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Other procedures

 

During the processing and the duration of the invention title, and even after its expiry, you may have to carry out the following formalities:

 

  • Modifications

    During the procedure for filing amendments to an application/right to protect an invention, the Patents Act provides for an examination of the established requirements, after which the SPTO may accept or reject the amendment.

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  • Extension of deadlines

    You can request an extension of 2 months to carry out a procedure or reply to a notification from the SPTO, as long as it does not affect interested third parties.

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  • Representation

    At any time, you can register an industrial property representative or agent to act on your behalf before the SPTO, as well as deregister them.

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  • Certification and authorised copy

    You can request a certification of the registration data of your industrial protection application/right, which is legally valid vis-à-vis third parties.

     

    You can request an authorised copy of the application as filed in order to claim your industrial protection application/right as a priority of another application in another country or region. In addition, you can request an authorised copy of the patent as granted, for example, in order to enforce it against third parties.

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  • Reinstatement of rights

    If you have lost your industrial property application/right because you missed a deadline, you can apply for reinstatement of rights to get it back.

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  • Repayment of sums unduly paid

    If, when paying an industrial property right fee, you make a mistake in the fee code or in the amount, you can request a refund of the amount wrongly paid.

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  • Out-of-court settlement of disputes

    Before initiating legal action concerning an industrial protection right, you can ask the SPTO for assistance in conciliation regarding inventions made by employees. And instead of taking legal action, you can seek arbitration or mediation.

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  • WIPO Digital Access Service (DAS)

    You can request that your application be placed in a WIPO digital library free of charge, in order to be able to claim it as a priority for your application in another country or region, without having to provide a certified copy.

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  • Procedure for limitation or revocation

    You can request the limitation or revocation of a national patent, a utility model or a European patent with effects in Spain at any time after the protection right has been granted and throughout its legal life.

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