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New Patent Law in Spain

As we have already advanced in previous editions, the new Spanish Patent Law will enter into force next April 1, 2017. It is an important landmark to have delivered the drafting of this new Patent Law that will replace the current Law of 1986.

The New Law substantially modifies the procedures for obtaining a patent in Spain, such as by imposing the compulsory Examination (previously optional). In addition, other aspects such as the rights of inventors are specified and updated and the requesting and payment of the fees for IET (Spanish Search Report) at the time of filing the application is now compulsory.

In addition, the new Law includes substantial changes for the Utility Model applications, such as the new absolute novelty requirement or the necessary requesting of a Spanish Search Report to be able to take legal action against alleged infringers.

In addition, to reduce costs, new reductions on rates are set for SMEs and individuals. Besides to the existing reductions for universities.

Doubtlessly, the requirement to go through a substantive examination for all the patent applications, reinforces even more the involvement for an accredited Patent Attorney for preparing, drafting and defending your applications.

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