The new Patent Law and entrepreneurs
50% reduction in fees for SMEs and entrepreneurs engaged in professional or business economic activity
The new Law 24/2015, of 24 July, on Patents, states in article 186, 1 that: “entrepreneurs with individual or small and medium sized enterprise (SME) status who wish to obtain protection for an invention by filing for a National Patent or Utility Model may apply by paying 50 per cent of the application fees and renewal fees for years three, four and five; and for National Patents, the 50% fee is applicable for requesting the search report and the substantive examination”.
Request for fee reduction together with the application for National Patent or Utility Model
Applicants must submit the request for the reduced fees together with their application for a National Patent or Utility Model. They must also submit documentation required by the rules as proof that they comply with the definition of entrepreneur set out in Law 14/2013, of 27 September, supporting entrepreneurs and their internationalisation, and with the definition of small and medium-sized enterprise (SME) adopted by European Commission Recommendation 2003/361/CE, of 6 May, on the definition of micro, small and medium-sized enterprise. Alternatively, if this definition has been changed or replaced, they must prove that they comply with the definition applicable at the time of submitting the application.
Likewise, Royal Decree 316/2017, of 31 March, approving the Regulations for the execution of Law 24/2015, states in article 105, 1 that applicants must provide documents proving that they comply with the definition of entrepreneur set out in the rules mentioned above, by any legally acceptable means.
How do I prove that I am an entrepreneur or SME?
An applicant will be considered to be an entrepreneur for the purposes of the reduction in fees outlined in article 186.1 of Law 24/2015 on Patents if they are an individual or SME that can provide proof of engagement in professional or business economic activity at the time of filing an application for a Patent or Utility Model.
An acceptable way for an entrepreneur, individual or SME to prove they are engaged in economic activity is to be registered in the Census of Business Owners, Professionals and Withholders held by the Spanish Ministry of Finance and Civil Service.
In addition, an SME must be able to prove it falls within the limits established by European Commission Recommendation 2003/361/CE, with:
- Fewer than 250 employees
- An annual business turnover of less than EUR 50 million
- An annual balance sheet total not exceeding EUR 43 million
Proof of these figures can also be submitted by any legally acceptable means, as stated in article 105, 1 of the Regulations.
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