Spanish law

Main changes introduced by the new law

It applies to employees stricto sensu but now also to those inventors with a service contract with the employer.

Regarding the inventions that may be claimed by the employer, the new law sets forth a timeframe for the inventor to inform the employer that an invention has been obtained (1 month after completion of the invention). Additionally, an element for the calculation of the financial compensation is added: the compensation may consist in a share of the benefits obtained by the employer for the exploitation or the transfer of rights on the invention.

Rebuttable presumption: the inventions claimed in patent applications filed within 1 year from the end of the employment or service relationship are presumed to have been made under such relationship.

In case of inventions made by the research personnel of Public Universities and Public Research Centres, there is a limitation to the invention disclosure: results cannot be published 3 months before the inventor informs the University/Centre or once a patent application is filed.

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