Patents and Designs

Patents

If an invention needs to be protected in Spain, it will be necessary to file the corresponding application before the Spanish Patent and Trademark Office. A successful application will grant an exclusive right in Spain for this invention.

In Spain, there are two different ways to protect an invention, depending on the type of invention. An invention can be protected as a patent or as a utility model.

The main practical difference between these two different ways of protection is in the fact that a patent gives an exclusive right for 20 years, while a utility model only gives an exclusive right for 10 years.

Designs

If the shape of a model or a design has to be protected, it will be nessary to seek the appropriate protection by filing an application before the Spanish Patent and Trademark Office. With a successful application, an exclusive right in the design will be granted.

Designs or models enjoy protection for a 5 year period and can be renewed for further 5 year periods for a maximum of a total of 25 years.