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INVENTION PATENTA Patent is a Register Certificate which recognises the right to exploit the invention patented only in national territory, the holder of which can prevent its unauthorised manufacture, sale or use. Patents are published and constitute available technological information.
Patent rights are intended to prohibit third parties from making, marketing, applying or launching the product or procedure patented in trade or industry.
New inventions which imply an inventive step and are appropriate for industrial application can be patented.
Patent are territorial rights. They do not automatically extend to other states.
Patents in Spain are effective for at most twenty years from the date on which they are applied for, subject to payment of annual maintenance rates.
Priority may be claimed for an application in a third country within one year, meaning that any disclosure made from the date of priority to that of the application does not invalidate the innovation nor the inventive step, essential requisites required by the Patents Law.
In the same way, the priority of a Spanish patent can be claimed to obtain rights abroad.
The processing requires drafting a Report on the State of the Art by the Spanish Patents and Trademarks Office, the request for this having to be made within 15 months from the oldest priority date.
A patent application allows third parties to formulate observations up to two months from publication of the application and lets the holder choose between a procedure with thorough examination or merely a formal examination.
The annual maintenance rates are paid yearly in advance, from the third year, with any yearly payments due being added, where applicable, to the payment due for obtaining the registration certificate after the patent is granted.
REQUISITES FOR APPLYING FOR A PATENT IN SPAINThe requisites for obtaining a patent are as follows: