If has You an idea or it
has created something and wants to protect follows it the following passages
and will obtain the necessary information for this.
In the first place must know
that the ideas are not registrable, only is protected the form of carrying
them to end, this is for example, the idea of the fact that a car does
not slide in the stopped is not registrable but if the form in which is
procured this.
The creation is:
Trademark
or a Commercial Name
It is considered a denomination
that is going to use commercially in Spain to distinguish some products
or services, some actions or an establishment.
The passages to follow consist:
1º. - to Investigate
to see if the denomination is already entered in Spain.
KAPLER disposes of a very
wide data base (+/- 98% of the records that there is in Spain ) that permits
us to realize immediate investigations and without cost, to discard denominations
before investigating in the data Bases of the Spanish Patents and Trademarks
Office.
2º. - in case that not
it be will be procedureed to solicit the record as:
- Trademark, for what should
be straddled the products or services in an or several of 45 classes of
the International classification in those which are found declassified
all the products or services of the market.
- Commercial Name for the
those which actions is disposed of High of district attorney License.
KAPLER it is commissioned
of appraising the viability of the record, of realizing the application,
of the follow-up of each record until its concession and thereinafter to
maintain it in force.
They are necessary some identity
data of the headline and documents to file an application before the Spanish
Patents Office and Trademarks.
3º. - Is solicited the
record and is carried out a follow-up during all the action and the concession
process in Spain and thereinafter to maintain them in force.
In the three cases the record
is granted by ten years from the application date, renewable forever, getting
for the actions or products that are recovered the utilization exclusivity
at domestic level at exception of the I label of establishment that alone
protects at municipal level.
4º. - The international
protection only it is possible for the trademarks, carry out as International
Trademark, Community Trademark in the European Union or as national Trademark in the country that is wished.
Inventions
The inventions are protected
in Spain as Patent of Invention or as Utility Models.
The invention patent or the
certificate of profit model is a Title granted by the State, that confers
to their/its/your/his patent the monopoly on the commercial and industrial
development of the proprietary invention, during 20 years for the patents
or 10 for the profit models. (Before 1986 these last were lasting
20).
More concretely, the headline
of a patent or of a Profit Model acquires the monopoly that empowers to
you to prohibit to third parties the manufacture, the offer, the
introduction in the commerce, the utilization, import of the product or
the possession of the same for anyone of these end.
So that an invention will
be patentable must be:
1º. - New at world level
or at domestic level according to is tried of invention patent or of profit
model.
2º. - Be the result
of an inventiveness action, this is, that give a solution not evident for
the experts to a technical problem.
3º. - to Have industrial
character.
With respect to first requirement
of patentability, this is, the exigible world novelty to the invention
patents, this is appraised in function of the report that on the state
of the technique realizes the Spanish Patents and Trademarks Office during
the general concession proceeding. For the profit models only is demanded
national novelty and its action includes an information proceeding third
parties, through the publication of its application in the Official Voucher
of the industrial property that edits Industry Ministry each 15 days, with
the possibility of be object of oppositions by who allege better right.
To obtain an Invention Patent
or a Utility Model, it is necessary to formalize the accompanied application
of certain documentation, between the one which is found the descriptive
report of the invention. This report, according to the Law of Patents,
it must be it sufficiently clear as so that an expert in the matter could
realize the object of the same, though, occasionally, and as additional
protection measure, are omitted certain technical nature points, that are
found in the call KNOW HOW .
The maintenance of the rights
that confers to you a Patent or Utility Model requires to satisfy annually
the payment of the corresponding fees during 20 for the patents and 10
for the profit Models. These negotiations, as well as the follow-up of
all the administrative burdens that are produced throughout its legal life,
are found between the functions to develop by the Patents and Trademark
Agencies.
The rights that the invention
Patent and the Profit Model grant, they are national, consequently, to
protect an invention beyond sea, it must be procedure to its inscription
in those countries in those which is wanted to obtain the rights
that the law of the land grant.
At present most of the industrialized
countries of the World, between those which is found Spain, form part of
the Agreement of the Union of Paris. This circumstance permits headline
of an Invention Patent or a Utility Model of anyone of the signatory countries,
to claim the priority of its application when procedure to formalize it
in some of the others countries, provided that not elapse a period superior
to a year from the presentation date of that.
