Under Article 122 of the Patents Act, inventions created in Spain by Spanish residents must initially be filed in Spain.
This caution should be taken into account in light of the system of confidentiality to which all filed applications are subject for the first two months after they are filed and which enables a decision to be reached on whether the object of the application affects national defence interests.
The SPTO cannot ensure this obligation is met but the applicant should be aware that to breach this obligation would be breaking the law.
