An invention is a new idea which provides a solution to a specific technical problem. Most industrial and consumer products, manufacturing processes and machines can be protected. There are two types of protection in Spain: Invention Patent or Utility Model.
A patent can be filed as a national Patent, or European Patent and PCT if possible.
The most suitable type of protection is determined in collaboration with the client based on the degree of novelty of the invention and on the invention itself, because chemicals or processes cannot be protected as Utility Models, for example.
In relation to the scope of the registration in Spain, there are 3 possibilities:
A PCT patent prosecution consists of two phases, the international and the national phase.
- The international phase starts with the application, continues with the international search and ends with the publication of the patent and the search report.
- The national phase entails paying a fee, an examination and the translation of the application to the official language of each designated country, for all intents and purposes becoming as many national patents as countries have been selected. Nevertheless, it is not necessary to file the drawings or the priority certificates to the various national offices. This phase must start 30 months after the priority date, in other words the date of first filing.