NEW SPANISH PATENT LAW

New Spanish Patent Law (24/2015) came into force on April 1st, 2017 and concerns all applications filed from this date.

 

It introduces the following main changes:

 

Patent

 

  • Substantive examination (examination of novelty and of inventive step) and payment of a fee for the Search Report become compulsory for all Spanish patent applications. Before, it was only optional to request this substantive examination.
  • Oppositions will be required to be filed within 6 months from the publication of the granted patent.
 

Utility models

 

  • The novelty required was local (only Spanish prior art) and is now absolute (anywhere in the world).
  • Utility models are not subjected to substantive examination on novelty and inventive step. However, oppositions on these grounds can be filed by third parties.
  • It is required to obtain a search report before enforcing a utility model.
  • The new law enlarges the possibility to obtain utility models directed to chemical substances and compositions, but not to pharmaceutical substances and compositions. Biological materials are not protectable either via a utility model.
 

Please feel free to contact us should you need further information through our network of agents in Spain.

  • Publication date: September 2017
  • IP ALERT : IP ALERT LAVOIX
  • Thema(en) : Patente
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