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PART 3 The Patent Registry and Recordal of Transfers CHAPTER 1 The Patent Registry Rule 49. Registrable data 1. In the Patent Registry to which Article 79 of the Law refers, and which shall be open to public consultation, the following mentions shall be published, whether for patent applications or for granted patents: (a) The number of the patent application. (b) The filing date of the patent application. (c) The title of the invention. (d) The classification symbol assigned to the application. (e) The name and address of the applicant or of the owner of the patent. (f) The name of the inventor designated by the applicant or by the patent owner, provided the inventor has not renounced being designated as such. (g) The name and professional address of the agent for the applicant or for the patent owner. (h) Particulars of the priority (date, status and filing number of the earlier application). (i) In the case of division of the patent application, the numbers borne by the divisional applications. (j) The date of publication of the patent application and, if any, the date of publication of the report on the state of the art. (k) The date on which the patent application has been granted, rejected, withdrawn or deemed to be withdrawn. (l) The date of publication of the mention of grant of the patent. (m) The date of lapse of the patent. (n) The establishment of rights on the patent application or on the patent and the transfer of these rights, provided recordal of these mentions is carried out in fulfilment of the provisions of the present Regulations. (n') The date of the working certificate of the patent. (o) Payments made. 2. In the Patent Register, as an annex thereto, the data relating to utility model applications and to granted utility models shall be recorded in the same manner as that indicated in the present chapter. Rule 50. Other registrable data 1. Judicial decisions relating to patents shall be registered following notification from the competent Court, or at the instance of an interested party. 2. By founded decision, the Director of the Industrial Property Register may order registration in the Patents Register of other mentions not provided for in the preceding Rule. Rule 51. Recordal of acts up to publication of the application Notwithstanding the provisions of the Law, none of the records provided for in Rules 49 and 50 shall be accessible to the public before the patent application has been published under the conditions provided for in Rule 26.2. Rule 52. Form of recordal Record in the Patents Registry, as provided by the Law and the present Implementing Regulations, shall be carried out in any type of means capable of faithfully setting forth and expressing with full legal guarantee, assuring safe preservation and facility of access and comprehension, all those circumstances which legally, must be recorded. Rule 53. Public consultation of official files The official files relating to patent applications as yet unpublished cannot be the subject of public consultation unless authorized by the applicant. Rule 54. Public consultation of official files prior to publication of the application "Whoever proves that a patent applicant has sought to enforce against them the rights derived from that application may consult the official file prior to publication of the application and without the applicant's consent" (Article 44.2 of the Law). Rule 55. Limitations on the public consultation of official files In accordance with paragraph four of Article 44 of the Law, the following documents shall be excluded from public consultation: (a) Draft decisions and reports, as well as any document intended for the preparation of decisions and reports, not having been notified to the parties. (b) Communications between Bodies of the Administration with identical results. (c) The documentation concerning designation of the inventor, if the latter has waived their personal right to be mentioned in the patent. (d) Any other document not responding to public information purposes concerning a patent application or grant of a patent. CHAPTER 2 Record of Transfers Rule 56. Transferability 1. The patent application and the patent are transferable by all those means recognized in general Law. 2. "Saving in the case established in Article 13 paragraph 1 of the Law, transfers, licences and any other acts, both voluntary and compulsory which affect patent applications or granted patents, shall only have effect before third parties in good faith from the moment they are recorded in the Patent Registry" (Article 79.2 of the Law). 3. The Industrial Property Registry shall evaluate the legality, validity and efficacy of those acts having to be recorded in the Patents Registry, having to appear in a public document bearing evidence of the fee on such acts having been paid, or exemption or non-liability and if applicable, of their record in the corresponding Registry. 4. If the acts to which paragraph 1 of the present Rule refers were to take place abroad, the laws of the country where they have been executed shall be taken into consideration for their validity. The document evidencing such shall be legalized by the Spanish Consul in the country where executed, without prejudice to those international Conventions and Treaties to which Spain may be a party. Rule 57. Application for record 1. Record of the transfer or change of right shall be applied for by means of an application form, accompanied by the document evidencing the change and copy thereof, wherein the following data shall appear: (a) Identification of the owner of the patent and of the assignee. (b) Identification of the patent undergoing the change. 2. In the same application form transfer or change of several patents or utility models may be requested, without limitation on the number, with payment for each record in accordance with tariff two number 2.4, of the fees schedule annexed in the Patent Law. 3. Every change to the right of a patent shall imply that of its additions, which cannot by themselves be the subject of transfer. Rule 58. Recordal procedure 1. The application having been received for recordal of transfer or of change to the right, official action shall be declared if defects are observed in the documentation, notifying the interested party to enable them to overcome such defects within a two-month term. The said term concluding, there shall be no new notification regarding defects in the documentation continuing to be present and processing shall continue as indicated in the following paragraph. 2. The Industrial Property Registry shall resolve, totally or partially, granting or rejecting the recordal application; the decision to be published in the "Official Bulletin of Industrial Property" with express mention of the following data: (a) Assignee. (b) File number. (c) Identification of the registrations affected. (d) Date of the decision. (e) Industrial Property Agent.

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