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Basic concepts

 

The regulations in force provide for different industrial property titles to protect an invention, which guarantee the holder an exclusive right to prevent third parties from exploiting his or her invention in exchange for the disclosure of the invention.

 

Depending on the type of invention and the duration of protection, you can apply for:

 

  • Patent: lasts for 20 years and protects inventions consisting of devices, products and processes
  • Utility model: has a duration of 10 years and protects inventions consisting of devices and products
  • Supplementary protection certificate: extends the protection of a patent on a pharmaceutical or phytosanitary product for up to 5 years
  • Topography of a semiconductor product: has a lifetime of 10 years and protects an electronic integrated circuit

 

  • What is a patent?

    It is an industrial property title that allows you to protect your invention for 20 years from the application filing date.

    The invention to which the patent pertains will be subject to a search and examination by the patent examiners in order to find out or check whether it meets the patentability requirements to be granted.

    The patent has a territorial character and can be national, European or international.

    Ir a What is a patent?
  • What is a utility model?

    It is an industrial property title that allows you to quickly protect your invention in Spain for 10 years from the application filing date.

     

    The invention is not subject to search and examination during the grant procedure, but any third party may oppose its granting, in which case the SPTO will decide on the patentability of the invention.

     

    Some inventions such as processes, biological material or pharmaceutical products cannot be protected by a utility model.

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  • What is a supplementary protection certificate?

    It is an industrial property title that allows you to extend the protection of a patent on a pharmaceutical or phytosanitary product up to a maximum of 5 years and under certain conditions, once the 20-year duration of the patent has expired.

    Ir a What is a supplementary protection certificate?
  • What is a topography of a semiconductor product?

    It is an industrial property title that allows you to protect in Spain the different layers and elements that make up an electronic integrated circuit, its three-dimensional layout and its interconnections, for a period of 10 years from when the circuit is first marketed or the topography is registered.

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  • Who can help you?

    If you have any doubts, contact the SPTO information service, which can refer you to the on-call examiner service, if necessary. If you want advice, you consult an industrial property agent.

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  • Grants and subsidies

    The various public administrations offer grants and subsidies to alleviate the financial burden of applying for a patent or utility model, which is particularly burdensome in the first few years and if you want to obtain protection in several countries.

    In particular, we recommend that you consult the SPTO grants for the promotion of patent and utility model applications:

     

    • If you are a natural person or small and medium-sized entrepreneur with residence and tax domicile in Spain, you can apply for a grant for the filing of Spanish national patent and utility model applications.
    • If you are not linked to the public sector and have a tax domicile in Spain, you can apply for a grant for the filing of patent or utility model applications abroad that have a Spanish priority.

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