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PART 2 Utility Models Rule 41. Application 1. To obtain a certificate of protection as a utility model, an application shall be filed with the administrative bodies mentioned in Rule 2, having to contain the documentation to which Article 21 of the Law makes reference, as further provided in the present Regulations. It shall not be necessary to include an abstract of the invention. 2. In the application form for utility model protection it shall be stated that this modality of protection is the one sought. The requirements for the application form shall be those mentioned in Rule 4, including the designation of the inventor. 3. For the purpose of obtaining a filing date it shall be imperative to lodge the minimum documents mentioned in Rule 14, in the same form as required. Rule 42. Ex-officio examination 1. Once the application is admitted for processing in accordance with Rule 15, the Industrial Property Registry shall examine whether it meets with the requirements laid down for patent applications and shall likewise verify whether its object is suitable for protection as a utility model. 2. The Industrial Property Registry shall not examine the novelty, inventive step or sufficiency of the description. For utility models the report on the state of the art, laid down in the Law for patents of invention, shall not apply. 3. If, as a result of the examination, the application were to have defects as to form or the object was not suitable for protection as a utility model, the Industrial Property Registry shall declare official action, granting the applicant a two-month term to, if wished, overcome the defects indicated and to file the pertinent submissions, with the possibility of amending the claims or dividing up the application. 4. Upon conclusion of the term for overcoming defects or for filing submissions the Industrial Property Registry shall proceed as indicated in Rule 43, without giving rise to a new notification as to continuance of the defects or circumstances mentioned in Rule 42.3, subject to the provisions of the last paragraph of Rule 22. Rule 43. In the light of the submissions filed and of the documentation on record in the official file, the Industrial Property Registry shall, within a one-month term from the date marking the end of the term for responding to the office action, decide that processing is to continue and by founded decision reject the application whenever it considers that defects continue without having been duly overcome. If, despite the submissions presented, the Registry continues to hold that the object is not suitable for protection as a utility model, but suitable for protection in some other industrial property modality, it shall grant the applicant a two-month term to submit the documentation corresponding to the modality in which such objects should be considered as included. Rule 44. Publication of the application If, on examination, defects do not appear that would prevent grant, or if such defects have been duly overcome, the Industrial Property Registry shall notify the interested party of the decision favoring processing continuing and shall place the utility model application at the public disposal, making the corresponding announcement in the "Official Bulletin of Industrial Property"; as well as the particulars under Rule 26.2, the claims of the model under application and a reproduction of the drawings shall be included. Rule 45. Oppositions 1. "During the two months following publication of the application, any person with legitimate interest may oppose the utility model protection sought, alleging noncompliance with any of the requirements for its grant, including lack of novelty or of inventive step or insufficiency of the description" (Article 149.1 of the Law). 2. The brief of opposition shall, if applicable, be accompanied by the corresponding supporting documents, all in duplicate. 3. Once the term for filing oppositions concludes, the Industrial Property Registry shall transmit such oppositions to the applicant, the latter having a two-month term available to overcome the alleged formal defects of the application, to amend the claims if considered appropriate and to file those submissions she/he may deem pertinent. Rule 46. Decision 1. The term for filing oppositions having concluded, if none have been filed the Industrial Property Registry shall issue decision, granting the utility model application. 2. In the event of oppositions having been filed, the Industrial Property Registry shall, within one month following conclusion of the term set for the applicant's response, issue a reasoned decision granting or rejecting protection. 3. When the decision intends to declare the lack of any requirement set for granting protection as utility model, as may have been alleged in some brief of opposition, the Industrial Property Registry shall grant the applicant a one-month term to overcome the defect or to file such submissions as she/he may deem pertinent. 4. The term for overcoming defects or for filing submissions having concluded, the Industrial Property Registry shall proceed as indicated in the following paragraph, without giving rise to a new notification as to the continued presence of the defects or circumstances mentioned in Rule 46.3. 5. Subsequently the Industrial Property Registry shall decide on the protection sought. Rule 47. Publication 1. The decision on protection for the utility model under application shall be published in the "Official Bulletin of Industrial Property". 2. Publication of the rejecting decision shall include the following data: (a) Application number. (b) Concise title of the invention object of the utility model. (c) The name and surname(s) or company name of the applicant and Industrial Property Agent, if any. (d) Date of application. (e) Date of rejection. 3. The publication of the granting decision shall mention: (a) The number and date of the application. (b) The class or classes in which the utility model has been included. (c) The concise title of the invention object of the utility model. (d) Name and surname(s) or company name and nationality of the applicant, as well as their address and Industrial Property Agent, if any. (e) Reference to the "Official Bulletin of Industrial Property" in which the utility model application and amendments, if any, to the claims, have been made public. (f) The date of the grant. (g) The possibility of consulting the utility model documents. (h) If priority has been claimed, the priority number, date and country. Rule 48. In particular, the rulings in Part One, Chapter Four and Part Three, Chapter Two of the present Implementing Regulations shall be of application to utility models.

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