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Patents and utility models
A patent is an exclusive right granted over an invention.
A patent is an exclusive right that is granted over an invention. That is, an exclusive right that is granted over a process that offers a solution to a technical problem. It can be applied to procedures, devices or technical devices; or to the use of said products.
The requirements that a Patent and Trademark Office requires to grant an invention are:
- To be new
- To have an inventive activity
- To have industrial exploitation
Spanish patents are granted for a maximum of twenty years from the date of application.
Utility models are granted for a maximum of ten years from their application date.
Utility models are granted for a maximum of ten years from their application date.
To keep the patents and utility models in force, it is necessary to pay the corresponding annuities. When the rights expire, the invention becomes public domain.
In addition to national patents, there are European Patents and international PCT applications (patent cooperation treaty), for which coverage can be selected in more than 120 countries. Click here to see the list of countries that can be included in these applications.
Through the PCT international application, by filing a single application, you can protect your invention in all countries that are part of the Patent Cooperation Treaty (PCT), without needing to file several separate national or regional patent applications. Afterwards, you must submit an application for entry into the PCT national phase in each country, within 30 months from the international or priority filing date, if applicable.
- We file and process national phases of a PCT in Spain and Europe.
- We validate European Patents in Spain. The convention on the granting of European patents establishes that after the granting of a European patent, it must be validated in each of the member countries within 3 months from the mention of granting. Once this step is completed, the patent would have legal effects or validity in the validated countries.