Steps to patent an idea in Spain
Posted: Mon Dec 23, 2024 4:07 am
When developing a technical innovation with the intention of commercializing it, it is important to protect it by means of a patent or utility model, depending on its inventive step, in order to obtain the rights in terms of industrial property. Once this protection has been obtained, a temporary exploitation monopoly is held in commerce (manufacturing, use, sale, etc.).
Innovation and competitiveness
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patents.jpg
What is a patent?
A patent is a property title that recognises the right mexico business email list exploit an invention exclusively, preventing others from manufacturing, selling or using it without the consent of the owner. It is a procedure that can be requested by any natural or legal person and can be done on their own, through an industrial property agent or with other representatives.
What can be patented?
It should be noted that, according to Spanish legislation ( Patent Law 24/2015 ), not everything is patentable. In order to patent an idea, three requirements must be met:
Let the invention be new to the world.
That it is inventive, that is, that it is not based on something obvious that anyone could invent.
That it is not abstract, that is, that it has an industrial application and can be carried out.
Therefore, non-patentable inventions include: discoveries, scientific theories, mathematical methods, literary and artistic works, aesthetic creations, plans, rules and methods for games, among others.
How to file a patent application?
The first thing to do is to submit a patent application for an invention accompanied by a description defining what is to be patented, with examples, if possible, as well as one or more claims, which will have legal validity, and a summary of the invention. In addition, drawings, figures or plans can also be submitted if this will help to better understand the invention. Along with the aforementioned application, the filing fees and the State of the Art Report (SIR) must be paid. This report cites disclosures that are the same or similar to those of the idea that is being patented, as well as a written opinion on whether it meets the patentability requirements. It will consist of the first patentability opinion of the SPTO.
Where to file a patent application?
The application can be submitted in person at various locations such as the Spanish Patent and Trademark Office, the Regional Industrial Property Information Centres , the registries of any body belonging to the General Administration of the State or the Autonomous Communities, post offices and even consular offices or diplomatic representations.
The procedure can also be carried out electronically through the OEPM Electronic Office . If this is done, the fees are cheaper (a 15% reduction applies).
The application will not be made public until 18 months have passed from the date of submission, and as indicated by law, it will be published in the Official Bulletin of Industrial Property (BOPI).
Procedure for obtaining a patent
After the previous steps of obtaining an EIT and publishing the application, the procedure continues with the substantive examination stage, which must be requested by the applicant. At this stage, modifications that do not expand the application as originally submitted are accepted, as well as objections to the EIT, in the event that it is unfavourable.
Innovation and competitiveness
Image
patents.jpg
What is a patent?
A patent is a property title that recognises the right mexico business email list exploit an invention exclusively, preventing others from manufacturing, selling or using it without the consent of the owner. It is a procedure that can be requested by any natural or legal person and can be done on their own, through an industrial property agent or with other representatives.
What can be patented?
It should be noted that, according to Spanish legislation ( Patent Law 24/2015 ), not everything is patentable. In order to patent an idea, three requirements must be met:
Let the invention be new to the world.
That it is inventive, that is, that it is not based on something obvious that anyone could invent.
That it is not abstract, that is, that it has an industrial application and can be carried out.
Therefore, non-patentable inventions include: discoveries, scientific theories, mathematical methods, literary and artistic works, aesthetic creations, plans, rules and methods for games, among others.
How to file a patent application?
The first thing to do is to submit a patent application for an invention accompanied by a description defining what is to be patented, with examples, if possible, as well as one or more claims, which will have legal validity, and a summary of the invention. In addition, drawings, figures or plans can also be submitted if this will help to better understand the invention. Along with the aforementioned application, the filing fees and the State of the Art Report (SIR) must be paid. This report cites disclosures that are the same or similar to those of the idea that is being patented, as well as a written opinion on whether it meets the patentability requirements. It will consist of the first patentability opinion of the SPTO.
Where to file a patent application?
The application can be submitted in person at various locations such as the Spanish Patent and Trademark Office, the Regional Industrial Property Information Centres , the registries of any body belonging to the General Administration of the State or the Autonomous Communities, post offices and even consular offices or diplomatic representations.
The procedure can also be carried out electronically through the OEPM Electronic Office . If this is done, the fees are cheaper (a 15% reduction applies).
The application will not be made public until 18 months have passed from the date of submission, and as indicated by law, it will be published in the Official Bulletin of Industrial Property (BOPI).
Procedure for obtaining a patent
After the previous steps of obtaining an EIT and publishing the application, the procedure continues with the substantive examination stage, which must be requested by the applicant. At this stage, modifications that do not expand the application as originally submitted are accepted, as well as objections to the EIT, in the event that it is unfavourable.