Recommendations before applying for a National Patent
- It is advisable to perform a preliminary search to determine the State of the Art in the technical field of the invention, since you may find documentation that, without your knowing it, affects the patentability of your invention. This search can be performed for free using the inventions databases in Spanish and inventions in other languages. In the "Search for yourself" section on the website, you will find detailed information on how to perform these searches step-by-step. You can also have SPTO technicians conduct a preliminary study on the patentability of your invention by requesting, for a fee, a Patent Technological Report.
- Remember that the invention is patentable when it is novel, involves an inventive step and has industrial applicability. Novelty is required on a global level.
- Ensure that your invention is not excluded from patent protection pursuant to the prevailing legislation (art.4 and 5 of the Patents Act) (For example, with software, plant varieties...).
- If you have any questions regarding the appropriate protection method for your invention (patent or utility model), see the "What can be protected and how?" section under "All about Industrial Property".
- Determine the market in which you would like to exploit your invention exclusively, deciding on the type of patent that would be most appropriate in each case based on the extension of that market (Domestic Patent, European Patent, International Patent (PCT). Remember that after processing and granting national patents, the SPTO is authorised by the World Intellectual Property Organisation to carry out the international processing phase in Spanish according to the PCT system.
- When you submit a domestic application, you obtain the world priority right for 1 year. During this time, you may submit an international PCT application, which enables you to delay, up to 30 months, the decision on entering the domestic phase in any of the PCT member countries you wish (136 at 1 January 2007), a European patent or a domestic patent in another country. As a result, if you choose the PCT system, with the initial investment required for a PCT patent application, you will have two and a half years to assess the possibilities for success of the invention.
- Avoid revealing the invention in advance or publishing anything that describes it, since that could affect the novelty and validity of the patent that you can apply for.
- If you wish, there is a list of Industrial Property Agents available to you.
Enlaces de interés
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