To register a patent you must go to the Spanish Patent and Trademark Office (OEPM)
and apply for an investment patent with a descriptive report of the object.
We must be advised by a professional who tells us what can and cannot be patented, we must meet 3 requirements
-Let them be new inventions.
-That involve an inventive activity.
-That they are susceptible to industrial application.
As we see in the diagram, the Spanish patent processing system has a double procedure and as a consequence it is necessary to decide whether the application is subjected to an examination of novelty and inventive activity, for which we will need to pay a fee and its explicit request, or continue with the general procedure.
General procedure:
This procedure results in a patent grant, despite the existence of relevant prior documents or observations by third parties with strong arguments against it, therefore this route is a weak right that offers less legal force and is almost obsolete. today until it eventually disappears.
Their characteristics are:
-No oppositions can be submitted.
-Observations can be submitted.
-No patentability study is carried out.
-Direct concession.
Procedure with prior examination.
This route is more memorable because all applications are subject to a novelty and activity test and gives a period of time for possible oppositions from third parties. Therefore, the concession through this means is legally more solid.
Their characteristics are:
-The results of the IET (Novelty Exam) are studied
-Oppositions can be submitted
-If the exam is negative or oppositions are presented, the application may be denied.
The choice of one or the other route is made after the publication of the application and the result of the report (IET). It is interesting to know that the IET can be requested at the time of application to shorten deadlines and allows the report to be available in 6 months.
The duration of the complete procedure in Spain is 3 years, the concession grants protection for 20 non-extendable years and is subject to the payment of annuities to keep it in force.
From the moment of the request we have 12 months to extend it to any other country, so you have to be very careful not to miss the opportunity.
