How to apply for and protect patents and utility models in Spain

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1. An invention can only be patented if it is new, not obvious to an expert, and industrially applicable. Discoveries, scientific theories, computer programs, and medical treatment methods cannot be patented.
2. The patent lasts 20 years with no possibility of extension and gives its owner the right to stop others from making, selling, or using the invention without permission.
3. Every application goes through a prior art report and an examination of novelty and inventive activity. The previous optional system, where applicants could choose not to have their patent examined, is gone.
4. Inventions made by employees as part of their job belong to the employer. If the worker used company knowledge or resources, the company can take ownership of the invention in exchange for fair financial compensation.
5. Inventions by researchers at public universities and public research bodies belong to the institution, but the researcher has the right to share in the profits from exploiting them.
6. The owner must exploit the invention within four years of filing or three years of grant. If not, anyone can request a compulsory license to use it.
7. Utility models protect inventions with a practical advantage and last 10 years. They now also cover chemical products (except pharmaceutical ones) and use the same prior art standard as patents, though with a lower inventive level required.
8. Entrepreneurs and small and medium-sized enterprises can pay half the fees for the application, report, and examination, and the first three annual fees. Filing electronically gives a 15 percent discount.

Who it affects

• Inventors and companies seeking to protect an invention: They must go through a prior examination of novelty and inventiveness to get the patent, with specific deadlines and fees.
• Employees who invent during their contract: Their inventions usually belong to the employer, but they may be entitled to financial compensation.
• Researchers at public universities and research bodies: Their inventions belong to the institution, but they share in the profits from exploiting them.
• Entrepreneurs and small and medium-sized enterprises: They can benefit from a 50 percent reduction in several fees.
• Anyone who wants to use someone else's patent: They can request a compulsory license if the owner is not exploiting the invention.

Words worth knowing

Estado de la técnica (prior art)

Everything already publicly known about an invention before the application is filed, in Spain or abroad.

Actividad inventiva (inventive activity)

That the invention is not obvious to an expert in the field.

Licencia obligatoria (compulsory license)

Permission granted by the administration to use someone else's patent without the owner's consent, in cases provided by law.

Modelo de utilidad (utility model)

A protection title for inventions with a practical advantage, faster and cheaper than a patent, but with a lower inventive level required.

Anualidad (annual fee)

The fee paid each year to keep the patent in force.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries