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Preliminary draft law on PatentsAfter a first reading, the Government has approved the preliminary bill of law on Patents which revises the legal framework for Industrial Property in Spain, currently covered by Law 11/1986 on patents. The aim is to equate the Spanish system with international regulations while strengthening it and establishing a legal framework that will encourage truly inventive, innovative activities. The new law aims to promote and protect innovation in Spain, offering an attractive alternative for those who choose to protect their inventions through national channels. In addition, it offers a fast, efficient alternative to businesses, entrepreneurs, and public and private institutions in Spain for protecting their innovations with sound patents, removing comparative disadvantages with regard to European and international applications. A solid patent system also prevents the creation of unjustified monopolies as the protection and exclusive right involved in a patent is only granted if the novelty is really proved. It also benefits private persons by guaranteeing the seriousness of patents, preventing technology bubbles and, in general, improving the image of Spanish patents. Main new features
The role of the SPTO The draft bill of law establishes that the SPTO will be the only national institution to grant the date of submission to patents applying for it, and will also be the only institution to grant patents, thus guaranteeing market unity. The proposal also covers action by the Office and establishes that it will only be necessary to act through an Industrial Property Agent for applicants who are from outside the European Community, as is usually the case in most countries. The SPTO will also be responsible for promoting and developing mediation and for acting as an institution for arbitration. And, in line with the legislation, it will hold the functions attributed to it by decree for resolving any conflicts relating to Industrial Property on matters that are not excluded from those to be freely decided upon by the parties in accordance with the law. For further information, click here.
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