Skip to main content

Clifford Chance

Clifford Chance

Briefings

Towards a new Spanish Patent Act

9 March 2015

  • One single procedure for the grant of patents: the prior examination procedure.
  • 50% reduction in application fees, preparation of the report on the state of the art and performance of the substantive examination, and in the first 3 yearly payments for certain entrepreneurs and SMEs.
  • Express inclusion of supplementary protection certificates for drugs and plant protection products.
  • Separate regulating of the exceptions of "experimental use" and the "bolar provision".
  • New aspects in the regulating of actions against patent right infringement.
  • New aspects in matters of patent invalidity.
  • New procedure for the revocation or limitation of the patent before the SPTO.
  • New aspects in matters of patent expiry.
  • New aspects in matters of obligatory licences.
  • More precise system of employment-related inventions.
  • Explicit mention of the doctrine of equivalents.
  • Amendments of procedural rules.
  • Amendments in the regulating of conciliation before the SPTO on matters of employment-related inventions.
  • Express reference to arbitration.
  • Strengthening of the utility model.
  • Introduction of the rules of application of International Conventions.

Download PDF