Oficina española de Patentes y Marcas

Instruction dated 24 March 1998, from the Spanish Patent and Trademark Office, which introduces its standardised forms on its website.

Article 70.4 of Law 30/1992, dated 26 November, the Legal Scheme for the Public Administrations and Common Administrative Procedure, indicates that the Administrations must establish standardised application forms and systems for procedures that entail numerous resolutions on a series of procedures; these forms must be made available to the public.

In the area of industrial property, article 3 of the executive Regulation for the Patents Act, approved by Royal Decree 2245/1986, dated 10 October, and article 2.1 of the implementation Regulation for the Trademarks Act, approved by Royal Decree 645/1990, dated 18 May, outline the use of standardised forms.

On the other hand, article 45 of Law 30/1992, dated 26 November, the Legal Scheme for Public Administrations and Common Administrative Procedure, regulates the inclusion of technical media in carrying out the activities of the Public Administrations, fostering their use. This article is developed by Royal Decree 263/1996, dated 16 February, which regulates the use of electronic, computer and online media by the Spanish Central Administration.

The availability of an SPTO website enables users to fill out standardised forms using this medium.

By virtue of the above, I hereby stipulate:

• That the Spanish Patent and Trademark Office may introduce, on its Internet page, the standardised forms used in the different administrative procedures.
• That the Spanish Patent and Trademark Office shall accept, only on paper, the forms obtained from its website with the specifications indicated. The printing quality must be similar to that of the Spanish Patent and Trademark Office's own printed forms. The general scheme for forms shall apply in all other matters.
• The instructions in the two sections above do not affect the submission of forms on paper, which will continue to be accepted as they have up to now.

This Instruction shall be published in the Spanish Official Industrial Property Gazette and shall take force the day after its publication.

Madrid, 31 March 1998