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Frequently Asked Questions Industrial Property

El artículo 4 de la Ley de Patentes excluye específicamente del concepto de patentabilidad "los planes, reglas y métodos, etc. para el ejercicio de actividades económico-comerciales..." En la Oficina Española de Patentes y Marcas no pueden protegerse las ideas de negocio al no tratarse de invenciones de aplicación industrial, es decir, aparatos, mecanismos, instrumentos, productos, etc. que se fabriquen en una industria.

In Spain, industrial property protects all creations related to industry: patents and utility models, distinctive signs and designs.

In contrast, intellectual property is reserved for protecting creations of the mind in which the author's personality is captured, and that are unique creations, not industrially manufactured or mass-produced.

These creations can be literary and artistic works such as novels, poems and theatre plays, films, musical works, artworks, drawings, paintings, photographs and sculptures or architectural designs, as well as rules for games and computer programs.

For each one there are different laws and the authorities responsible for their management are also different: the Spanish Patent and Trademark Office deals with the recognition of industrial property rights and the Intellectual Property Registry deals with intellectual property rights.

The organisation and addresses of the Intellectual Property Registry can be found here.

For this type of creation, only the name of the programme, contest or game can be protected as a trademark. However, this does not apply to the rules or format, and protection for these would have to be sought through intellectual property regulations.

The documents needed to request protection of industrial property rights vary by category. Generally speaking, the minimum information required for obtaining a submission date is the following:

- An express or implicit statement that the rights are being requested.

- Information identifying the applicant.

- In the case of patents and utility models, a description.

- In the case of distinctive signs and industrial design, a copy of the distinctive sign or the industrial design, along with an indication of the products to which it will be applied.

The application will be assigned a submission date, hour and minute, and a number that identifies the case file, which will never change.

In the event of any irregularity that prevents a submission date from being assigned, the applicant will be notified to enable correction of the defect within the timeframe established by law for each industrial property category. In this case, the submission date will be the date the correction document is received. If no correction is received, the application process will be considered withdrawn.