Spanish patent application




Release time:2016-05-13

Instead of adopting the term "intellectual property", which is widely used in the world, Spain uses two words to denote intellectual property: industrial property (Propiedad Industrial), which refers to patents, trademarks, designs, additional protection certificates, semiconductor topologies, plant varieties, etc., and intellectual property (Propiedad Intelectual), which refers specifically to copyright and related rights.



In Spain, there are two forms of intellectual property rights that protect inventions: patents, which apply to inventions that are absolutely novel and quite strictly innovative (the relevant inventions are not obvious to those skilled in the relevant field); utility models, which apply to small inventions and which limit the scope of geographical novelty to the territory of Spain, and the requirements for innovation are not as strict as patents (the relevant invention should not be very obvious to those skilled in the relevant field). Both of these forms of intellectual property require the invention to be industrially applicable. The main difference between the two forms of intellectual property rights lies in the different protection periods: the protection period of patents is 20 years, and some technical fields can be extended from the date of application, but administrative licensing is required and protected by additional protection certificates; the protection period of utility models is 10 years. Another major difference is that the process method cannot apply for utility model protection. The Spanish Patent Law almost reproduces the provisions of the European Patent Convention on patentability exclusions.


Appearance design   

Aesthetically novel and attractive shapes may be protected by registering a design in Spain or the European Union. In addition, even if not registered in the EU, the design can be protected for a period of three years from the date of publication. The protected design should be novel (the same design does not exist in the public domain) and individual (the overall impression of the protected design to the informed user is different from the impression of other designs existing in the public domain). For designs registered in Spain and the European Union, the protection period is 5 years, calculated from the date of application, and then can be extended for 5 years each time. The maximum protection period for designs is 25 years. Finally, if the design you wish to protect can be used as a trademark, that is, the design has distinctive features and can be represented graphically, you can also apply for additional protection of the design and apply for registration of a three-dimensional trademark (although it is quite difficult to prove that a design has distinctive features, it is still worth a try, because the term of protection of a trademark is indefinite).