Patents and utility models 

Regulations:

• Law 24/2015 de Patentes
• Tratado sobre el Derecho de Patentes 2013: sobre cuestiones relativas al Registro
• Arreglo de Estrasburgo relativo a la clasificación Internacional de Patentes 1971

Definition of patent: A monopoly granted by the State in respect of an invention ad an incentive to innovate. It is the title. It is the right.

The patent is convenient to: stimulate creativity and the development of science, offering exclusivity during certain time, after which the invention can be used by anybody

Previously the patentee has the obligation to disclose the invention to the public

Patents are not secret: anyone can make research on it and try to improve and develop with new ideas

Patentability:Novelty : absolute / Unknown in the existing knowledge ; @@Industrial application@@; I%%nventive steps%%

Right to patent: Through registration : Inventor; Employee’s inventions

The register of the invention:

• file an application
• comprising the characteristics and description of the invention
• Examination period: General procedure, Previous exam

Effects of patent:

• The owner has the right to prevent the exploitation (direct/indirect) of the patent product by others without his consent. Limits: General (61.1); Exhaustion principle (61.2)

Duties of the patentee:

• to work the patent : by himself/authorized person
• compulsory licenses

Dealing with patents:

• Pieces of property
• Valuable assets
• Can be licensed: contractual licenses, ex officio licenses, compulsory license

Remedies for infringements

• art. 70
• Civil actions 71:
  • cessation
  • compensation
  • seizure
  • attribution of ownership
  • measures to avoid infringement
  • publication of the judgement

UTILITY MODELS

• Short term patents
• To protect inventions
• that confers the object a form or structure and produces an appreciable improvement in its use or manufacture
• ex: Handel to Foldable bath tube