Spanish law

New Spanish patent law 24/2015 

Main changes introduced by the new law

Two scenarios are added: compulsory license to remedy anti-competitive practices and compulsory license to manufacture drugs to be exported to countries with public health problems.

Burden of proof and mediation: before applying for it, the applicant of a compulsory license must obtain evidence of the unsuccessful attempts for obtaining such license from the patent holder. Certificate issued by the SPTO is removed as necessary evidence to prove the exploitation of the invention. Likewise, mandatory mediation is also removed; although the Office may invite the parties to use mediation to reach a suitable agreement.

→   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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