Patentes y Marcas

Patents & Utility Models

Patents in Spain

Patent is a title of industrial property which gives to its owner the right of exclusively operate an invention over a procedure, an apparatus, a product, a service, etc.

Patents in Spain are registered before the Oficina Española de Patentes y Marcas and the must meet three requirements: Worldwide novelty, Inventive activity, and industrial application.

Duration of a patent is 20 years from the date of application and official fees must be paid in a yearly basis for its maintenance, since the registration date.

 

Utility Model

The Utility model is an invention or a minor patent which meet the requirements of national novelty, not worldwide, inventive activity, and industrial application.

Duration of a Utility model is ten years from date of application and official fees must be paid in a yearly basis for its maintenance, since the registration date.

 

International Patents (PCT)

International patent or PCT, offers to inventors the possibility of protect invention through one application in 130 countries.

Proceeding for a patent registration has two phases: the international phase (application, search report and preliminary exam) and the national phase which involves it transformation in national patents for each designated country according to the Laws of each country.

For submission and proceedings of International Patents (PCT) before the World Intellectual Property Organization (WIPO) we have a prestigious team of Agents on Industrial Property, engineers and technical advisors to advice in any step of proceedings, and they can solve any event during the International Phase of the Patent.

Also we have an extensive network of foreign correspondents and translators to process national phases in all countries PCT members, offering to our clients a comprehensive follow up of their records.


European Patent

European Patent offers to inventors the possibility to protect the invention through an only one application in 27 countries members of European Patent Convention (EPC-EPO ) from October 5, 1973 in force in Spain since October 1, 1986.

European Patent is granted by the European Patent Office (EPO) based in Munich Germany.

Proceeding for a EPO registration has two different phases: International phase (application, formal and background exam, and opposition proceeding) and national phase which imply the patent validation on designated countries.

Through our foreign correspondent agents net-work, we validate and follow up patents on several National Offices of designated countries.

Also, we have a translator team to validate European Patents before the Spanish Office to get the final protection in Spain.