Industrial designs

A patent is a title that recognises the right to exploit the patented invention exclusively, preventing others from manufacturing, selling or using it without the holder’s consent. In return, the patent is made available to the public for general knowledge.

For an invention to be patentable, in any field of technology, it must be new, involve an inventive step and be capable of industrial application.

In this regard, an invention is considered new if it is not included in the prior art, which is understood to mean everything that, prior to the filing date of the patent application, has been made available to the public in Spain or abroad, whether through a written or oral description, through use, or by any other means.

Furthermore, an invention involves an inventive step if it does not result from the prior art in a manner that is obvious to a person skilled in the art.

Finally, an invention is considered to be capable of industrial application when its subject matter can be manufactured or used in any kind of industry, including agriculture.

The right conferred by a patent consists of ‘the right to exclude others’ from manufacturing, using or introducing the patented product or process into trade.

A patent may relate to a new process, a new apparatus, a new product, or an improvement or enhancement thereof.

It is valid for 20 years. To keep it in force, annual fees must be paid from the date of grant.

There are three different routes for obtaining a patent valid in Spain:

National route: A Spanish patent is applied for at the Spanish Patent and Trademark Office (OEPM), which will be governed throughout its legal life, from application to expiry, by the provisions of Law 24/2015 on Patents.

European route: A European patent is applied for at the OEPM, which is subsequently processed by the European Patent Office (EPO) and, following its grant and corresponding validation, allows you to obtain a patent with the same effect as those granted via the national route. It will be governed throughout its legal life, from application to expiry, by the provisions of the 1973 Munich Convention and by the Spanish Patent Law 24/2015.

International route or PCT: The international processing of a patent is streamlined through a single application to the Spanish Patent and Trademark Office (OEPM) and a single procedure before the World Intellectual Property Organisation (WIPO), so that, once completed, patent protection for the invention may be sought in each of the signatory states to that Treaty (152 in 2017), including Spain. In short, this is not a procedure for granting patents, nor does it replace national grants; rather, it is a procedure through which the processing prior to grant is standardised.

No, as it will not meet the novelty requirement for the patentability of inventions. From 1 April 2017, it will also no longer be possible to protect such an invention as a utility model, as worldwide novelty is now required, whereas previously only national novelty was required.

Under the Patents Act, an invention is considered new if it is not included in the prior art. The prior art comprises everything that, prior to the filing date of the patent application, has been made available to the public in Spain or abroad through a written or oral description, through use, or by any other means.

A utility model protects inventions with a lower level of inventiveness than those protected by patents, consisting, for example, of giving an object a configuration or structure from which some utility or practical advantage is derived.

The device, instrument or tool protected by a utility model is characterised by its ‘utility’ and ‘practicality’ and not by its ‘aesthetics’, as is the case with industrial designs.

The scope of protection afforded by a Utility Model is identical to that conferred by a patent.

It is valid for 10 years. To keep it in force, annual fees must be paid from the date of grant.