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Mariscal & Abogados Abogados

Mariscal & Abogados Abogados

Mariscal & Abogados is an international law firm with a multidisciplinary approach based in the capital centre of Spain, Madrid.

Patentability Requirements in Spain

There are some things that are not inventions, and therefore not patentable (for example discoveries, scientific theories, mathematical methods, literary and artistic works or any other aesthetic creation, as well as scientific works, the plans, rules and methods for games, for the exercise of intellectual or economic/commercial activities, or computer programs – although there are software inventions that can be patented –and the ways of presenting information).

Extension of foreign patents: European patents and PCT patents

A patent or a utility model processed by the OEPM only gives protection in Spain. If you wish to obtain protection abroad, it is possible to extend the patent or utility model application to other countries in the world by presenting the corresponding patent or utility model applications (where they exist – if they do exist, they do not have to have the same characteristics as the Spanish utility models, although the names may coincide).

The grant procedure for a patent in Spain

To obtain a Spanish patent you must submit the corresponding patent application to the Spanish Patent and Trademark Office (OEPM). The documentation of the application includes a report that consists of a description of the invention, claims (which define the protection provided by the patent granted) and, where appropriate, some drawing to illustrate the invention.

Patents vs Utility Models

The fact that a patent is granted does not necessarily mean that it is valid. Third parties can always urge its total or partial nullity in court.

Moreover, a patent is not a manufacturing license (it might happen, for example, that a pharmaceutical product is patented, but has not yet been launched on the market because it has not yet obtained the corresponding authorization from the health authorities), but it should rather be seen as the right to exclude others from making, offering, introducing into trade, or using its object.