• The new Spanish Patent Law comes into force
• Publication of the SPTO 2016 Annual Report
• Fairs the SPTO is due to attend in May
• WIPO Summer Course in Madrid
• Exclusive allocation to certain Commercial Courts in Catalonia, Madrid and Community of Valencia of civil matters relating to Intellectual Property Laws

The new Spanish Patent Law comes into force

The new Law 24/2015, of 24 July, on Patents for the protection of industrial inventions (Patents, Utility Models and Complementary Protection Certificates for Pharmaceutical and Plant Protection Products) in Spain will come into force on 1 April 2017.

The main aim of this new Law, approved in July 2015, is to align Spanish regulations with European and international legislation, thereby strengthening the Spanish patent system and establishing a legal framework that prioritises truly inventive step and novel activity.

The purpose of the new Law is to foster and protect innovation in Spain, offering an attractive alternative for applicants who opt for the national route of invention protection and setting up a strong patent system that prevents unfair monopolies.

Main new features

• Changes have been made to the granting system, establishing a single procedure with substantive examination of novelty and inventive step.
• Fast granting of strong patents due to reduced administrative loads and speedier procedures, as opposition proceedings are moved to after the patent has been granted.
• In the case of utility models, the scope of protection has been broadened to include chemical products not destined for pharmaceutical use, and they will be equated to patents in terms of worldwide novelty.
• There is a reduction of 50% on application fees, State of the Art Report, examination and the first three annual payments for certain entrepreneurs and SMEs, plus a 50% discount on those fees and on all yearly payments for universities, which may rise to 100% if exploitation of the invention is proved.
• The new Law clarifies the regime for work-related inventions (those produced in the context of an employment or service relationship), increasing legal security.
• The new Law simplifies the regulation of compulsory licences, which are issued when exploitation of a patent is considered necessary for reasons of public interest.
• Protection titles now expressly include Complementary Protection Certificates, or CPCs.

In addition, the purpose of the SPTO now includes the promotion and development of mediation and the role of the SPTO as an arbitration institution.