Wrote an opinion piece in the British newspaper The Guardian , in which he openly defended the exemption of patents on Covid-19 vaccines, to allow their reproduction in poor countries, thus opening a global debate on the registration of patents and the viability of this system of rights protection in the midst of a global pandemic.
Is it lawful for the State to guarantee the industrial property system during a pandemic? Or should patents be limited in areas of public health?
We see that the registration of patents is not without controversy, and can go from being an economic problem to a humanitarian one, but how exactly is a patent registered?
Before answering the question, we must know what a patent is. A female database patent is a right granted to the owner of an invention to be able to exclusively exploit it, preventing others from manufacturing, selling or using it without their consent.
In order to be granted this right, it is necessary to register your patent and for this, it is best to seek advice and use the services of a lawyer specialized in the matter, such as the Silex IP law firm . These are professionals specialized in the registration of patents, trademarks, intellectual property and industrial designs.
How to register a patent
Article 2 of Law 24/2015, of July 24, on Patents refers to the Patent Registry, indicating that registered titles will have unique character and validity throughout the Spanish territory. The granting of patents is the responsibility of the Spanish Patent and Trademark Office, hereinafter OEPM.
Steps to register a patent:
The application and the required documentation must be submitted to the OEPM . The inventor must be named and the invention described.
Make the payment of the application fee and the fee for preparing the report on the state of the art
After receiving the application, the SPTO has a period of 10 days to check whether the application complies with the legal requirements. If any elements are missing, a period of time will be given to correct them.
Once the application has been accepted and all requirements have been verified, the OEPM will verify:
If the subject matter thereof is not manifestly and entirely excluded from patentability
If the requirements relating to representation and the claim to priority are met, as well as any other requirements relating to the formal regularity of the application
The SPTO will issue a report on the state of the art and a preliminary, non-binding written opinion on the patent application. Both the report on the state of the art and the written opinion will be forwarded to the applicant.
After 18 months from the date of filing the application or from the date of priority that has been claimed and passed the ex officio examination, the Spanish Patent and Trademark Office will publish the patent application as soon as possible, making the corresponding announcement in the "Official Bulletin of Industrial Property" and making the documents contained in the file of the published patent application available to the public.
Can they oppose the registration of a patent?
Yes, within 6 months of the publication of the grant in the "Official Bulletin of Industrial Property", any person may oppose the grant.
Reasons for opposition:
The claimed invention does not meet any of the patentability requirements
The patent description is not clear and complete enough for a person skilled in the art to execute it.
The subject matter of the granted patent exceeds the content of the application
In order to oppose the granting of a patent, it is necessary to comply with a procedure:
A reasoned letter with the opposition must be sent to the OEPM, after paying a fee.
If the application is accepted for processing, the opposition is communicated to the owner of the registered patent so that he can present his allegations.
After the reply process, the OEPM will decide by accepting all or part of the objections that have been submitted, if they meet the reasons for the objection that we have seen previously.
Before making a final decision, the owner is given an opportunity to correct the defect or submit new allegations.
The OEPM resolution will be published in the "Official Bulletin of Industrial Property", including, where appropriate, the modifications that have been introduced in the patent.
As you can see, registering a patent is no small matter. If you find yourself in this situation and need to protect your invention, it is best to put yourself in the hands of lawyers who are experts in the field, since they will be able to advise you and you will avoid problems in the future, especially with the issue of oppositions by third parties.