In accordance with article 26.2 of the law 50/1997, of 27 november, the government investigators conduct the procedure for public consultation before the drafting of the text of draft royal decree approving the statute of the spanish patents and trademark bureau, O.A.

The functioning of the spanish patents and trademark bureau O., (hereinafter OEPM) was established by royal decree 1270/1997, of 24 july, which regulates the spanish patents and trademark bureau, which was subsequently subject to certain modifications.

In these years have identified a range of issues to be changed through the development of a statute regulating the activities of theOEPM. Among these issues highlight the need to establish a governing council, to clarify and strengthen the basic structure of the office and, accordingly, its governing bodies and executive regulations or the president, as well as update and clarify the functions of the body.

The problem that is intended to solve with the new standard is, on the one hand, to meet the legal obligation of the additional provision of the fourth Law 40/2015, of 1 october, from The Legal Regime of the public Sector, which requires a body such as the OEPM suited to the regulation of that law and, on the other, update, strengthen and adapt the organization and functioning of the agency to the time now as it has been more than 25 years since the previous regulation of the functioning of the OEPM.

The need and opportunity to adopt a new statute derives from a legal obligation, as the additional provision of the fourth Law 40/2015, of 1 october, requires that agencies and entities that are part of the public sector “ before 1 october 2024 ” should be adapted to the ends specified in the same.

In addition, since the adoption of the Royal Decree 1270/1997, of 24 july, has identified a number of issues in the organization and functions of the OEPMthat can be improved and made clearer.

The intended goals are the adaptation of the rule governing the activities of the OEPM the modification of the law 40/2015, of 1 october, and the new needs arising over recent years by means of improving and clarifying its organizational structure and functions. Well, there shall be updated, strengthen and adapt the organization and functioning of the agency.

In addition, it will take the opportunity to amend the rules of procedure for the implementation of act 24/2015, of 24 july, of patents, approved by the royal Decree No. 316/2017, of 31 march. This is a very narrow modification of four articles relating to the content of publications in the official gazette of Industrial property of various acts of the procedures for granting of patents, removing some indications in these publications (mainly, the summary and drawing), but that will remain in the brochure of the request and in the work of the patent.

Had been assessed three alternatives:

1. Drafting of a Royal Decree approving the Statute of the SPTO.
2. Partial modification of the royal decree 1270/1997, of 24 july. This option would be undesirable as it would not be a good practice under the technical guidelines regulation, which brought the restrictive nature of the multiple changes. It is always advisable in these cases, the drafting of a new standard to replace in its entirety to the previous one, which, moreover, it would serve to complement those aspects of the regulation which were not included in the rule of 1997.
3. No action. This option would violate the mandate given by law 40/2015, of 1 october, to carry out the adaptation of all bodies of the public sector institutional before 1 october 2024 the new regulations and prevent adapt the functioning of the OEPMthe new needs.

For the reasons set out above, it is considered that the only correct option is a).

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