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- SOUTH AFRICA
COUNTRY : KINGDOM OF SPAIN
CAPITAL : MADRID
LANGUAGE : SPANISH
The Spanish Patents & Trademarks Office is known as the SPTO administered by Ministry of Industry, Energy and Tourism.
Protection to Inventions is provided at a two tier level in Spain:
- THROUGH NATIONAL REGISTRATION. Direct Filing with the National Patent & Trademark office
- THROUGH EUROPEAN PATENT CONVENTION.
Kindly refer our guide on European Patent Convention procedures.
INTERNATIONAL TREATIES TO WHICH SPAIN IS SIGNATORY
(i) Paris Convention for the protection of industrial property
(ii) Patent Co-operation Treaty “PCT”.
(iii) Agreement on Trade Related Aspects of Intellectual Property Rights “TRIPS”.
(iv) Budapest Treaty On The International Recognition of the Deposit of Micro Organisms For The Purposes of Patent Procedure.
(v) Agreement concerning the International Classification of Patents made in Strasbourg.
vi) European Patent Commission.
PATENT LEGISLATION IN SPAIN:
IP LAW IN SPAIN
The Spanish legal system is based on Civil Law system which in turn is based on comprehensive legal codes & law rooted in Roman Law.
Patents in Spain are governed by:
The Patents Act 11/1986. Patents are granted by the Spanish Intellectual Property Office.
BASICS REGARDING PATENTABILITY OF INVENTIONS IN SPAIN:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.
(ii). Inventive Step: is, given the prevailing state of the art, it is not obvious to an expert in that field. An invention is considered “obvious” when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.
(iii). Industrial Application: of the invention would be “when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture”.
INVENTIONS NOT PATENTABLE IN SPAIN:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations.
- Substances already existing in nature and nuclear materials.
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers.
- Inventions contrary to public order & morals.
- Methods of treatment by surgery or therapy on humans and animals.
- Processes for modifying genetic identity of human beings
- Usage of human embryos for industrial, commercial purposes.
- Processes for modifying genetic identity of animals, causing them suffering without any substantial medical benefits to either man or animal.
- Human body at various stages of formation and development, decoding one of its elements.
- Sequencing or partial sequencing of a gene.
- Plants and animal varieties.
- Prejudicial to the Interests or Security of the Nation.
PartityPatents Law Firms through its associates in Spain is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN SPAIN:
(i). Name & Address of the applicant.
(ii). Name & Address of the Inventor.
(iii). Specification comprising a description claims & drawings if any.
(iv). Priority Data if any.
(v). State of incorporation / nationality of the Applicant.
(vi). Abstract of the Invention.
(vii). Indications serving to identify the identity of the inventor(s) as well as the Solicitor.
(viii) Request for examination of the patent.
(ix). If the patent application relates to a micro-organism or a process in which a micro-organism is used, it is necessary to include a certificate of deposit of the micro-organism with an officially recognised national depositary institution designated by the Government.
EXAMINATION OF THE PATENT APPLICATION IN SPAIN:
- Once the patent application is filed, the application is scrutinised for defence & security aspects.
- Upon receipt, the patent application is examined for compliance requirements.
- Any deficiencies are to be rectified by the applicant within stipulated period of time else, application deemed abandoned.
- Search report is drawn up and patent application is published to which interested parties may file opposition.
- Patent application is substantively examined.
- In the event no objections / opposition forthcoming, application is registered and patent granted.
Post Patent grant by the European Patent Office (EPO), Patent needs to be validated in the member country as designated on the Patent application.
Patent Validation comprises of certain formalities and requirements per national laws of the designated country.
Parity Patent Attorneys and Associate Law Firms in Spain are at hand to help and assist you with Patent Validation.
RIGHTS OF THE PATENTEE IN SPAIN:
TERM AND KINDS OF PATENTS GRANTED IN SPAIN:
Patents with a term of 20 yrs.
Utility Models with a term of 10 yrs.
- Patents confer on its holders and successors an exclusive right to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties as to import, rent out, deliver or sell the product patent.
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign, lease or licence the patent.
- Patentee is entitled to take legal action against infringers.
COMPULSORY LICENCES OF PATENTS IN SPAIN:
An application may be made to court for the grant of a license after 3 yrs. from the date of the grant of patent of 4yrs. from the date of filing of the patent application whichever is later.
Application for compulsory licence may be made when the patentee is indulging in anti competitive practices.
The court may determine grant of compulsory licence where:
a) There is a market for the patented invention in Singapore.
b) That market is: (i). not being supplied or
(ii). Is not being supplied on reasonable terms and
c) The court is of the view that the proprietor of the patent has no valid reason for failing to supply that market with the patented invention whether directly or through a licensee on reasonable terms.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Spain, can assist you comprehensively with Compulsory Licence matters.