Recommendations before applying for a European patent

  • 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.
  • A preliminary search should be carried out to ascertain the State of the Art in the technical field of the invention, which may reveal inventions that, without you knowing, anticipate your invention devaluing its novelty. This search can be performed for free using the inventions databases in Spanish and inventions in other languages. You can find detailed information on how to conduct these searches step-by-step, on the Internet ( in the technological information services section. You can also request that experts from the SPTO carry out a preliminary study on the patentability of your invention by paying a fee and requesting a Patent Technological Report (see link below).
  • Check that your invention is not excluded from patent protection under applicable legislation (arts. 52 and 53 of the European Patent Granting Convention) (E.g. with software, plant varieties...).