The new Spanish patent law entered into force on April 1st, 2017, replacing the previous law of 1986 and also other provisions that were reflected in separate legal texts, such as those related to the application of the European Patent Convention and the Patent Cooperation Treaty in Spain. Likewise, on April 1st, 2017 the Council of Ministers approved the Regulation for the implementation of the new Patent Law by means of a Royal Decree. Thus, the new Patent Law and its Regulation entered into force on the same date.
The new law introduces substantial changes in the national patent system, both for patents and for utility models, and may affect the filing of European and PCT applications for inventions made in Spain.
In the following we summarize the main changes. However, this summary is not exhaustive and it should not be considered as legal advice. Don’t hesitate to get in touch with us if you need any clarification, and especially if you need advice on a particular case.