Industrial Creations and Patent Law in Spain
Industrial Creations and Patent Law
Industrial creations are regulated in order to protect rights in the creations that arise as a result of technical and technological advances. This is often referred to as Research and Development (R&D). In a historic moment in the economy, it regains more importance to the protection of industrial creations that are the product of innovation. Because of this, there is a patent right under the laws of the Patent Law of March 20, 1986.
We understand the patent right as the right attributed to the inventor or his successors for the industrial exploitation of the exclusive per se or for others and for a period fixed by law. The result of his invention is commercially offering products incorporating or using the invention to produce them. Therefore, to enjoy the exclusive right, it is necessary for the owner of the invention to obtain the registration of the “Spanish Patent and Trademark Office.” Patent law regulates the process of patenting.
Requirements for Patentability
Not all creations are patentable; they must meet certain requirements:
Article 4:
- Inventions are new, involve an inventive step, and are susceptible to industrial application, even if they concern a product consisting of or containing biological material or a procedure that is produced, processed, or uses biological matter.
- Biological material isolated from its natural environment or produced by means of a technical process may be the subject of an invention even if it previously occurred in nature.
Article 5:
The following cannot be patented:
- Inventions whose commercial exploitation would be contrary to public order or morality. The exploitation of an invention cannot be considered contrary just because it is prohibited by law or regulation.
Specifically, the following are not considered patentable:
- The processes for cloning human beings.
- The procedures for modifying the germ line genetic identity of human beings.
- The use of human embryos for industrial or commercial purposes.
- The procedures for modifying the genetic identity of animals that are likely to cause them suffering without substantial medical or veterinary use to man or animal, and animals resulting from such processes.
- Plant varieties and animal breeds. However, inventions relating to plants or animals are patentable if the technical feasibility of the invention is not limited to a particular plant variety or animal breed.
- Essentially biological processes for the production of plants or animals. These are considered to be those procedures that consist entirely of natural phenomena such as crossing or selection. This paragraph shall not affect the patentability of inventions that concern a microbiological or other technical process or product obtained by such processes.
- The human body in different stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene.
Types of Patents
Based on their nature:
- Product Patent: Includes first product patents.
- Process Patent: The conception of a new route for obtaining an already known product.
- National Patent and European Patent.
- Independent Patents, Dependent Patents, and Addition Patents.
Based on publicity:
- Secret Patents and Regular Patents.