The Government approves the text of the preliminary Bill on Patents

On 14 November, the Government gave the go-ahead for presentation to parliament of the preliminary text reviewing the legal framework for Industrial Property in Spain and thoroughly updating Law 11/1986 on Patents. The main aim of the review is to strengthen the Spanish patents system by placing the priority not so much on patenting as on activities that are truly inventive, innovative and new.

The so-called ‘weak’ patents, which often lead to technology bubbles, a high degree of litigation and unjustified monopolies, will be replaced by ‘strong’ patents comparable with those of international systems and industrialised countries. The procedures will also be simplified and the regulations adapted to the international framework for Industrial Property, thus helping businesses to work abroad.

Main regulatory changes

• The patent granting procedure will be made clearer and simpler, and will in all cases involve a substantive examination. The Spanish regulations will be adapted to those in force in the European Community and to other international regulations and treaties.
• Entrepreneurial initiative will be promoted by reducing the rate, for SMEs and entrepreneurs, for obtaining a patent by 50%.
• Patents will become stronger in that they will always involve a substantive examination certifying that the invention has novelty, inventive step and industrial applicability. If these requirements are not met, the patent will not be granted.
• Utility models will also become stronger. Their scope will be broadened to include chemicals and there will now be a requirement for the invention to be new on a worldwide basis. An additional guarantee will also be offered by the requirement for a pretrial motion Search Report.  
• Titles offering protection will now expressly include Complementary Protection Certificates (CCP), an industrial property title that extends the protection granted to a patent for a pharmaceutical or plant health product for a maximum period of five years to make up for the longer period of time such products need between the granting of the patent and authorisation for sale.

Creating strong patents brings the following benefits:

• Competition. It avoids unjustified monopolies because the protection and exclusive rights afforded by a patent are only granted if the novelty and inventive step are really justified.
• Citizens: The formality of patents is guaranteed, procedures are simpler and there is less paperwork.
• The Administration and Courts: The burden for the Administration is reduced (because patents of poor technical quality are no longer processed), as is the burden for the Courts because unjustified monopolies will no longer be granted.
• Spanish patents: Their image will be made stronger and they will be equated with patents in the most advanced Industrial Property systems.

Another of the benefits of the new Patent Law is that it brings greater legal certainty as the regulatory framework is made clearer and is adapted to the latest techniques and to the international legal framework.

Finally, innovation by SMEs and entrepreneurs will also be protected by the fact that the cost of the procedure for obtaining a patent will be reduced for SMEs and entrepreneurs.

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