30-July-2015
The new Spanish Patent Act has ended its parliamentary procedure and been approved on 24 July. This new law, that will repeal the current 1986 Patent Act, will enter into force in 1 April 2017.
The main and most awaited feature of the new act is the introduction of a system where patents will only be granted with prior examination of novelty and inventive step. This change means to align Spain with international regulations and favour the creation of a strong patent ecosystem. The current law lets the applicant choose between undertaking the substantive exam (and obtain a “strong” patent) or only a formal exam (“weak patent”).
Another novelty oriented at fostering a more innovative economy is the reduction of fees and the first three annuities in 50% for medium and small enterprises as well as for entrepreneurs.
Lastly, we highlight the novelties concerning utility models, by far the most common titles among Spanish inventors. With the new law, the geographical scope of tge state of the art affecting utility models will be global, the same as for patents (not only Spain as it is today). Utility models will also see its material scope extended to the field of chemicals.
See the Act in full (in Spanish): http://www.boe.es/boe/dias/2015/07/25/pdfs/BOE-A-2015-8328.pdf