Also, Spain has signed, between
other, the Agreement on the European Patent that make possible to cover,
with an alone inscription, nearly all the European countries and evenly
form part of the Cooperation Treaty in Patent for the action of the World
Patent - PCT , giving cause for a substantial reduction of their/its/your/his
cost, in comparison the one which would suppose the record as national
patent in each one of them.
Establish Law of Patents
, Law 11/86 of 20 of March, in its article 21 that for the obtainment of
a PATENT will be accurate file an application that it will have to contain:
1º An instance directed
to the Manager of the spanish Patent and Trademark Office.
2º A description of
the invention for the one which is solicited the patent.
3º An or several claims(define
the object for the one which is solicited the protection, having to be
clear, you specify and be established in the description).
4º The drawings to
those which are referred the description or the claims.
5º A summary of the
invention
The patent application will
not be able to understand more than an alone invention or a group of related
inventions mutually in such a way that integrate a sole general inventive
concept.
Elapsed 18 months from the
date of the presentation of the application, once surpassed the Trade examination
and makeed by the solicitor the petition of the report on the state of
the technique, The Record procedure to put to disposition in the public
the patent application, making the corresponding publication in the Official
Voucher of the industrial property of the elements of the same given legaly.
At the same time it will be published a booklet of the patent application
that will contain the description, the claims and in its case the drawings
and the other given elements legaly.
The report on the state of
the technique will mention the elements of the state of the technique that
they could be taken under advisement to appraise the novelty and the inventiveness
action of the invention object of the application. This report will be
processed on the basis of the claims of the application and taking into
account the description and in its case the drawings that they might have
been entered.
Once it elaborated the Report
on the State of the technique, the Record will give transfer of the same
to the requesting of the patent and will publish a booklet with said report
, making the corresponding advertisement in the Official Voucher of the
industrial property.
Any person will be able to
formulate duly reasoned observations and documented to the report on the
State of the technique. Once it elapsed the period for third party observations,
will be given transfer of the bills entered to the requesting so that this
formulate the observations that estimate relevant to the report on the
state of the technique, make the commentaries that creates timely as compared
to the observations entered by third parties and revise if estimates it
convenient the claims.
Once they performed these
procedures will be granted the patent that will be made without mediator
damage and without state guarantee concerning the validity of the same
and to the profit of the object on the one which relapses. It will be edited
for his sale to the public a booklet of each granted patent.
With respect to the UTILITY
MODEL marks the article 143 of the Law of Patents that they will be registered
as utility models, according to disposed what is in the present title,
the inventions that being new and implicating an inventiveness action,
consist of giving to an object a configuration, structure or the one which
constitution result some inducement practically for its use or manufacture.
In particular, they will
be able be entered as profit models the utensils, instruments, tools, appliances,
devices or parts of the same that has the requirementss stated in the prior
paragraph.
The state of the technique
in reference to which must be judged the novelty or inventiveness action
of the inventions able to be registered as Utility Model is constituted
all told that that before the presentation date of the protection application
as Model has been divulged in Spain.
The protection application
as Utility Model will have to contain the same documentation that for patent
except a Recapitulation of the invention. Once it entered the application,
the Record will examine if performs the formal requirementss and if its
object is susceptible of protection as profit Model. The Record will not
examine neither the novelty, nor the inventiveness action neither the sufficiency
of the description, nor will demand the Report on the state of the technique
anticipated for the patents.
If it does not perform the
demanded requirementss will be suspended the record and will be granted
to the requesting a given period to correct them.
The record at sight of the
allegations formulated by the solicitor will direct resolution reasoned
on the denial of the application and to the continuance of the proceeding.
When of the examination of
the Record do not result defects that hinder the concession or when these
might have been corrected, the record will communicate to interest the
favorable resolution to the continuance of the proceeding and it procedure
to put to disposition in the public the protection application, publishing
it in the Official Voucher of the industrial property.
In the TWO following MONTHS
to the publication of the application any person will be able be objected
to its accompanied concession of the corresponding probatory
documents. Once it elapsed the two month period the Record will give transfer
to the requesting the entered oppositions.
