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How to improve the European Patent

How to improve the European Patent: Uploaded on Youtube on 09/09/2011

In the following video created by the UC3M, the professor of Economics Department Alvaro Escribano make some comments about an investigation which analyses how to improve the European Patent system. The possible adoption of a unified patent in Europe put back this current subject; the following video introduces the topic answering a series of questions:

Why a Patent System is useful?

There is an open debate on this question and some controversy.

  • First, the defenders of the system affirm that if there is not recognition of monopoly through patents there will be no promotion of innovation.
  • On the other hand, the detractors think the competition between companies alone generates an innovation process.

What properties must have a Patent System to be efficient?

  • Must be low cost.
  • Should be widely publicized and accessible.

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2019-04-19T06:20:36+02:00Categories: Patents and trademarks|Tags: , , |
  • how to patent in spain

How to patent in Spain: inventions, products, etc.

Every patent in Spain is filed and examined in the Spanish Patent and Trademark Office (SPTO). To start the process it is necessary to file a patent application in which is included a descriptive memory of the invention.

Accessing a specification example.

While preparing this specification, it should be taken particular care at the claims, since in it must be reflected the conditions and terms for which we request the Patent Office to grant the monopoly.

Once the application is accepted, it is given a filing date, which will be the equivalent to its date of birth, and the starting point and reference for any further action, as well as for the validity of the patent.

Given the complexity involved in creating an application that provides adequate protection for an invention, it is highly recommended to have an IP Law Firm advising the process and, with its expertise and in coordination with the inventor, developing the patent’s specification.

In addition, a professional should advise on what can and cannot be patented and make an assessment of the viability of the patent. Clarifying that is not possible to patent an idea as such, what is protected is the practical realization of it, if it meets three basic requirements: inventions that are novel in the absolute sense, which involve an inventive step and are capable of industrial application.

The patent registration in Spain involves the following steps:

Process of patent registration

As shown in the diagram above, the system to register a patent in Spain has the peculiar existence of a two-steps process.

As a consequence of this two-way process to patent a product or invention in Spain, halfway along the way is necessary to choose whether the patent application should be submitted to Substantial Examination (novelty and inventive step), for which it will be necessary the payment of a fee and its explicit request, or to continue the process by the general grant procedure (without Examination, which is not recommended since the granted patent will be weak).

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2019-04-19T06:20:37+02:00Categories: Patents|Tags: , , |