Central Industrial Property Office

Oficina Española de Patentes y Marcas
Paseo de la Castellana, 75
28046 MADRID

Tel. +34 902 157530
+34 91 0780780
Fax +34 91 3495597

www.oepm.es

informacion@oepm.es

 

1. Transfer of rights by transaction (e.g. sale, merger, transfer of title) or by operation of law (e.g. succession, insolvency, compulsory execution)

2. Licences and other rights

1

Which supporting documents must be filed?

The applicant may attach to the request for transfer any of the following documents:

(a) an authentic copy of the contract, or an ordinary copy with the signatures authenticated by a notary or other competent public authority;

(b) an extract from the contract certified as true to the original by a notary or other competent public authority;

(c) a transfer certificate or document signed by both the holder and the new owner (consisting in forms).

If the change in ownership is the result of a merger or is imposed by law or by an administrative ruling or court decision, the request for transfer must be accompanied by certification from the public authority issuing the document, or a copy of the document proving the change, authenticated by a notary or other competent public authority.


Art. 82 NPL
Art. 77 RD 316

Patent applications and patents may be the subject of licences and usufruct. For registration, see under 1.

They may also be used as security for personal loans. Such use must be notified to the OEPM.

In addition, they may be subject to other rights in rem, option to purchase, seizure, and other legal business or enforcement measures.

Same documents as for transfers, mutatis mutandis.


Art. 82 and 83 NPL
Art. 78, 79 and 80 RD 316

2

Must a national professional representative be appointed?

No, if proprietor resides in a country of the EU


Art. 175 NPL

No, if proprietor resides in a country of the EU


Art. 175 NPL

3

Must a form be used?

Yes


Art. 77 RD 316

Yes


Art. 78, 79 and 80 RD 316

4

Special fee payable?

EUR 13.50 for each entry (EUR 11.47 in electronic form)

Note: the fees may be revised at the beginning of each year.


Art. 82 RD 316

EUR 13.50 for each entry (EUR 11.47 in electronic form)

Registering a change of the applicant's/patentee's name: EUR 16.71 for each entry (EUR 14.20 in electronic form)

Note: the fees may be revised at the beginning of each year.


Art. 82 RD 316

5

Entries and data recorded in the register

Establishment and transfer of rights if these acts take place in accordance with the provisions of NPL and RD 316: transfers, licences, etc.

Any transfer, licence or other act, whether voluntary or compulsory, only has effect vis-à-vis third parties of good faith when it has been recorded in the patent register.


Art. 79 NPL
Art. 72 RD  316

Same entries and data as for transfers.


6

Is a transfer registered by the EPO under Rule 85 EPC recognised?

Yes

A transfer recorded in the EPO European Patent Register is recognised by OEPM.


Art. 156 NPL

Yes

A licence recorded in the EPO European Patent Register is recognised by OEPM.


7

Special features

Documents not drafted in Spanish must be accompanied by a translation.


See Art. 82 and 83 NPL with regard to usufruct


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