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Patents and Utility Models

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.

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 know the list of countries that can be included in these applications.

The requirements that a Patent and Trademark Office requires to grant an invention are:

  • To be new
  • To have an inventive activity
  • To have an inventive activity

Spanish patents are granted for a maximum of twenty years from the date of application.

Utility models protect technological solutions, but restricted to products, devices or technical devices. Procedures are not included.

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.

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