Modification of the Implementing Regulation of the Patent Law
On March 23, 2010, the Official State Bulletin published Royal Decree 245/2010 which modifies the Regulation for applying Patent Law 11/1986, dated March 20.
The objective of this reform is twofold:
• Adapting the Regulation for applying the Patent Law to article 79 of its new version, provided by Law 25/2009, dated December 22, for the modification of diverse laws for their adaptation to the Law on open access to service activities and its practice.
• Adapting regulations of professional activity of Industrial Property Representatives to the principles of Law 17/2009, dated November 23, on open access to service activities.
The previously mentioned reform to article 79 of the Patent Law eliminated the necessary public document requirement for the formalization of transfer transactions and licenses, in reference to the Regulation for enforcing the establishment of these formal requirements. And this is precisely the aim of the Royal Decree which is now being published. Apart from that, for modifications to patent rights and utility models registered at the SPTO, it establishes the same formal guidelines currently in place for trademarks and industrial designs as its current rules dictate, which results in a considerable reduction in administrative costs.
In terms of regulations concerning acquiring the condition and practicing the activities of Industrial Property Representative, Royal Decree 245/2010 determines the replacement of the previous authorizing regulation by the less burdensome system that allows initiating business activity after presenting a declaration of responsibility.
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