Spanish Invention Patents
There are two types of protection in Spain:
- Invention Patent, where the State grants a certificate that protects inventions with a greater degree of inventiveness for twenty years.
- Utility Models,where the State grants a certificate with a lesser degree of inventiveness, for ten years.
PATENTs, once granted, give their owner the right to the exclusive exploitation of an invention for a period of twenty years, preventing others from manufacturing, selling or using them without the owner’s consent.
PATENT PROTECTION REQUIREMENTS
- Worldwide novelty: A patent has worldwide novelty if it has not yet been disclosed in any country.
- Inventive Activity: an invention has inventive activity when it is not obvious or evident to an expert skilled in the art.
- Industrial application: This implies that the invention can be used in any type of industry.
DURATION OF A PATENT
The duration of an Invention Patent is twenty years, starting from the date of submission of the application; an annual fee must be paid as from its time of granting for its legal maintenance.
WHAT DO WE NEED TO APPLY FOR A PATENT?
To be able to submit an application for an INVENTION PATENT registration, you need:
- The BACKGROUND, which in the applicant’s opinion, exists in the market and is related to the invention.
- A DRAFT describing the object of the invention, stressing the elements comprising the novelty to be protected, with details of operation and application.
- A number of explanatory DRAWINGS, if available, indicating numerical references correlating to the principal components or parts.
- A DESCRIPTION of the “preferred embodiment of the invention”.
- Applicant’s full data.
- A signed authorisation, in the format available via this link.
All the rest, just leave it in our hands; we’ll prepare the whole dossier so that you won’t have to worry about anything. Once the specification has been prepared by our technical team, we’ll send it to you by e-mail, together with the definitive drawings, so that the owner can check it before officially submitting the dossier.
FAQs on Spanish Invention Patents
What is a Spanish invention patent?
A Spanish invention patent is an exclusive right granted to an invention; that is, a product or procedure that provides, in general, a new way of doing something or a new technical solution to a problem. To be patentable, the invention must fulfil the following requirements.
What is a utility model?
A utility model is also an exclusive right granted to an invention with a lesser degree of inventiveness, consisting of providing an object with a structure from which some usefulness is derived.
What sort of inventions are patentable?
Inventions that display novelty, provide an inventive step and also have industrial applicability are patentable.
Why are inventions necessary?
Inventions (Patents or Utility Models) are incentives for individuals, as they provide them with recognition for their creativity and also with material reward.
What is the first step an inventor should take?
The first step would be to visit an Industrial Property expert, who will recommend the best method and strategy for the protection of his invention.
What is the priority date?
It’s the date of filing the invention application; starting on this date a 12-month term commences to claim the priority right in other countries.
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