To obtain a patent that is effective in Spain, you can use three applications:
– Via national application: The application is drawn up following the requirements set out in the Spanish Patents Act of 20 March 1986.
– Via European application: Since 1986, Spain has been a member of the European Patent Convention, which enables a set of national patents to be obtained by means of a single application to the European Patent Office (EPO).
– Via International application or PCT application: since 1989 Spain has been signed up to the Patent Cooperation Treaty (PCT). This system enables the protection of an invention to be requested in each of the signatory states of said Treaty (148 in 2015) using a single application. This is not a patent granting procedure, nor does it substitute patents granted by national authorities. It is a procedure for standardising operations for international protection.