Spanish law

New Spanish patent law 24/2015 

Main changes introduced by the new law

Rehabilitation request (force majeure as main requirement) is removed as a means for recovering a lapsed patent. However, restoration of rights is added as general and single measure to recover the rights that have been lost in spite of all due care.

→   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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