Clifford Chance

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.

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