Protection of personal data (Inventions)


Who is responsible for processing your data?

The Spanish Patent and Trademark Office, O.A. (SPTO), with registered office at Paseo de la Castellana 75, 28071 Madrid. You can contact us by calling 902 157 530 or writing to protecciondedatos@oepm.es.

Who is the data protection officer?

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

Why do we process your personal data?

The purposes for which the Spanish Patent and Trademark Office processes your data are:

  • To administer your case: Your name and surname(s), nationality, telephone and fax number, and postal and email addresses, and those of your representative, if you have one, will be processed to verify your identity and process your case, and for notification and contact purposes.
  • Registry publicity: Your name and surname(s), nationality and postal address, and those of your representative, if you have one, will be processed for publicity purposes and to report the registry status of your administrative case. This data will be published in the Industrial Property Official Bulletin (BOPI) and the Patent Registry.

The name of the inventor or inventors is also published in the BOPI and in the Patent Registry, unless they exercise their right to waive being mentioned as such.

  • Public consultation: Your name and surname(s), nationality and postal address, and those of your representative, if you have one, will be published in leaflets, documentary resources and databases belonging to the SPTO, which can be consulted in person or remotely. Other personal data requested in SPTO procedures (national identification number (NIF), telephone and fax numbers and email) may only be consulted by persons who can demonstrate a legitimate interest and who ask to consult the full case.
  • Statistical purposes.

How long do we keep your data?

Your name and surname(s), nationality and postal address, and those of your representative, if you have one, will be retained indefinitely in the Patent Registry for registry publicity purposes.

Other personal data requested in SPTO procedures (national identification number (NIF), telephone and fax numbers and email) will be kept for the legal life of the industrial property, at least.

The minimum periods for retaining the data shall be:

 

Type

Minimum retention period

Patents

20 years from filing the registration application.

Utility models

10 years from filing the registration application.

Supplementary protection certificates

Five years from expiry of the basic patent.

Semiconductor product topographies

10 years from the first commercial use or from filing of the registration application.

What are our grounds for processing your personal data?

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

  • Article 2 of Law 17/1975, of 2 May, the Creation of the Autonomous Industrial Property Registry Act.
  • Articles 9 and 66 of Law 39/2015, of 1 October, the Common Administrative Procedures of the Public Administrations Act.
  • Articles 2, 37, 41, 42, 43, 46, 79, 143 and 145, and the fifth additional provision of Law 24/2015, of 24 July, the Patent Act.
  • Articles 4 and 11 of Law 11/1988, of 3 May, Legal Protection of Semiconductor Product Topographies Act.

Who do we communicate your personal data to?

Your name and surname(s), nationality and postal address, and those of your representative, if you have one, will be communicated to various international organisations for entry in industrial property databases for information, specifically the World Intellectual Property Organisation (WIPO) and the European Patent Office (EPO).

How did we collect the data?

The personal data processed by the SPTO is obtained from the user.

In the case of European patents and international EPC patent requests designating Spain, we receive your personal registry data (name, surname(s), nationality and postal address, and those of your representative, if you have one) from the European Patent Office (EPO) and the World Intellectual Property Organisation (WIPO).

What rights do you have when you provide us with your data?

Users have the following rights under Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR):

  • The right to confirmation of whether the SPTO is processing personal data concerning them and to access this personal data.
  • The right to request rectification of inaccurate data, specifying the data involved and the correction required. Documentation must be provided when necessary demonstrating the inaccuracy or incompleteness of the data being processed.
  • The right to request erasure of personal data provided to the SPTO that has not been filed with the Patent Registry, providing that one of the circumstances in article 17 of the GDPR applies. The SPTO will retain such data unless it receives a request to erase it. 
  • The right to request restriction of processing of personal data under some circumstances, in which case the data shall only be retained to make or respond to complaints.
  • The right to object to the processing of personal data by the SPTO in some circumstances for reasons relating to your specific situation, unless an overriding legitimate interest is demonstrated.

Who can I complain to about the processing of my personal data?

You can exercise your rights directly or through a duly authorised representative by sending a request to the SPTO, preferably by email to protecciondedatos@oepm.es.

If you believe that your personal data protection rights are being breached or you are not happy with the processing of your personal data, you can file a complaint with the Spanish Data Protection Agency (www.agpd.es).