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TITLE XIV UTILITY MODELS 143. (1) In conformity with the provisions of the present Title, inventions that are new and involve an inventive step, and that confer on an object a form, structure or constitution that results in an appreciable improvement in its use or manufacture, may be protected as utility models. (2) In particular, the following may be protected as utility models: utensils, instruments, tools, apparatus, devices or parts thereof that meet the conditions laid down in the preceding paragraph. (3) Inventions for processes and plant varieties coming under Law No. 12/1975 of March 12, 1975, on the Protection of Plant Varieties shall not be protected as utility models. 144. (1) The right to protection of utility models shall belong to the inventor or his successor in title and shall be transferable by all means recognized by law. (2) The provisions of Article 10(2) to (4) shall apply to the protection of utility models. 145. (1) The state of the art according to which the novelty and inventive step in respect of inventions protected as utility models is to be judged shall consist of that which, prior to the date of filing the application for protection as a utility model, has been disclosed in Spain by a written or oral description or by any other means. (2) The content of Spanish applications for patents or utility models as they were originally filed, the date of filing of which is prior to the date mentioned in the preceding paragraph and which have been published on that date or later, shall also be deemed to be comprised in the state of the art. 146. (1) For protection as a utility model, an invention shall be deemed to involve an inventive step if it does not obviously result from the state of the art for a person skilled in the art. (2) Where the state of the art includes the documents mentioned in Article 145(2), above, they shall not be taken into consideration when deciding upon the existence of an inventive step. 147. (1) In order to obtain a certificate of protection for a utility model, an application containing the documentation referred to in Article 21, above, shall be filed. It shall not be necessary to include an abstract of the invention that is its subject matter. (2) In the application for protection of a utility model, it shall be stated that this is the form of protection sought. 148. (1) When the application made in accordance with the provisions of Article 30 of the present Law has been accepted for filing, the Registry shall verify whether it fulfills the formal conditions laid down in the preceding Article and in Chapter I of Title V, above. It shall also verify that the subject matter is entitled to be protected as a utility model in conformity with the provisions of the present Title. The Registry shall neither verify the novelty, the inventive step nor the adequacy of the description, nor shall it ask for the report on the state of the art as provided for patents of invention. (2) Where that verification shows that the form of the application is defective or that the object may not be protected as a utility model, the application procedure shall be suspended and the applicant shall be allowed the prescribed period to rectify the defects notified, where appropriate, and to put forward the arguments he deems relevant. For the purpose of rectifying the defects, the applicant may modify the claims or divide up the application. (3) Having examined the arguments put forward by the applicant, the Registry shall take a decision within the period laid down in the regulations on rejection of the application or continuation of the procedure. It shall reject the application when it deems that its object cannot be protected as a utility model or that it still contains defects that have not been satisfactorily rectified. (4) Where the Registry's verification shows that no defects prevent the granting of protection or where such defects have been satisfactorily rectified, the Registry shall notify the interested party of the favorable decision on continuation of the procedure and shall make the application for protection of the utility model available to the public, inserting the corresponding announcement in the Official Bulletin of Industrial Property, together with the claims for the utility model applied for and copies of the drawings. 149. (1) Within two months following publication of the application, any person with a legitimate interest may oppose the protection sought for the utility model, citing the failure to fulfill any of the requirements for its grant, including lack of novelty or inventive step or the inadequacy of the description. (2) The fact that the applicant is not entitled to apply for protection of the utility model may not, however, be cited since it is a matter that must be brought before the ordinary courts. (3) The brief of opposition shall be accompanied by the relevant documentary evidence. (4) At the expiration of the period for opposition, the Registry shall transmit to the applicant the oppositions received. (5) Where no opposition has been received, the Registry shall grant protection for the utility model. (6) Where opposition has been received, the applicant shall be allowed a period specified in the Regulations to remedy any defects of form in the application, to modify the claims if he deems it appropriate, and to contest the opposition by putting forward the arguments he deems relevant. (7) Within one month following the expiration of the period allowed to the applicant to contest opposition, the Registry shall take a decision on whether or not to grant protection. (8) Where the decision declares the absence of one of the requirements to be met for granting protection as a utility model, as stated in a brief of opposition, the Registry shall allow the applicant a further period to be determined in the Regulations to rectify the defect or to put forward the arguments he deems relevant. (9) Subsequently, the Registry shall take a final decision regarding the protection sought. 150. (1) The provisions of Article 37, above, as well as all other provisions that are not contrary to those of the present Title, shall apply to granting protection for utility models. (2) The pamphlets referred to in Article 38, above, shall not be published for utility models. 151. (1) In addition to the applicant, any other interested party, in accordance with the provisions of the Law Governing Contentious Administrative Jurisdiction, shall be entitled to lodge a contentious administrative appeal, provided that the appeal is not based on absence of novelty or inventive step or on the inadequacy of the description. (2) Notwithstanding the provisions of the preceding paragraph, any interested party who has formulated the relevant opposition in the documentation based precisely on such defects shall be entitled to lodge a contentious administrative appeal based on absence of novelty or inventive step or on inadequacy of the description. 152. (1) The protection of a utility model shall confer on its owner the same rights as a patent. (2) The non-extendable term of protection for utility models shall be 10 years from the date of filing the application. (3) Additions to utility models shall not be granted. 153. (1) Protection of a utility model shall be declared invalid in the following cases: (a) where the subject matter is not entitled to protection in accordance with the provisions of Articles 143, 145 and 146 and Title II of the present Law, to the extent that it is not contrary to the provisions thereof; (b) where the invention is not described in a sufficiently clear and comprehensive manner to enable it to be carried out by a person skilled in the art; (c) where the subject matter goes beyond the content of the application for a utility model as filed or, where the utility model has been granted as a result of a divided application or of a new application filed on the basis of the provisions of Article 11, above, when the subject matter of the utility model goes beyond the content of the original application as filed; (d) where the owner of the utility model is not entitled to protection in accordance with the provisions of Article 144, above. (2) Where the reasons for invalidation only affect part of the utility model, partial invalidation shall be declared through the annulment of the claim or claims affected. Partial invalidation of a claim may not be declared. (3) Where invalidation is partial, the utility model shall continue in force in respect of the claims not annulled, provided that they constitute the subject matter of a separate utility model. 154. In the absence of provisions specifically applicable to utility models, the provisions laid down in the present Law for patents shall apply, provided that they are not incompatible with the specificity of utility models. The provisions contained in Title IV on employees' inventions, inter alia, shall apply.

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