Following the ruling of the European Union Court of Justice (C-223/15) on similar trademarks and the risk of confusion, supplemental petitions are expected to limit infringement zones, which will oblige judges to conduct detailed analysis before issuing extensive cessation orders covering the entire EU territory.
When applying for a European patent it is important that the initial drafting of the claim recognizes the purpose for which protection is sought. Once granted, fees will have to be paid and claims must be translated into the two other procedural languages.
The European Patent Organization established a centralized system for granting uniform patents in Europe. With the PCT (Patent Cooperation Treaty) system, the process is initiated with a single application in more than 140 countries worldwide.
The grant procedure of a patent in Spain corresponds with the Spanish Patent and Trademark Office (OEPM). The grant involves the payment of some fees during the whole life of the patent (twenty years from the filing date of the application).
Utility models are privileges that, in the same way as patents, grant exclusive rights for the use and exploitation of an object. The grant procedure is simpler than for a patent and the right lasts for ten years.
All inventions that are novel, are not obvious, and have industrial application can be patented in Spain and thus grant exclusive rights for their use and exploitation.
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