Spanish law

New Spanish patent law 24/2015 

Main changes introduced by the new law

They are updated according to the latest reforms to the Civil Procedural Act as well as the Law 19/2006 extending means of enforcement of Intellectual Property rights. For instance, the deadline for replying to a patent infringement lawsuit is extended from 20 days to 2 months and, in case of orders to obtain and preserve evidence, they can be carried out without prior notification in order to assure the good purpose of them.

→   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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