and Trademark Office registers the agent in its Special Register of Industrial Property Agents as a legal representative entitled to act before it.
4. In their relations with the Spanish Patent and Trademark Office, Agents must use their own name, followed by an indication that they are an agent and, in the case of legal persons, the name under which they act and their registered office.

• Royal Decree 316/2017, of 31 March, approving the Regulations for implementation of Law 24/2015, of 24 July, the Patent Act.

Article 110. Exercise of the professional activity and the Special Register of Industrial Property Agents.

1. To start activity as an industrial property agent, the user must first file a signed declaration with the Spanish Patent and Trademark Office in which the interested parties state under their own responsibility that: they meet all of the requirements set down in articles 177 of the Law and are not subject to any of the incompatibilities in article 178, and that they undertake to remain compliant until they cease to act in this capacity due to any of the circumstances in article 180 of the Law.
2. The signed declaration enables them to exercise this activity throughout the national territory of Spain for an indefinite period from its filing. Once the signed declaration has been received, the Spanish Patent and Trademark Office will proceed to register the industrial property agent in the Special Register of Industrial Property Agents. If the signed declaration has any defects, the Spanish Patent and Trademark Office will give the user ten days to correct the issue, indicating that if this is not done, the signed declaration will be regarded as not having been filed.
3. The Office cannot require the presentation of documentation demonstrating compliance with the requirements together with the signed declaration. However, this documentation must be available for presentation to the Spanish Patent and Trademark Office upon request.

Documents from other European Union member states are accepted for demonstrating compliance with the requirements under prevailing regulations, pursuant to article 17.2 of Law 17/2009, of 23 November, the Free Access and Use of Service Activities Act.

Recipients. The name, surname(s), address, telephone and fax numbers and professional email address of industrial property agents registered in the Special Register of Industrial Property Agents are published on the SPTO website, which can be accessed and searched free of charge, to foster professional contacts.

Rights. The user can exercise their rights to: access their personal data; request the rectification of inaccurate data; request erasure when, among other reasons, these details are no longer necessary for the purposes for which they were collected; and data portability.

These rights may be exercised directly by the user or by a duly authorised representative through a request addressed to the SPTO, preferably by email to protecciondedatos@oepm.es

Complaints may also be filed with the Spanish Data Protection Agency (www.aepd.es), particularly when the user feels that their rights have not been respected or dealt with in the established period.  

6. APPLICATION TO AMEND AGENT AND NOMINEE DETAILS

Responsibility: The Spanish Patent and Trademark Office OA (SPTO), with registered office at Paseo de la Castellana 75, 28071 Madrid, telephone: 902 0157 0530. Email: protecciondedatos@oepm.es

Data protection officer: You can contact the data protection officer by writing to protecciondedatos@oepm.es.

Purpose: The data collected in the application will be used to register the general powers of attorney with effects in the SPTO

Legal grounds: The SPTO has legal grounds for processing personal data under the procedure regulated in:

• Royal Decree 687/2002, of 12 July, approving the Regulation for implementation of Law 17/2001, of 7 December, the Trademark Act.

Article 57. Accreditation of representation.

4. Any representative who loses their powers of attorney will continue to be regarded as a representative until the expiry of their power of attorney is reported to the Spanish Patent and Trademark Office or other competent body.

• Royal Decree 1937/2004, of 27 September, approving the Regulation for implementation of Law 20/2003, of 7 July, the Industrial Design Legal Protection Act.

Additional provision two. Representation.

The regulations set forth in chapter VI of title VIII of the Regulation implementing Law 17/2001, of 7 December, the Trademark Act, approved by Royal Decree 687/2002, of 12 July, shall apply to the representation of users in all procedures and actions under Law 20/2003, of 7 July, and this regulation. Article 57.2 of the Regulation implementing Law 17/2001, of 7 December, shall also apply to the procedures and actions provided for under the regulations governing the other types of industrial property.

• Royal Decree 316/2017, of 31 March, approving the Regulations for implementation of Law 24/2015, of 24 July, the Patent Act.

Article 108. Accreditation of representation for inventions.

4. Any representative who loses their powers of attorney, for whatever reason, will continue to be regarded as a representative until the termination of their power of attorney is reported to the Spanish Patent and Trademark Office or other competent body.

Recipients: Changes to the address, telephone and fax numbers and professional email address of industrial property agents will be published on the SPTO's website.

Rights: The user can exercise their rights to: access their personal data; request the rectification of inaccurate data; request erasure when, among other reasons, these details are no longer necessary for the purposes for which they were collected; and data portability.

These rights may be exercised directly by the user or by a duly authorised representative through a request addressed to the SPTO, preferably by email to protecciondedatos@oepm.es

Complaints may also be filed with the Spanish Data Protection Agency (www.aepd.es), particularly when the user feels that their rights have not been respected or dealt with in the established period.