GreatNor IP Law is well aware of the importance of specialization. The expertise of our team of engineers specializing in patents ensures successful protection.
In accordance with patent law, all inventions demonstrating novelty, an inventive step and industrial application can be patented; this applies even when they consist of a product composed of or containing biological material, or a procedure by means of which biological material is produced, transformed or used.
An invention shall be considered to be new if it is not part of the technical state of the art.
The state of the art refers to everything made available to the public in Spain or abroad by means of a written or oral description, by use, or in any other way, before the date of filing for the patent application.
If the invention is not considered to form part of or result from the state of the art, as determined by a person skilled in the art, the invention shall be considered as having an inventive step.
In order to obtain a patent, an application is required, and must include:
1.-A request addressed to the General Director of the Registry of the Industrial Property;
2.-A description of the invention for which the patent is being applied;
3.-One or more claims;
4.-Drawings relative to the description or claims;
5.-A summary of the invention.
The patent grants its holder the right to prevent third parties who do not have the owner’s consent from:
a) Manufacturing, placing on the market, or using a product covered by the patent. Importing or possessing the product for any of these purposes is also prohibited.
b) Using a procedure covered by the patent, or offering such use, when the third party is aware, or circumstances make clear, that use of the procedure is prohibited without the consent of the patent holder.
c) Offering or placing on the market, or using a product obtained directly from the patented process. Importing or possessing the product for any of these purposes is also prohibited.
Protection from utility models, in accordance with legal provisions, is designed for inventions possessing novelty, an inventive step and consisting
of giving an object a configuration, structure or construction that results in a practically significant advantage in its use or manufacture.
To benefit from utility model protection, an invention must involve an inventive step which does not result from the state of the art in a manner that is obvious to an expert in the field.
The utility model can be expanded via European or international PCT patents, and in countries where the utility model figure is not recognized, the invention may be protected as a patent or design.