The Spanish Patent and Trademark Office (OEPM) has published its annual report, “The OEPM in Figures 2023,” providing a detailed overview of activities related to the protection of industrial property in Spain.

This report reflects significant growth in industrial property in Spain, highlighting a 10.4% increase in patent applications. There was also a 6.5% rise in utility models and an impressive 33.6% increase in industrial designs. Women inventors have a significant presence, particularly in the biotech sector.

These figures highlight the country's robust innovation activity and the growing importance of protecting intellectual property.

Inventions: Patents and Utility Models

Patents

In 2023, 1,455 patents were filed with the OEPM, a 10.4% increase compared to 2022. This increase is primarily due to the growth in the number of PCT applications in the national phase, which accounted for 18.2% of the total, compared to an average of 4.5% in previous years.

Patent applications include both national applications and those resulting from the entry into the national phase of a PCT application originating from WIPO.

Among the top 20 patent applicants, 17 are public institutions or universities, with the Spanish National Research Council (CSIC) once again leading the list with 50 applications.

The autonomous communities with the highest number of patent applications filed by residents were the Community of Madrid (24.7%), the Valencian Community (16.6%), and Catalonia (13.4%).

In terms of technology sectors, medical technology led the way, although the number of applications fell by 23.2%. Other notable sectors included furniture, gaming, and civil engineering, with a significant increase in engines, pumps, and turbines (55.6%).

The report includes gender-specific data, showing that 25.5% of patent applications are filed by female inventors, and that 63.5% of the patents filed had at least one female inventor. Female researchers are more prevalent in the biotech sector.

Utility Models

As for utility models, in 2023, 2,807 utility model applications were filed, a 6.5% increase compared to 2022, returning to levels seen before 2020 and 2021. Catalonia led with 17.7% of the applications, followed by the Community of Madrid (16.3%) and the Valencian Community (15.2%).

The sectors with the highest number of applications were Furniture and Games and Civil Engineering, with increases of 12.1% and 18.4%, respectively. The percentage of female inventors was 16.9%, which was lower than for patents, and 29.8% of the utility models filed had at least one female inventor.

Distinctive Signs: Trademarks and Trade Names

Brands

In 2023, 48,773 national trademark applications were filed (1,495 of which were filed by non-residents of Spain).

Among the top applicants, the Spanish Radio and Television Corporation stood out with 116 applications, followed by the Madrid City Council (63) and the Complutense University (49).

As in previous years, the largest number of trademark applications was filed under the class “Advertising; Commercial and Administrative Management” of the Nice Classification.

Trade Names

In 2023, 15,124 business names were registered, a 21.5% increase from 2022 and the highest number on record.

The Community of Madrid is where the most distinctive marks have been applied for.

Industrial Design

A total of 14,590 industrial designs were filed in 2023, a 33.6% increase from the previous year—a figure that stands out from the rest.

The regions with the most applications were Catalonia (22.4%) and the Valencian Community (19.8%).

The most active classes in the Locarno Classification were Clothing and Haberdashery, Graphic Symbols, and Ornaments.

This report highlights the importance of registering intangible assets and reflects the vitality and diversity of the industrial property sector in Spain.

China's accession to the Hague System for the International Registration of Industrial Designs is now a reality. 

Long awaited, China's accession to the Hague Agreement on the Protection of International Designs finally took place on February 5, 2022, meaning that the 1999 Act will enter into force in that country on May 5, 2022.

China's accession makes the Hague System more attractive to applicants seeking protection in numerous countries. The total number of member states in the system currently stands at 94, including the world's major markets.

Therefore, as of May 5, 2022, it will also be possible to obtain design protection in China through an international application for an industrial design under the Hague System. Applicants from China will find it easier to extend their designs beyond their own territory, and, at the same time, applicants from other countries will be able to more easily extend their designs to the Chinese market, one of the largest in the world in nearly every sector.

This provision does not apply to Hong Kong and Macao, where it will still be necessary to apply for design protection locally.

China's accession adds to the key benefits of the international registration, which are as follows:

• Centralization of the procedure and renewals with the International Bureau of WIPO.
• Payment of a single set of fees, which is usually more cost-effective than filing multiple national applications.
• Ease of managing changes to the account holder's name or address, as well as changes in account ownership.

Author: Pedro Saturio 

Designs in China (referred to as “design patents” in that country) are protected under the Patent Law of the People’s Republic of China [in English]. This law took effect in 1985 and was amended in 1992, 2000, and 2008.

On June 1, 2021, a fourth reform will take effect, introducing significant changes regarding industrial designs. Indeed, it had become necessary to update certain aspects of industrial design protection in China in order to, among other things, harmonize it with the industrial design protection systems of the world’s leading offices. This will facilitate the protection of foreign designs in China while also improving the protection of Chinese applicants’ designs in other countries and offices.

