Europe

The new Spanish Patent Law will enter into force on April 1, 2017

Posted on 01/03/2017 by balder

Spain

Patent Law 24/2015 of July 24 will enter into force in Spain on April 1, 2017. The most relevant changes introduced by same are the following:

  • All patent applications shall be prosecuted under substantive examination;
  • The State of the Art report shall be paid upon filing the patent application;
  • 50% of reduction of filing fees, search fees and examination fees as well as maintenance fees for the first three annuities will be available for particulars and Small Entity applicants;
  • Public Universities are no longer entitled for exemption of all official fees, even though reimbursement of 50% o even 100% may be requested in case the invention is exploited;
  • Claiming of internal priority is now allowed;
  • Formal requirements for patent applications have been harmonized in line with the Patent Law Treaty (PLT);
  • A post-grant opposition system has been introduced;
  • Claims can be partially annulled and limited by amendment, apart from the traditional revocation as a whole, during the whole legal life of a patent;
  • The new law regulates the possibility of filing protective writs by potential infringers;
  • Worldwide novelty is required for Utility Models;
  • Protection as Utility model (no substantive examination required) may be granted also to any product or composition, including chemicals but excluding biological material, pharmaceutical substances and compositions.

Finally, please take into account that all applications filed prior to April 1, 2017 will be prosecuted according to the Patent Law 11/1986.

You may access the complete new Law at http://www.boe.es/buscar/pdf/2015/BOE-A-2015-8328-consolidado.pdf

Needless to say, should you require any further information, please merely let us know.