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Frequently Asked Questions Industrial Property

Yes, when there are several applicants, it is absolutely necessary that all of them sign. The application is not valid with one signature unless the other parties authorise one of them to act as their representative. In this case, a duly signed statement must be submitted as proof of this authorisation.

This is something an employee invents, during the term of a contract or employment relationship, that is the result of the employee's research activities, provided that said invention is covered by the employment contract, i.e., that the employee was hired for that purpose. Work-related inventions belong to the owner of the company.

Yes. Industrial property rights can be passed on, given in guarantee or be the subject of real rights, regardless of whether ownership of the company has been wholly or partially transferred. For such actions with third parties to take effect in good faith, they must be registered with the SPTO.

The main encumbrances include:

- licences: the holder of the right allows its use or exploitation by others but retains “ownership”.

- transfers: the holder of the right transfers ownership to third parties.

- chattel mortgages: the holder of the right grants it in guarantee of a payment.

- usufruct: the holder grants the right of use to a third party, which can involve the exploitation or use of the property, or the income obtained from the licence fees paid to third parties.

Yes. Applications submitted at offices in the Autonomous Regions can be written in the co-official languages of the region, but they must be accompanied by a Spanish translation, which will be considered binding in the event of any conflict in interpretation of the two texts.

However, applications submitted directly to the SPTO head office must be written in Spanish.