What is a patent and how to obtain it in Spain?

Are you one of those who have decided to start 2022 with a new business idea? If you are thinking of creating a product or service that can have an industrial application, then taking out its patent is your best alternative.

In Spain, there is an autonomous body attached to the Ministry of Industry, Trade and Tourism that is in charge of this process and is known as the Spanish Patent and Trademark Office (OPEM).

Are you interested in getting a patent so that you can be recognized as its author? Read on, because in this article we will explain everything you need to do about it!

What is a patent?

The first thing to understand is that when we talk about a patent, we are referring to an exclusive right granted by the State to the person who invents or creates a specific product or service.

Thus, the person who receives the patent is the only person authorized to commercialize and profit from his invention during an established period of time.

Characteristics of a patent

Here are 5 essential characteristics that define a patent

1.       It is an exclusive right

2.       It is valid in the territory where it is carried out, in this case Spain.

3.       It usually has a limited duration of 20 years.

4.       It favors the creator of the same

5.       It is capable of generating a monopoly

What can you patent today in Spain?

Through Law 24/2015 on Patents, the patentability criteria in Spain are regulated. And that is how that idea that you intend to carry out must be original and new to the world, and at the same time must have an industrial application.

In addition, the invention in question must constitute the solution to a technical problem. What do we mean by this? In Spain, for example, discoveries, scientific theories, as well as literary works and mathematical methods are not considered patentable.

Types of patents

1. According to the scope of application

National: the procedure is carried out at the Spanish Patent and Trademark Office, and they are those that are applied for to be exploited in a country.  After applying, you will have 12 months to extend the application to another country.

European: for this type of patents, the procedure is carried out at the European Union Intellectual Property Office, and will grant rights to the holder in all member countries of the European Patent Convention.

PCT: it is carried out through the World Intellectual Property Organization and is regulated by the Patent Cooperation Treaty. This petition offers international protection to an invention.

 2. According to the object

Product: as its name indicates, it offers exclusive rights over a physical product with industrial application.

Process: includes processes, mechanisms or procedures that may be used in the creation of a product or in industrial applications.

How can I patent in Spain?

It does not matter if you are an individual or a legal entity, either way you can proceed to apply for a patent in Spain, regardless of your nationality or residence.

As mentioned above, to obtain a patent in Spain, the body in charge is the Spanish Patent and Trademark Office (Oficina Española de Patentes y Marcas). Therefore, you will have to go to the regional centers of Industrial Property or to the Post Offices to obtain the corresponding documentation.

What is the required documentation?

Basically there are 6 main documents that you must submit when making your application:

Once the documentation is approved, you will receive a filing date, and the process can take about one to three years.

And you may be wondering what is the cost of this process? Well, the fees vary between 792.88 and 1,186.55 euros; and if you wish, you can also make the application through the SPTO’s electronic portal.

In addition to this, you must add the cost of preparing the documentation, consulting with experts on the subject, as well as a maintenance fee once the patent has been obtained.

We remind you that, in TAS Consultancy, we have a team of lawyers capable of advising you in every procedure you require in Spain, so if you wish you can clear your doubts through our website.