Protectia has the experience and professional staff to provide advice, prepare and manage the protection of inventions in Spain.
Filing an Invention Patent in Spain:
A patent of invention protects technological innovations characterized by three features:
Patent grant bestows protection in Spain for a non-extendable term of 20 years, this being subjected to the payment of an annual fee to keep the patent in force.
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From the time of filing a patent application, the applicant has a 12-month period to extend said application to any other country or group of countries by means of direct applications in the countries of interest or by means of existing international agreements.
An essential feature of this procedure is the existence of the so-called Report on the State of the Art (RSA). The Spanish Patent and Trademark Office (SPTO) defines the degree of novelty and inventive step of the patent through this report.
Once the RSA is published, a period is opened where the applicant chooses one of the two filing paths to proceed currently allowed by the Spanish patent law:
Novelty examination: This is an optional grant procedure. In the future, this option will be the only procedure in invention patent processing. The features of this novelty examination include:
General grant procedure: As of today, this is the most widely used procedure through which after applying for the corresponding Report on the State of the Art, the patent application is granted. This procedure will be abolished in the long run. The features of this procedure include:
If the applicant fails to choose any of these two patenting options on time in the period of 3 months, the SPTO will automatically follow the general grant procedure.
The processing duration of an application for patenting an invention in Spain is approximately 3 years.