PATENTS

Table

PATENT SERVICES

General advice, prosecution and actions before Patent Offices:

Freedom-to-operate analysis
Patent and utility model applications in Spain (direct or as PCT national phase)
European patent applications (direct or as PCT regional phase)
Validation of European patents in Spain
Applications for unitary effect of granted European patents
Recordation of assignments and licenses

Dispute advice and litigation:

Dispute assessment and advice on resolution strategies
Drafting and responding to cease and desist letters
Out-of-court settlement negotiations and drafting of agreements
Litigation before Spanish courts, acting for plaintiffs or defendants in all types of proceedings related to patent rights

Spanish substantive patent law is aligned with the European Patent Convention.
A search report with written opinion is typically issued within 10 months.
Substantive examination must be requested within 3 months from publication.
Opposition proceedings in Spain occur post-grant, within a 6-month period.
For European patents, the search report and written opinion are usually issued within 5 months.
Examination must be requested within 6 months; opposition period is 9 months after grant.
After grant, a European patent must be validated in each designated country, resulting in national patents subject to annual fees in each office.
Alternatively, for many EU countries, a Unitary Patent can be obtained through a single procedure before the European Patent Office.
Unitary Patents require one annual fee paid to the EPO and are litigated before the Unified Patent Court.