Intellectual Property

Patent

From the INDESS in collaboration with the OTRI Office of the University of Cádiz, industrial property that is derived from research results generated by researchers in the area of project development that is carried out in the Research Institute. Particularly, required procedures for registration and maintenance of diverse industrial property licenses and their transference to the society in an optical manner.

  • Basic information
  • To apply for a patent
  • Laws for Patents

Basic Information

Requirements for patents

For an invention to be an object that can be patented, three requirements must be fulfilled:

  • Novelty

An invention is considered new when it is not covered within the state of the technic

  • Inventive activity

An invention involves inventive activity whether the invention is not in an evident manner a result of the state of the technic according to an expert in its field

  • Industrial applicability

An invention is considered as something that can be industrially applied when its object can be made in any kind of industry, including the agricultural one.

What cannot be patented?

What cannot be patented are:

  • Discoverings, scientific theories and mathematical methods.
  • Literary or artistic works or any other aesthetic creation, including scientific works.
  • Plans, rules and methods for intellectual activities execution, games or economic-business activities, including software.
  • Forms for presenting information.
  • Neither surgical or therapeutical treatments methods for humans or animals, nor diagnosis methods applied to humans or animals. On the contrary, products, especially substances or compositions and inventions of devices and instruments to put such methods into practice.
  • Inventions whose publications or exploitation are against public order or decency.
  • Vegetal varieties that can have recourse to regulations of the Law of 12th of March of 1975 about protection of vegetal obtainings.
  • Animal breeds.
  • Essentially biological, vegetal or animal obtaining procedures.

Forbidden elements

A patent application cannot contain:

  • Elements or drawings against public order and decency.
  • Denigratory declarations related to products or procedures from third parties or as a merit or validity of Patents, Utility Models or Patents or Utility Models from third parties. Simple comparisons with the state of the technic are not considered themselves as denigratory.
  • Elements clearly strange or superficial to the application.

Protection that a patent provides

A patent provides the right to hinder any person from making, offering, commercialising or using a product that is object of someone else’s patent, from the day in which its granted mention is published.

Applying for a Patent

Required documents

In order to obtain a patent, it is required to present the following documents at the OTRI Office:

Notification of Invention

It is vital for the suitable kind of protection to be carried out as well as for making an official request that will be made by OTRI staff.

Document of Notification of Invention

Descriptive Report

This Report will contain:

Description

The description will be written in the most possibly concise and clear form. Data will be included in it as follows:

  • Invention title.
  • Sector of the technique to which the invention is referred.
  • State of the technique before the date of its presentation. Precedents and respective references will be provided.
  • Explanation of the invention in a complete and clear manner, which will allow a comprehension of the technical explained problem as well as the solution to it, through making reference to advantages of the invention in reference with the previous state of the technique, if applicable, and which allow an expert to put it into practice.

It should contain:

If it is a device: Which are its essential parts?

If it is a product: What characterises it?

If it is a procedure: Which are their essential stages?

  • Description of drawings, if applicable.
  • Manner in which the invention has been made. Description of a manner for making the invention through providing details such as dimensions, concentrations, temperature, used equipment, …
  • Manner in which the invention can be industrially applied, except for the fact that it is derived in an evident form from the nature of the invention or the explanation of it.

Recognitions.

Recognitions define the object for which protection is applied.

They should be clear and concise and be based on the description.

They must contain:

  • A preliminary or introduction in which the object of the invention is indicated – which generally coincides with the title of the invention – and all other technical characteristics that are necessary for a definition of the potentially protected elements, in spite of them being known.
  • A part characterised by the expression “characterised by”, “in which the improvement covers”, “that consists of” or any other similar one, in which new technical characteristics that are desired to be protected are stated.

Drawings

    • Without any frame around
    • Figures must be correlatively numbered in Arabic numbers.
    • The same drawing sheet can contain several figures
    • Different figures must be preferentially shown vertically.
    • Strokes must be black, dense enough and inking, well delimited and colourless.

Summary

It must sum up the invention so that whoever that can red it would be able to understand the kind of invention that it is. It will contain a maximum of 150 words.

It will contain:

  • Invention title
  • Object of invention
  • Invention description
  • Applications, technical solutions that the invention provides.

It could be delivered in the OTRI offices at INDESS.

Patents laws

UCA Regulations

Patents Regulations of the University of Cadiz

Patents Politics of the University of Cadiz

National laws

Law 24/2015, of 24th of july, of Patents

Royal Ordinance 316/2017, of 31st of March, through which Regulations are approved for executing Law 24/2015, of 24th of July, of Patents

Internacional laws

Treaty of Cooperation with regard to Patents (PCT), of Washington (1970)

Regulations of Execution of the Treaty of Cooperation with regard to Patents

Treaty about Law of Patents (PLT) of 6th of November of 2013

Regulations about Law of Patents (PLT) of 6th of November of 2013

International Classification of Patents, of 24th of March of 1971