| steps | step corresponding information |
| step 1 | Prepare an utility model 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 “Modelo de utilidad”, 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 the ten days following receipt of the application in their offices, the Spanish Office (SPTO) will begin studying the application to determine whether it meets the requirements for the granting of a presentation date. It will also check that the application fee has been paid. If the application does not meet the requirements for the obtaining of a presentation date or the application fee has not been paid, the applicant will be notified of this and will be given a period of ten days in which to rectify the situation. If the application has been accorded a date of filing, the application. If the application is correct, it is examined as to formal and technical requirements |
| step 5 | If everything is in order, the Office will publish and notify the applicant about the publication of the application of the utility model in the Official Gazette , including the claims and drawings. |
| step 6 | During the two months after the publication, third parties can file an opposition to the granting of the utility model, alleging the defect of any of the requirements, including the lack of novelty or inventive step. |
| step 7 | If there is no opposition, the utility model will be granted. If there are, the applicant will have a period of tow months to respond to the objections and make all the necessary changes. The Office will decide in one month period time the granting or refusal of the utility model. |
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
