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Maximum resolution deadlines for procedures regulated by Law 24/2015, of 24 July, on Patents

Setting maximum resolution deadlines and making them public provides the necessary legal certainty for everyone involved in the process.

Ensuring procedures are carried out within adequate deadlines is part of the 2010-2020 Strategy for a Sustainable Economy and leads to greater efficiency within the system.

This measure follows the general trend on the international scene of removing or reducing deadlines without affecting either legal security or the quality of the various forms of patents granted. This results in effective promotion of Industrial Property, enabling the move towards an economic model based on productivity and innovation.

The maximum resolution deadlines are as follows:

a) Patent granting procedure: the result of adding eighteen months from publication of the state-of-the art report in the "Boletín Oficial de la Propiedad Industrial" (Intellectual Property Official Gazette).

b) Opposition procedure: the result of adding twenty months from the end of the period for filing oppositions referred to in article 43.1 of the Law on Patents.

c) Procedure for issuing SPCs (Supplementary Protection Certificates for pharmaceutical and plant protection products) and for their extension: the result of adding ten monthsfrom publicationin the "Boletín Oficial de la Propiedad Industrial" (Intellectual Property Official Gazette)of the corresponding application if no suspension has occurred and fifteen months if this circumstance applies.

d) Limitation or revocation procedure: three months if no suspension has occurred and six months if this circumstance applies.

e) Procedure for granting Utility Models: if no oppositions are filed, the result of adding three months from publication of the application in the "Boletín Oficial de la Propiedad Industrial" (Intellectual Property Official Gazette), otherwise, the result of adding twelve months from publication of the application in the "Boletín Oficial de la Propiedad Industrial" (Intellectual Property Official Gazette).

f) Procedure for filing transmissions, licences and other modifications to patent rights: three months if no suspension has occurred and six months if this circumstance applies.

g) Procedure for filing authorisations for full licences: two months if no suspension has occurred and six months if this circumstance applies.

h) Procedure for filing authorisations for compulsory and full licences: twelve months.

i) Reinstatement of rights: six months if no suspension has occurred and eight months if this circumstance applies.

j) Filing an appeal against a tacitly rejected resolution: twelve months.