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:
- 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.
- 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
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