New special agreement between the SPTO and the european patent office
On March 17, 2009 the Special Agreement between the Spanish Patent and Trademark Office (SPTO) and the European Patent Organization (EPO) was published in the Official State Bulletin, regarding cooperation in areas related to the Patent Cooperation Treaty (PCT).
This new Special Agreement substitutes the previous version, dated February 10, 1999, and establishes the foundation for developing cooperation initiatives between the SPTO and the EPO.
By means of this Agreement, the EPO and the SPTO establish cooperation with the aim of carrying out tasks that correspond to them in their role as International Search Office. By this virtue, each of the offices will act as competent authority as an International Search Office for international applications for which it has been chosen by the applicant. The main objective of the agreement is to synchronize search activities included in the PCT within the framework of the European system of patent concessions. Both entities are committed, based on this arrangement, to cooperate on questions related to the application of the before-mentioned PCT and the subsequent development of international cooperation that it establishes.
The SPTO will adopt a rate system and other charges for work carried out as International Search Office, which will be identical to the one established by the rate Regulation of the E.P.O. For their part, in terms of searches corresponding to international applications, the EPO and the SPTO shall apply that which is set out in the PCT and its Regulations, as well as in the corresponding Guidelines written up to cover the mentioned Treaty.
In order to draw up international search reports, the SPTO will use data bases and search tools created by the EPO, as long as they're available, as stated in the new Special Agreement singed between both entities.
Lastly, it should be pointed out that the treaty is provisionally applicable, pending definitive ratification by the General Courts.