This reform must also be viewed in the context of China’s preparations to accede to the Hague System for the International Protection of Industrial Designs, since, following the accessions of the EUIPO, South Korea, the U.S., and Japan, China is the only one of the IP5 countries (which includes the world’s five leading patent offices) that has not yet acceded to it.

Nor should we overlook China’s global significance in terms of the number of design applications filed. In recent years, the CNIPA has by far been the patent office that has received the largest number of design applications. For example, in both 2018 and 2019, the number of annual design applications in China exceeded 700,000, accounting for more than 50% of all design applications worldwide.

The main changes that will affect designs in China can be summarized as follows:

1. Extension of the legal term of protection for designs to 15 years.

Article 42(1) of the Patent Law extends the term of protection from 10 to 15 years, always counting from the filing date of the design application in China.

This extension of the term of protection for industrial designs in China is based on the Hague Agreement, which requires Contracting States to provide a minimum term of protection of 15 years for their national industrial designs.

2. Possibility of design protection for parts of a product.

Article 2(4) of the Patent Act has been amended to include in the definition of “design” the possibility that it may refer to “the whole or a part” of a product.

This amendment allows the scope of protection for designs to be extended to partial designs or designs of a part of a product.

Under this new provision, for example, it will be possible to protect the design of a part of a product more effectively, without having to protect the design of the entire product. Currently, the entire product must be depicted with a solid line, but after the reform, it will be possible to show only the part to be protected with a solid line and those parts of the product for which protection is not desired with a dashed line.

It is also expected that this new option for protecting partial designs or parts of a product will encourage the filing of new design applications, thereby improving protection against potential infringers. In fact, following the reform, it will only be necessary to copy the protected part (for example, the sole of a shoe or the handle of a tool)—and not the entire product—in order to take legal action against potential infringements.

This provision will bring China's practices in line with those of the other IP5 countries, since protection for the parts of a product is currently available in all of them.

3. The possibility of claiming internal priority for designs.

Article 29(2) of the Patent Law introduces the possibility of claiming domestic priority from a prior design application in China, within a period of 6 months, in order to allow for an improved filing of a subsequent design application.

Under the current system, if an applicant files a design application in China and the design undergoes improvements or modifications, a new design application must be filed. If the improved design involves only relatively minor changes, the design application would be vulnerable due to the existence of the first application.

The introduction of the option to claim internal priority for designs in China avoids these drawbacks, since once a design has been created, the applicant may file an initial design application to obtain an earlier filing date and then improve the design within 6 months of filing the initial application, claiming priority.

In summary, the reform of the industrial design protection system in China represents a significant step forward that will help encourage innovation in the field of design and improve legal certainty. Other aspects that could be modified—such as expanding the possibility of multiple design applications, or conducting a substantive examination or a search for prior designs during the processing phase—have not been included. Perhaps they will be addressed in a future reform.

Author: Pedro Saturio

PEACE OF MIND is the guiding principle for any holder of industrial and intellectual property rights starting at midnight tonight—that is, when Brexit, the United Kingdom’s exit from the European Union, takes effect at 12:00 a.m. CET.

Despite the storm clouds that at one point in 2019 foreshadowed an abrupt exit of the United Kingdom from the EU, an agreement has finally been reached that, in addition to setting the terms for that exit, provides for a transition period that, in principle, will last until December 31, 2020, EU law will continue to apply in the United Kingdom. This transition period therefore applies to the Regulations governing the European Union trademark and Community designs, the Regulation governing border measures to combat commercial piracy, and the procedural Regulations applicable to the pursuit of legal actions, among others. It should also be noted that European patents will not be affected by Brexit, since the European Patent Convention, which governs the granting of such patents, is not part of the EU legal system.

The effects of Brexit on industrial and intellectual property rights and other related matters are therefore postponed until January 1, 2021.

ELZABURU se propone enviar durante los próximos meses circulares informativas sobre las consecuencias del Brexit en relación con solicitudes y registros de marcas de la Unión Europea y registros internacionales de marca que designen la UE; también sobre los efectos del Brexit en materia de dibujos y modelos comunitarios; en relación con variedades vegetales y nombres de dominio <.eu>; sobre las solicitudes de intervención aduanera; sobre los procedimientos judiciales en curso o por iniciar; sobre la falta de incidencia hoy por hoy en cuestiones relativas a la patente europea; sobre procedimientos de oposición, nulidad y caducidad de derechos, así como cuestiones relacionadas con la representación para actuar ante la EUIPO.

For now, the message is clear. From February 1 through the end of the transition period, scheduled for December 31, 2020, everything will remain the same in practice: procedures regarding trademarks, designs, and other intangible assets will continue to operate as they have to date.

If you have any questions, please contact brexit@elzaburu.es.

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