Protection of Pharmaceutical and Cosmetic Industry Inventions by means of Spanish Patents: Key Aspects

1. Spanish patents versus EU patents: The protection of inventions in Spain through patents may be achieved in two ways: obtaining a Spanish domestic patent or obtaining an EU patent designating Spain.
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EU patents are governed by the Convention on the Grant of European Patents of 5 October 1973 (the European Patent Convention, as amended by the Act revising the Convention of 29 November 2000), and are granted by the European Patent Office (EPO), based in Munich (Germany). Applications for these patents must state the Member States parties to the Convention – which include Spain – where protection is sought. Once a given EU patent has been granted, several States – such as Spain – require the translation (with the consequent increase in costs) and validation of the EU patent in their domestic patent and trade mark (industrial property) offices for the patent to become effective in their territory. In addition, once the whole process has concluded, the EU patent becomes a ‘bundle of patents’, wherefore the legal effects of the EU patent in each State are determined by the relevant national legislation. And similarly, not only are claims for infringement determined in accordance with the law of each of the jurisdictions where the harmful acts were committed, but also actions for revocation must be brought in each one of the States where such patent revocation is sought…