1 Which supporting documents must be filed?

Original or certified copy of the public document, as well as a copy indicating that the taxes have been paid, or exemption from or non-liability to such taxes and, if appropriate, the entry in the relevant register (see also column 7).

Art. 79(5) PL

Art. 56, 57, 58 RD 2245

Patent applications and patents may be the subject of licences and adjoining rights. For registration, see under 1. They may also be used as security for personal loans; such use must be notified to the OEPM.

Art. 74 PL

2 Must a national professional representative be appointed?

No, if proprietor resides in a country of the EU

Art. 155, 156 PL

Art. 3 Law 8/1998

No, if proprietor resides in a country of the EU

3 Must a form be used?

Yes

Art. 57(1), RD 2245

Yes

4 Special fee payable?

EUR 11.87* for each entry

Art. 57(2) RD 2245

EUR 11.87* for each entry

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

5 Entries and data recorded in the register

Establishment and transfer of rights if these acts take place in accordance with the provisions of RD 2245: transfers, licences, etc.

Art. 49(1)n, 56(2) RD 2245

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(2) PL

6 Is a transfer registered by the EPO under Rule 61 EPC recognised?

Yes

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

Art. 10 RD 2424

7 Special features

A document drafted abroad must bear the "apostille" laid down in the Hague Convention of 5 October 1961.

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

Art. 56 RD 2245

See Art. 74(1) PL with regard to adjoining rights