The patent holder is obliged to exploit the patent, either themselves or through an authorised person, by using it in Spain or in the territory of a member of the World Trade Organization and to the extent that it satisfies national demand.
Exploitation must be carried out within a period of four years from the date when the patent application was submitted, or three years from the date on which the patent award was published in the Spanish Official Industrial Property Gazette, whichever expiry date is the later.
At the end of this period for beginning exploitation of the invention protected by the patent, anyone may request an obligatory licence on the patent if at the time of the application, and unless there is a legitimate reason, exploitation of the patent has not begun, or effective and serious preparations have not been made to exploit the patented invention in question, or if its exploitation has ceased for more than three years.
In addition to lack of exploitation, the government can make a patent application or a granted patent available for compulsory licensing at any time, if it considers this to be in the public interest.
An improvement or increase in the exploitation of a patent is considered to be in the public interest if it is of vital importance to public health or national defence.
Likewise, compulsory licences will be granted for export requirements when the lack of exploitation or insufficient quality or quantity of exploitation involves serious harm to the country's economic or technological development.
Finally, this type of licence can be granted in the case of dependent patents, that is, patents that cannot be exploited individually without also exploiting the object of a patent belonging to a third party.
