From the Privileges and the Royal Conservatory of Arts and Crafts to the OEPM
The history of invention registration in Spain is a fascinating account of our country’s development, dating back more than 500 years: as early as 1478, so-called“invention privileges”were granted—titles bestowed by the King, who was advised in this matter by the Royal Council, a body composed of prominent members of the Court who possessed scientific or technical knowledge.
However, it was not until the 19th century that the two pillars underpinning our current protection system were established: a body that grants titles and a set of protection regulations.
The first foundations of our current Patent and Trademark Office were laid with the creation, in 1810, of the Royal Conservatory of Arts and Crafts, which, among other functions, was responsible for granting privileges and patents, just as was the case in revolutionary France. That Conservatory would undergo many changes and name changes until, in 1902, the Industrial Property Registry was established, followed in 1992 by the Spanish Patent and Trademark Office (OEPM).
First preserved privilege of invention, granted by Isabella the Catholic
The First Patent Protection Law: Royal Decree of 1826
On the other hand, with regard to legislation, although there are precedents in a Royal Decree from 1811, and even though the Constitution of 1812, “la Pepa,” recognized the protection of inventors in one of its articles, it was not until 1826 that the Royal Decree on Exclusive Privileges for Invention and Introduction was enacted, which is considered the first effective law in the field of patents in Spain.
In fact, the numbering of the patents currently held in the SPTO’s archives begins on that date, with the patent granted to the Frenchman Jean-Marie La Perriere on March 27, 1826, for a hand-powered mill.
First applicant at the OEPM: Jean-Marie La Perriere with a hand-powered mill (1826)
ELZABURU, Spain's oldest industrial property firm, is founded
In 1865, Julio Vizcarrondo opened an industrial property office in Madrid—one of the first of its kind in the country and, if we are not mistaken, the only one still in operation today. Years later, he would partner with his nephew, Francisco de Elzaburu Vizcarrondo, to lay the foundation for what is now ELZABURU.
With the new Patent Act, enacted on July 30, 1878, “invention privileges” were renamed “patents,” a term we still use today.
The Industrial Property Registry Is Here: A New Era in the Protection of Inventions
With the creation of the Industrial Property Registry in 1902 and the implementation of new regulations allowing for the registration of industrial designs, a new era in the protection of intellectual property began in Spain.
ELZABURU has continued to evolve and play a leading role in this field, consolidating its position as the country's leading firm in the protection of inventions.
All images were taken from the OEPM Historical Archive: http://historico.oepm.es/buscador.php
Elisa Prieto, Head of Knowledge Management at ELZABURU