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PATENTS AND UTILITY MODELS IN 2025: HOW TO SUCCESSFULLY PROTECT YOUR INVENTIONS IN SPAIN

Por Diego Ricardo Molinari Chiarappa / 10 de junio de 2025

💡 MCHM Lawyers - Lawyers - Data Protection and Intellectual Property (GDPR – IP)
📎 Patents and Utility Models in 2025: How to Successfully Protect Your Inventions in Spain
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👉 Patents and Utility Models: Keys to Protecting Your Inventions in 2025
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💬In an increasingly competitive and globalized business environment, protecting innovation has become a strategic necessity for entrepreneurs, SMEs, and large companies. In Spain, patents and utility models are the main legal tools to safeguard rights over technical inventions. Although they share certain aspects, they present key differences that are worth knowing in order to choose the most suitable path depending on the type of innovation. ✍️
What is a patent?
A patent is an industrial property title that grants its holder the exclusive right to exploit an invention for a determined period —generally 20 years— preventing third parties from manufacturing, using, or selling it without their consent. In exchange for this exclusive right, the inventor must publicly disclose their invention clearly and completely, allowing an expert in the field to reproduce it.
For an invention to be patentable, it must meet three fundamental requirements:
1. Novelty: It must not have been made public anywhere in the world before the filing date.
2. Inventive step: It must not be obvious to an expert in the field.
3. Industrial applicability: It must be capable of being manufactured or used in any type of industry.
What is a utility model?
The utility model is a more agile and cost-effective protection modality, especially designed for small and medium-sized enterprises. It protects inventions that, although they do not reach the level of inventiveness required for a patent, represent a functional improvement in the configuration, structure, or composition of a product.
Unlike patents, utility models:
• Have a maximum duration of 10 years.
• Do not require such a rigorous preliminary examination.
• Cannot protect processes, biological material, or pharmaceutical compositions.
This makes them an ideal option for incremental innovations or technical improvements to existing products.
Key differences between patent and utility model
Feature Patent Utility Model
Duration 20 years 10 years
Inventive level High Medium or low
Granting procedure More complex and lengthy Faster and simpler
Cost Higher More economical
Protected object Products and procedures Only products
Holder´s obligations
In both patents and utility models, the holder has the obligation to exploit the invention within a determined period (four years from filing or three from grant, whichever expires later). Failure to do so may result in compulsory licenses or even the loss of protection.
In addition, the holder must maintain the right by paying annual fees and may assign, license, or transfer their invention to third parties.
Where and how to register an invention?
In Spain, the competent authority is the Spanish Patent and Trademark Office (OEPM). The process can be initiated online through its website, where you will also find forms, guides, and support tools to draft the application correctly.
It is also possible to request international protection through the Patent Cooperation Treaty (PCT) or through the European patent, which allows protection to be extended to multiple countries with a single application.
Support and subsidies in 2025
In 2025, the OEPM has launched new calls for grants to promote the protection of inventions, both nationally and internationally. These subsidies partially cover application, translation, and maintenance costs and are especially aimed at SMEs, entrepreneurs, and research centers.
In addition, SME Fund Voucher 3 has been reactivated, which finances the preparation of Patent Technology Reports (PTRs) and prior art searches — key tools to evaluate the feasibility of an invention before registering it.
Conclusion
Protecting an invention is not only a legal matter but a strategic investment that can make the difference between commercial success and failure. Choosing between a patent or a utility model will depend on the type of innovation, the resources available, and the exploitation objectives. In any case, having specialized advice and taking advantage of available grants can greatly facilitate the process.
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⚖️ Welcome to the Civil Online Process offered by MCHM Lawyers. Through our online platform, we offer you the convenience of completing the entire procedure from the comfort of your home, without the need to visit our office or the courts (except for mandatory procedures). Below, we will guide you through each step of the process:
Access to Your Personal Account: Once you access our website https://www.mchmabogados.es/idiomas/en/inicio-sesion-mchmabogados-almeria [Civil], you will be able to create a personal account or log in if you already have an existing account. From your personal account, you will have access to all the necessary tools to complete the Civil process.
Document Upload: From your personal account, you can upload all the necessary documents to initiate the Civil process. This includes text documents, images, and any other relevant materials for your case.
Receiving Notifications and Requirements: Once you have uploaded your documents, you will receive notifications and requirements through your personal account on our online platform. These notifications will include information about the status of your case, any action required on your part, and any important communication related to your Civil process.
Process Tracking: From your personal account, you can track the progress of your case in real time. This includes information about hearings, court decisions, and any other relevant updates.
Communication with Your Lawyer: Through our online platform, you will have the ability to communicate directly with your assigned lawyer. You can make inquiries, ask questions, and receive personalized legal advice at any time during the process.
Receiving the Judgment: Once the process is completed, you will receive the final judgment through your personal account on our online platform. This judgment will include any decision made by the court regarding your Civil case.
In summary, our Civil Online Process offers you the convenience and flexibility of completing the entire procedure from the comfort of your home, without the need to visit our office or the courts (except for mandatory procedures). With access to your personal account on our online platform, you can upload documents, receive notifications, communicate with your lawyer, and track the progress of your case in real time. At MCHM Lawyers, we are committed to providing you with the best possible service throughout the Civil process.
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📍 For more information, do not hesitate to contact MCHM Lawyers. ✍️
⚓️ Patent, Utility Model, Innovation, Legal Protection, Invention, Registration, Exclusivity, OEPM, Industrial Rights, Novelty, Inventive Step, Industrial Applicability, Commercial Exploitation, Intellectual Property, Patent Application, Technical Improvement, Innovative Product, Entrepreneurship, Protected Technology, Commercial Value

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