Spain is once again at the tail end of the European Union (EU), without a unitary patent! To explain this statement, which may seem very risky, we will go through the following steps:
Context:
Macro
Since the 2012 (Regulation (EU) No 1257/2012), aunque podría decirse incluso que desde que se aprobó el Convention of Munich Since 1973, the institutions of the European Union have been striving to achieve uniform protection in all member countries.
«Companies must have, among other legal instruments, with a patent title providing uniform protection within the internal market or, at least in a significant part of it.»
Much progress has been made since this declaration, but in order to enjoy the benefits of filing for a unitary patent EU membership is not enough. In addition, the country in question must also ratify its accession to the Unified Patent Court Treaty (UPC).
Micro
This, Spain, together with Italy, will be the only EU countries that are not part of the unitary patent.. Our refusal to join is based on the defense of the “Spanish” language and the refusal to process patent applications in the official languages of the EPO (European Office Patent). This position is more than legitimate and should not be renounced, but it places Spanish companies wishing to protect their innovations in a clearly disadvantageous position.
Effects of the unitary patent:
Until now there have been 3 ways in which they can be patented:
– National (protection within the country).
– European Patent (single application to the EPO and national protection in each of the designated states).
– PCT (single application before the WIPO and protection at national level in each of the designated States).
The unitary patent creates a 4th pathway which would reduce translation costs and administrative fees. In addition, it would eliminate some formalities and simplify their level of complexity. With this initiative, inventors would be able to have their invention protected in all 25 member states with a single application and fee. The system facilitates access to patent protection, which is legally more secure as it enjoys the same level of protection in all Member States and at a lower cost, as it entails the payment of a single annual fee. The application must be filed in one of the EU procedural languages (English, French or German), and the statement of the scope of protection must be translated into all 3 languages.
Finally, the unitary patent involves the creation of a Unified Patent Court that would have specialized jurisdiction in disputes related to unitary patents.The advantages are more than obvious, since this would avoid the multiple and costly litigation in up to 28 different national courts, as is currently the case. The resulting advantages are more than obvious, since this would avoid the multiple and costly litigation that would involve having to go to up to 28 different national courts, as is currently the case.
Our vision:
Our IP lighthouse keepers advocate a change of position. We do not renounce to continue fighting in all instances to recognize the use of Spanish. At TLT, we believe that Spain cannot be left behind. In addition to the benefits mentioned above, the unitary patent offers many others.
- It would allow Spain to apply to host the new Unified Patent Court for disputes in the pharmaceutical field since, with Brexit, London’s candidacy declined.
- It would be a key factor in the competitiveness of our SMEs.
- It would attract foreign investment by facilitating the registration process.
Can you think of any others? Write to us at
