During the substantive examination, the application is examined again. To do so, an evaluation committee is created, in which three examiners participate, who decide whether or not to proceed with the final granting of the patent.
Both the granting and denial of the patent application are published in the BOPI .
The processing times range from 21 to 24 months. With some variations, the cost of the granting procedure is estimated to be around 1200 euros and once the patent has been granted, the corresponding annual fees must be paid.
The concession provides protection for a non-renewable period of 20 years, counted from the date of submission, and is subject to the payment of annuities to maintain it in force.
Is there another procedure to protect mexico business email list invention? Yes, the Utility Model
As an alternative for the case of minor inventions or those that involve little complexity and less inventive step, it is worth knowing that it is also possible to register a utility model in Spain, which implies a faster (6 months) and simpler process and a lower cost (around 100 euros) because it does not require the State of the Art Report (SIR) or the substantive examination that we have mentioned in patents. On the other hand, the maximum monopoly period granted by a utility model is 10 years from the date of filing the application.
or utility model application to other countries?
If the idea is to internationalize our business and market in other countries, we must also obtain protection in them, since the validity of these titles is territorial, that is, they are only valid for the territory in which they are issued. Therefore, it is interesting to know that from the moment the patent or utility model is requested in Spain, there are 12 months to extend it to any other country, which will retain the date of the initial application (priority date) for the purposes of determining whether the application meets the patentability requirements in that country or countries
Patent and Utility Model Applicant's Manuals
The OEPM has made available to the public two manuals that provide information and indicate the steps to follow when applying for Patents and Utility Models:
Patent Applicant's Handbook
Trademark Applicant's Handbook
If you have any questions about the protection of Industrial, Intellectual Property and Innovation, as well as about the most effective way to manage and monetize said property once the corresponding rights have been obtained and registered, consult our CEVIpyme website .