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What it is

Changes to patent and trademark rules in Spain

BOE step 7 of 7 · Passed

It is a royal decree-law. It was introduced on 14 August 1998. Introduced by: Gobierno.

Official title: Royal Decree-Law 8/1998, of July 31, on urgent measures in the field of industrial property.

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Source: Congreso de los Diputados, file 130/000050· updated 11 Nov

Automatic summary, not yet reviewed

  1. It amends the Patent Law so that only people not residing in a European Community member state must act through an industrial property agent. Agents may also have their professional office in Spain or in another member state.
  2. It introduces an optional preliminary examination when granting patents. The applicant may request it within six months after publication of the state-of-the-art report, paying the corresponding fee, and other interested parties may oppose the grant.
  3. It creates a procedure to transform Community trademarks, or applications for them, into Spanish national trademark applications, with specific deadlines, fees and requirements.
  4. It updates the list of fees the Ministry of Industry and Energy may charge in industrial property matters, under the 1998 fees law.

Who it affects

  • Patent applicants in Spain: They can choose whether to request the preliminary examination, and applicants not residing in the European Community still need an industrial property agent.
  • Industrial property agents: They may have their professional office in Spain or in any European Community member state.
  • Community trademark owners: They have a procedure to transform their Community trademark or application into a Spanish national trademark.
  • Ministry of Industry and Energy: The list of fees and charges it may require in industrial property matters is updated.

Words worth knowing

Agente de la Propiedad Industrial (industrial property agent)
A licensed professional who represents people in patent and trademark procedures.
Informe sobre el estado de la técnica (state-of-the-art report)
A document listing what is already known about an invention, to check whether it is new and involves an inventive step.
Marca comunitaria (Community trademark)
A trademark registered once that protects it in all European Community member states.
Tasa (fee)
A payment made to the State for a specific public service, such as processing a patent.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced14 August 1998Someone registers the text in the Congreso.
  2. Admitted8 September 1998The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenary8 September 1998All 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 4 official steps on a timeline
Aug 199811. 14 August 1998: Presentación22. 8 September 1998: Calificación33. 8 September 1998: Pleno Aprobación desde 08/09/1998 hasta 17/09/199844. 17 September 1998: Concluido - (Convalidado) desde 17/09/1998 hasta 28/09/1998

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Published in the BOE: Royal Decree-Law 8/1998, of July 31, on Urgent Measures in Matters of Industrial Property.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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