| Step number | Step corresponding information |
| step 1 |
Prepare a patent which includes: - a written description (to allow others to see how it works - claims (precise the elements of your invention that you want to be protected, in terms of their technical features) - drawings (if necessary), to illustrate your invention - an abstract (a summary that includes the important technical aspects) |
| step 2 |
You fill in and file the form ?Patente de Invención?, Application Form 3101 together with three copies of the patent specification that includes the description, claims, the drawings (if necessary), as well as the text of the abstract, beginning each part in separate sheets, at the SPTO, Spanish Government's administrative bodies, Autonomous Regions', post office branches, embassies. |
| step 3 |
We respond by issuing a filing receipt which includes an application number and a filing date.Guidelines are also to be found at our web page. |
| step 4 |
Within ten days following the reception of the patent application the Office shall examine whether the application satisfies the requirements for the accordance of a date of filing. We will send you a letter explaining the following steps of the procedure. Guidelines are also to be found at our web page. If the application has been accorded a date of filing, the application is examined as to formal and technical requirements. If the application is not correct, we will communicate the defects and give to you the opportunity to correct them. |
| step 5 |
If everything is in order we will inform you and you will have to fill in the form ?Petición de Informe sobre el estado de la técnica (IET-1i), SR-1 asking for a search report and pay the corresponding fee. |
| step 6 |
We publish in the Official Gazette (OG) the bibliographic information about your patent application and publish the patent application and search report shortly after 18 months from the filing date (or priority date), as long as you have met the formal requirements, and not asked us to withdraw the application. |
| step 7 |
During the first three months after this publication, the applicant can choose either to continue with the general procedure or to ask for substantive examination of the application. |
| step 8 | In the general procedure, third parties can make observations and the applicant can modify the claims, if that was the case, we examine them and grant the patent. In the substantive examination procedure, third parties can file oppositions. Then we examine the application, in particular novelty, inventive step and sufficiency of disclosure and also de oppositions, if any. If there were any objections, you would have a period of two months to respond. If there were any outstanding defects, you would have an additional period of one month to correct them.Finally, if your application meets all the requirements, we will grant your patent, publish it and give you a certificate of grant. On the other hand, if the application fails to meet the patentability requirements, then we will deny the patent. |
Innovaccess is a constituent part of the IP Awareness and Enforcement: Modular Based Actions for SMEs project (IPeuropAware) which is co-financed by the CIP Programme, DG Enterprise and Industry of the European Commission
