For today, we wanted to prepare an article on one of the essential figures in the registration of trademarks and patents. This is the industrial property agent. Below, we will tell you who this person is, what his work consists of and what requirements you must fulfill if you want to carry out this professional activity.
What is an industrial property agent?
An industrial property agent is an independent professional who offers and provides advisory, assistance and representation services to private inventors or companies that want to register a trademark, patent, utility model, industrial design or distinctive sign. Although it is not mandatory to carry out this process through an industrial property agent, it is usually a highly recommended option.
Also, this professional is in charge of defending the rights of his representatives derived from any of these intellectual property modalities before the Spanish Patent and Trademark Office (OEPM) or any competent Spanish, Community or international industrial property authority.
Finally, an industrial property agent is responsible for assisting its clients before the courts in cases of claims of rights, infringements or any litigation related to industrial property.
How to become an industrial property agent in Spain
In order to carry out the activity of industrial property agent in Spain, it is essential to be registered in the Special Registry of Agents of the SPTO. Now, this procedure is accompanied by a series of requirements that are included in Law 24/2015, of July 24, 2015, on Patents.
These are:
- To have Spanish nationality or the nationality of any Member State of the European Union.
- Be of legal age and have full capacity to act.
- To have a professional office in the European Community Area; or to be a legal person validly constituted and with registered office or center of activities in Community territory.
- Not to be prosecuted or have been convicted for painful crimes, except if rehabilitation has been obtained.
- Possess an official university degree, bachelor’s degree, architect, engineer or any other approved degree equivalent to the above.
- To pay the deposit to the SPTO and to contract a civil liability insurance.
- To pass the aptitude examination accrediting the knowledge necessary for the exercise of the professional activity of industrial property agent.
What does the aptitude test consist of?
The objective of the aptitude test is none other than to assess whether the candidate has the necessary knowledge to perform the profession of industrial property agent. Something that can be acquired with an appropriate training such as, for example, the Master in Intellectual Property of the European University.
Also, this type of evaluation serves to check if this person is up to date with the national and international norms that regulate and affect industrial property.
The examination for access to the profession of industrial property agent consists of 3 tests (one theoretical, one practical and one foreign language). All of them must be passed individually.
And at the European level?
For access to the profession of European patent agent, the procedure is similar to the one we have just explained.
On the one hand, the candidate must be registered in the List of Professional Representatives of the European Patent Office (EPO). On the other hand, the candidate must pass the European Qualifying Examination (EQE).
This test consists of 4 parts:
- Part 1: writing claims and the introductory part of a European patent application.
- Part 2: drafting a response to an official letter citing prior art.
- Part 3: drafting a notice of opposition to a European patent.
- Part 4: answering a series of legal questions and making a legal assessment of a specific situation.