Spanish law

New Spanish patent law 24/2015 

Main changes introduced by the new law

Patents derived from a PCT application or from a European application will have no effects in Spain unless such applications are filed at the SPTO, or claim priority from an earlier application filed at the SPTO.

In the absence of proof too the contrary, an invention will be deemed to be made in Spain if the applicant has its domicile, registered office or permanent address in Spain.

→   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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