If they might not have been
entered oppositions, the Record will grant the profit Model. If are entered
oppositions will be granted a period to answer them. Within following month
to establish for the answer, the Record will direct Resolution reasoned
on the concession or not of the profit Model.
These are the principal two
protection modalities that grants the Law of patents and those which permit
its headline a greater safety the hour of the de novo research and development
products or not existing proceedings in the market and that will permit
to you to have a monopolistic position during 20 or 10 years according
to is tried of Patents or profit Models.
Software
The computer programs
or you multimedia are protected of two forms:
1º. - By a part the
denomination of the product ( Wordperfect, Lotus, etc. ) is protected through
the record of the trademark in the class 09, where are found the programs,
in the Spanish Patents Office and Trademarks.
2º. - The content is
protected through the corresponding inscription in the Record of the Intellectual
Property. In this way it is procured the Copyright.
The design or
the form of an object
The form or the design of
an object are protected through the Industrial Design modality in the Spanish
Patents Office and Trademarks.
An industrial design is all
creation so that has as a goal to give a three-dimensional configuration
new to a product, the industrial end of reproducing it. It will be able
by so much, be object of industrial design, any design new that affect at
three óclock dimensions of the product, as for example the design
of a furniture, garment, toy, shoe, ceramics, etc.
The requirementss for the
registry are:
1º. - Must be a creation
exclusively in a way, three-dimensional that not report no inducement or
profit to the product ( since then would be tried of a Utility Model ) and
be industrially usable and reproduce.
2º. - Must be new, not
divulged.
The record of an industrial
design, confers to its owner the exclusive right of performing, manufacturing,
producing, selling, using and exploiting the object on the one which relapses,
being able to hinder even the products import that reproduce the drawing
or protected model.
The Industrial Designs have
the particularity of power to enter until 50 variances in a same application,
provided that is tried of a same object or of their/its parts.
Its action is similar to
the Utility Models, with a trade examination in as the formal requirementss
set forth, being published thereinafter the application the Official Voucher
of the industrial property and with the opening of a period for possible
third party oppositions that are considered injured parties or that they
could allege better rights.
The duration is 5-year-old
and is renewable up to 25 years.
Emblems or
graphic
The emblems or graphic are
protected entering them as trademarks for the products or services that
are gone to distinguish. Exist four types of trademarks between those which
are found the mixed trademarks that record of an included denomination
or together with an emblem ( Kodak, Cocacola ,etc. ) and the graphic trademarks
that consist of a symbol ( the Mercedes star ).
The record proceeding and
the protection that is procured is just as for the denominations.
Drawings and
illustrations
The drawings and illustrations
can be protected of two forms:
- as Industrial Drawings
in the Spanish Patents Office and Trademarks.
The industrial drawing is
a creation in a way of two-dimensional character, that has as a goal the
ornamentation of a product. Thus, they will be able be entered as industrial
drawings the motives adorns them of a textile piece, of ceramics, etc.
The requirementss for its
registration are:
1º. - Must be a creation
exclusively in a way, two-dimensional that not report no inducement or
profit to the product ( since then would be tried of a Profit Model ) and
be industrially usable and reproduce.
2º. - Must be new,
not divulged.
The record of an industrial
drawing, confers to its headline the exclusive right of performing, manufacturing,
producing, selling, using and exploiting the object on the one which relapses,
being able to hinder even the products import that reproduce the drawing
or protected model .
The Industrial Drawings have
the particularity of power to enter until 10 variances in a same application,
provided that is tried of a same object or of its parts.
Its action is similar to
the Utility Models, with a trade examination in as the formal requirementss
set forth, being published thereinafter the application the Official Voucher
of the industrial property and with the opening of a period for possible
third party oppositions that are considered injured parties or that they
could allege better rights.
The duration is 10-year-old
renewable additionally 10 to application of the headline, provided that
are credited the corresponding five-year fees to the maintenance the acquired
right.
- through its inscription
in the Record of the Intellectual Property to acquire the Rights of Autor.Es
it more frequent for pósters, tables, photos, etc.
