Spanish law

New Spanish patent law 24/2015 

Main changes introduced by the new law

Internal priority may now be claimed for a national application.

Copy of the priority application and its translation is no longer necessary provided that the claim is not considered relevant for the patentability or in case the priority application or its translation is in the possession of the SPTO or in any digital library.

Reestablishment of the priority right is possible if the deadline was missed 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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