Utility Models

Inventions can be protected as Utility Models in Spain if they are novel and imply an inventive step consisting in giving an object a configuration, structure or constitution from which some appreciable advantage for its use or manufacture stems.

Utility Models in Spain are effective for at most ten years from the date on which these are applied for, subject to payment of annual maintenance rates.

The priority of an application for a patent or utility model presented in a third country during the year immediately before can be claimed and the priority of a Spanish utility model can also be claimed for obtaining rights abroad.

The processing involves publication of the application with a call for oppositions from third parties within two months, after which application is granted, if there are no oppositions.

The annual maintenance rates are paid yearly in advance, from the third year, with any yearly payments due being added, where applicable, to the payment due for obtaining the registration certificate after the patent is granted.

REQUISITES FOR APPLICATIONS FOR UTILITY MODELS IN SPAIN

The requisites for obtaining a patent are as follows:

• Applicant’s details (name, address, nationality)
• Inventor’s details (name, address, nationality)
• Descriptive report on the invention
• Claims
• Drawings, where required
• Power of attorney form, signed by the applicant
• Form for Acquiring the Rights of the Invention, signed by the applicant, if the applicant is other than the inventor
• Way the rights of the invention are acquired
• Name and post of the person signing the power of attorney and declaration of acquisition of the invention rights

As part of our work we handle preparation of the reports, claims, summaries, translations and drawings required for obtaining utility models.