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CONSULTORES DE PATENTES Y MARCAS. AGENTES OFICIALES COLEGIADOS
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CONSULTORES DE PATENTES Y MARCAS
AGENTES OFICIALES COLEGIADOS

General Salazar, 10 48012 - BILBAO - Spain C.I.F. B-48163703
Tel. (34) 94 4102284
Fax (34) 94 4215100
acopat@acopat.com

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Patents/Trademarks in Spain PDF Print E-mail

1. Protection of Inventions

2. Protection of Esthetic Forms

3. Protection of Trademarks or Distinctive Signs

PROTECCION_DE_INVENCCIONES1. Protection of Inventions

As Industrial Property Official Agents, we are accredited at the Spanish Trademark and Patent Office, and therefore, we can advise you of the most appropriate way of protecting your invention, making patentability studies, as well as all type of actions for the application of Patents or Utility Models, during its processing, and the obtaining of the Granting Title and its maintenance in force.

Specifically for the application of a Patent or an Utility Model we need:

NECESSARY REQUIREMENTS FOR APPLYING FOR A REGISTRY IN SPAIN

  1. Description of the Invention, comprising: State of the Art known until now, specific differences that provide the invention and advantages that these differences provide.
  2. Drawings of a preferred embodiment.
  3. Data of the Owner (name, address, nationality, V.A.T.. o I.D card).
  4. Authorization signed by the Owner, together with a photocopy of the Passport or the I.D. card of the signatory.
  5. Inventor’s data, including also a photocopy of the I.D. card.
  6. Assignment Document signed by the Inventor and by the Owner.

     

    What are the PATENTS?

    Are registable as Patents the inventions susceptible of industrial application, that are new and that involve an inventive activity.

     

    It is considered that an invention has NOVELTY when its content has not been applied previously as Patent or Utility Model in Spain, and IT HAS NOT BEEN DISCLOSED in Spain or Abroad previously to the application.

    It is considered that an invention involves inventive activity when its content is not EVIDENT for one skilled in the art taking into account the already known previously to the application for the Patent (State of the prior Art).

    It is considered that an invention is of INDUSTRIAL APPLICATION when it can be manufactured or used in any kind of industry, including the agricultural industry.

    There are not registrable as Patents:

    • The scientific theories or the mathematics methods
    • The artistic or literary Works, or the esthetic creations
    • The methods of rules for the practice of intellectual activities or economic-commercial activities
    • The computer games or programs
    • The form of presenting informations

    The registry of a Patent grants to his owner the right of exploiting the invention in Spain for a max period of TWENTY YEARS, provided that the annual payments of maintenance (ANNUITIES) are carried out.

    What are the UTILITY MODELS?

    There can be protected as Utility Models the inventions consisting in GIVING TO AN OBJECT a configuration, structure or constitution of which an appreciable PRACTICE ADVANTEAGE comes off for its USE or MANUFACTURING.

    The inventive activity required for the Utility Models is lower than the required for the Patents, since it is only required that they do not follow of a VERY EVIDENT way the prior State of the Art.

    The Utility Models have a max duration of TEN YEARS, provided that the annual payments of maintenance (ANNUITIES) are carried out.

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    FORMAS_ESTETICAS2. Protection of Aesthetic Forms

    As Industrial Property Official Agents, we are accredited at the Spanish Trademark and Patent Office, and therefore, we can advise you in the more appropriate way for protecting your Designs, as well as carry out all type of actions for the application of an Industrial Design, defend it during its procedure, obtaining the Granting Title and manage its maintenance in force.

    Specifically for the application of an Industrial Design we need:

    NECESSARY REQUIREMENTS FOR APPLYING FOR A REGISTRY IN SPAIN

    1. Photographs, Drawings or even a Physical Sample of the Object to protect.
    2. Data of the Owner (name, address, nationality, V.A.T. or I.D card).
    3. Authorization signed by the Owner, together with a photocopy of the Passport or the I.D. card of the signatory.
    4. Data of the Author, including also a photocopy of the I.D. card, if there is not waiver to the mention of the author.

      What are the INDUSTRIAL DESIGNS?

      There exist numerous known objects, that their only novelty is the design or the aesthetic form that present.

      Consider, for example, the different forms that can adopt a table, a chair, an ashtray, a key or a handle, or the ornaments of a package or a tissue.

      The way to protect in Spain this novel aesthetic BIDIMENSIONALS or TRIDIMENSIONALS forms is through the INDUSTRIAL DESIGN, registration category that allow the registration of up to FIFTY VARIANTS of the same object for FIVE YEARS, renewable for successive periods of five years, UP TO 25 YEARS.

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      MARCAS_O_SIGNOS_DISTINTIVOS3. Trademarks or Distintive Signs

      As Industrial Property Official Agents, we are accredited at the Spanish Trademark and Patent Office, and therefore, we can advise you of the most appropriate way of protecting your Distinctive Signs or your Corporate Image, as well as carrying out any type of steps for the application for Trademark or Commercial Names, defend it during its processing, obtaining its Granting Title and manage its maintaining in force.