Spanish law

New Spanish patent law 24/2015 

Main changes introduced by the new law

After the SPTO issues a Search Report the applicant has to request examination; in case of objections from the examiner, the claims may be amended and/or arguments filed, in a process leading to the grant or refusal of the application.

Third parties may file observations on the patentability, and the examiner may take them into account.

Oppositions may be filed within 6 months from the grant of the patent.
Appeals at the SPTO are possible against a decision to refuse the application, and against the decision in an opposition.

→   Shift to a granting system with substantive examination and post-grant opposition, for all Spanish patent applications →   Obligation of first filing a European or PCT application at the SPTO, for inventions made in Spain →   Possibility of limiting the scope of protection after grant/opposition →   Utility models →   Priority right →   Patentability →   Non-prejudicial disclosures →   Employees’ inventions →   Supplementary Protection Certificates and their procedure →   Bolar Provision →   Official fees and renewals →   Rehabilitation and restoration of rights →   Nullity →   Protective letters →   Compulsory licenses →   Jurisdiction and procedural provisions

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