Patent registration in Spain

Currently, patent applications in Spain are on a significant upward trend. Spain has many potential areas for patent development, with a particular focus on high technology and key industries. Spain is one of the leading countries in the development of renewable energy, especially solar and wind energy. Inventions in this area focus on improving performance, reducing costs, and enhancing the sustainability of renewable energy technologies. Spain’s automotive industry is one of the largest in Europe, with many major automakers locating their factories here. Inventions in this area focus on the development of electric vehicles, self-driving cars, battery technology, and smart transportation solutions. Spain is also one of Europe’s largest producers of agricultural products, especially olive oil, wine and fruits. Inventions in this field relate to improving crop yields, developing new varieties, food processing technologies and preserving agricultural products. Therefore, more and more individuals and organizations want to register their inventions in Spain, Viet An Law would like to guide customers through the article below.

Legal Basis

• Law No. 24/2015 of July 24, 2015 on Patents (amended by Law No. 6/2018 of July 3, 2018)

General overview of patent in Spain

Definition of a patent

In Spain, a patent is an intellectual property right that grants the owner an exclusive right to prevent third parties from producing, using, selling, or importing a patented invention without their consent for a limited time. In return, the patent is made public to everyone.

Conditions for registration of inventions

• Novelty: The invention must be new, which means that it has not been publicly available anywhere in the world prior to the date of filing the patent application. This includes any written or oral description, use, or other means of disclosure.
• Innovation: The invention should not be obvious to someone with expertise in the field. This means that the invention must involve an element of creativity or ingenuity that is not easily noticed by a person with ordinary knowledge in the relevant field.
• Industrial applicability: The invention must have the ability to be created or used in any type of industry. This means that the invention must have practical application and be able to be produced or used in a commercial or industrial environment.

Types of Patents in Spain

National Patents: This type of patent is issued by the Spanish Patent and Trademark Office (OEPM) and only protects patents within the Spanish territory.

European Patents: This type of patent is granted by the European Patent Office (EPO) and protects patents in all countries that are signatories to the European Patent Convention (EPC). This means that a single European patent application is patentable in many European countries.

International Patent (PCT): This type of patent is not a patent granted directly, but an international application filed under the Patent Cooperation Treaty (PCT). The PCT provides a uniform process for filing patent applications in many countries. After the international phase, the applicant must enter the national or regional phase in each desired country to obtain a national or regional patent.

In addition to these three, there are also additional protection certificates (SPCs) that can be issued for pharmaceutical and plant protection products. The SPC extends the protection period for patents that have gone through the regulatory approval process.

Patent search in Spain

Database of the Spanish Patent and Trademark Office (OEPM)

INVENES is the official database of the OEPM, INVENES allows users to search for useful Spanish patents and designs. The system provides detailed information about each patent such as title, abstract, inventor, applicant and publication date. Users can search by keyword, patent number, applicant name, or IPC classification. Users can access the following link: https://www.oepm.es/en/invenciones/

Google Patents

Google Patents is another free online patent search engine that provides access to a vast database of patents from many countries, including Spain. The search interface is simple and allows the applicant to search by keyword, patent number, inventor, or assignee.

Customers can access Google Patents here: https://patents.google.com/

Patent Representation

If the applicant needs assistance with a complex patent search or requires in-depth advice, the applicant can contact the registered patent representative in Spain. They have expertise in patent search and can help the applicant identify relevant patents and evaluate the impact of those patents on the applicant’s patent.

Filing for registration of a patent in Spain

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Patent registration in Spain through the PCT system

What is the PCT System?

The PCT system stands for  Patent  Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by  the World Intellectual Property Organization (WIPO) and has more than 150 participating countries, including Spain.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Office (IB).

Patent registration services in Spain by Viet An Law Firm

• Perform the search and notify the client in writing of the results of the patent search in Spain;
• Drafting dossiers and directly filing and monitoring the status of patent application filings in Spain on behalf of the patent owner;
• Notifying, advising and handling deficiencies/rejections of competent State agencies (if any) in the process of monitoring patent applications in Spain;
• Assist in monitoring and representing the resolution of objections and feedback to the intellectual property representative carrying out the procedure in Spain.
• Receive official dispatches, certificates and hand over to customers (if any).

If you want to file a patent application in Spain, please contact Viet An Law Firm for the most effective support.