The key to patenting software: first solve the problem, then write the code

The Spanish legal system does not consider computer programs to be inventions as such, so that, in itself, software is not patentable. However, inventions implemented using a computer, this is, computer programs that solve a technical problem can be registered as patents. Therefore, the key to registration is the ability to demonstrate that executing the […]

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During lockdown applications for utility models to stop viruses grew in Spain

During the state of emergency, at least 110 applications for utility models were filed for products related to the fight against the pandemic. For individuals and small and medium-sized companies, utility models are an attractive way of protecting rights given the speed at which such applications are processed. The COVID-19 crisis led Spain to declare […]

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COVID-19 and the compulsory licensing of patents

In the context of the COVID-19 pandemic, countries may review their internal legislation on compulsory licensing of patents for medical products so that it can be granted smoothly and speedily, in case it does become a necessity. As the world eagerly awaits any and all developments in therapeutics and vaccines to treat and prevent COVID-19, […]

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How to protect innovation in the cosmetics industry: patents, utility models or trade secrets?

The cosmetics industry in Spain is a clear example of innovation and competition. According to the Spanish Cosmetics, Toiletries and Perfumery Association (STANPA), Spain generates around 36% of the industry’s European patents. Companies in this field invest between 3.4% and 5% of their turnover in R+D+i, a percentage that is well above that of other […]

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Further setback for the cosmetic industry regarding protection of personal hygiene products

A recent decision of the Examination Division of the European Patent Office has highlighted the importance of the need for creativity when drafting patents in the cosmetic sector in order to circumvent the prohibition on patenting methods of use for this type of product. The cosmetic industry, which includes personal hygiene products, is one of […]

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New setback for DABUS: An artificial intelligence system cannot be an inventor

Both the European Patent Office (EPO) and the US Patent and Trademark Office (USPTO) have refused the first patent applications designating an artificial intelligence (AI) system, called DABUS, as an inventor, considering that only a natural person can be an inventor. DABUS (device and method for the autonomous bootstrapping of unified sentience) is an artificial […]

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