Patenting software is a recurring issue for innovative companies, tech startups, and legal professionals who develop digital solutions. The legal framework in Europe is not intuitive, in part because patent laws were conceived long before the advent of computing and have had to adapt on the fly to its emergence and adoption across various technological fields.

Both at the European level and in Spain, the patentability of software is governed by increasingly clear criteria established and applied by the European Patent Office (EPO) and the Spanish Patent and Trademark Office (OEPM). Understanding these criteria is essential for developing an effective and legally sound protection strategy.

Can software be patented under European law?

Both European and Spanish regulations are based on a fundamental principle: computer programs, as such, are not patentable. This means that the source code of a program is excluded from patent protection.

Furthermore, even if a program runs on a computer, that does not automatically mean it can be considered an invention under patent law.

What Can Be Patented?

However, the fact that software “as such” is not patentable does not mean that every software-related invention is automatically excluded.

According to European and Spanish patent practice, a “computer-implemented invention” (CII) is one that involves the use of a computer, computer network, or other programmable device, and in which at least one feature is carried out by means of a computer program.

Both patent offices consider computer-implemented inventions to be potentially patentable if they have at least one feature that produces an additional technical effect.

The additional technical effect as a key criterion for patentability

One of the key concepts in determining whether a software-related invention is patentable is what is known as the “additional technical effect.”

For the purposes of the EPO and the OEPM, an invention has “additional technical effect” when the execution of the program produces a technical result that goes beyond the normal operation of a computer. It is not sufficient for the software to run on a physical system, nor for the inevitable electrical effects associated with any data processing.

However, there is currently no definition as such of what constitutes “technical character.” In light of the uncertainties that have arisen, both patent offices have gradually provided various specific examples in an effort to clarify this concept.

For example, we now know that the following actions would indeed be of a technical nature:

• enhancement or analysis of digital audio, images, or video,
• inspection of a car's braking system,
• key generation in a cryptographic system, encryption/decryption, or the signing of electronic communications.

Although this has shed some light on the issue, the patentability of this type of invention must be evaluated on a case-by-case basis, so we recommend consulting a professional.

What Is Not Patentable When It Comes to Software

According to the established practice of the EPO and the OEPM, the following are excluded from patentability when claimed as such:

• Computer programs,
• Algorithms and mathematical methods,
• Business or economic methods implemented through software,
• Abstract ideas that are not technical in nature.

Furthermore, the mere computerization of a known process or the automation of a business activity does not confer sufficient technical character to qualify for patent protection.

General Requirements for Patenting Software-Related Inventions

Even when a computer-implemented invention has a technical character, it must meet the general requirements for patentability, which are common to any other type of invention:

• Novelty, as compared to the prior art.
• Inventive step—that is, the solution must not be obvious to a person skilled in the art.
• Industrial application, in the broadest sense.

Furthermore, when assessing inventive step, only the technical aspects of the invention are taken into account, excluding non-technical elements.

Patents and Other Forms of Software Protection

It is worth noting that, regardless of their patentability, computer programs are protected by copyright from the moment they are created.

This protection:

• It depends on the program's form of expression,
• It does not protect the underlying technical idea,
• And it is distinct from and complementary to patent protection.

Therefore, the choice between a patent, copyright, or other legal instruments must be made on a case-by-case basis, taking into account the nature of the innovation and the company's strategic objectives.

Can software be protected as a trade secret?

Yes. In addition to patents, many companies choose to protect software-related developments through trade secrets, especially when early disclosure of the innovation could compromise patentability requirements such as novelty. Trade secrets encompass confidential information or know-how that is not publicly known and that provides a competitive advantage, provided that reasonable internal protective measures are taken to maintain such confidentiality.

This approach can serve as a complementary or alternative tool to a patent. Before filing a patent application, protecting technical information as a trade secret helps prevent the invention from being made public prematurely and jeopardizing the novelty required by patent law.

Similarly, after filing a patent application, some of the knowledge associated with the software (internal procedures, additional optimizations, implementation practices, etc.) can remain confidential, thereby extending the strategic protection of the asset.

It is possible to patent software in Spain and Europe, but only in specific cases, when the program is part of a genuine technical solution. The line between what is patentable and what is excluded is not always clear and requires specialized legal and technical analysis.

At Elzaburu, we have extensive experience advising innovative companies on software patents and intellectual property protection strategies, including the complementary use of tools such as trade secrets.

If your company is developing a technology solution and would like to evaluate the best way to protect it, our team is here to provide you with expert advice tailored to your needs.

Juan de Justo, Associate in the Patent Practice Group at Elzaburu

On November 12, 2025, WIPO published its latest annual report on global intellectual property indicators—*World Intellectual Property Indicators 2025* (WIPI 2025)—in which the number of intellectual property (IP) applications worldwide reached record levels.

Some of the most notable figures:

• Patent applications saw strong growth: 3.7 million applications, a 4.9% increase compared to 2023. This marks the fifth consecutive year of growth.
• Applications for industrial designs also increased: by 2.2%, to approximately 1.6 million.
• As for trademarks, the trend has stabilized after two years of decline: the global total remained virtually unchanged, with 15.2 million classes applied for in 2024 (a change of –0.1%).

These figures demonstrate the enduring importance of intellectual property as a driver of economic growth and innovation, especially in a competitive global environment.

A Special Focus on Patents: Indicators of Global Innovation

We would like to highlight the patent data from WIPI 2025 and its significance as an indicator of innovation. The long-term trend has been consistently upward, as shown in the graph. However, between 2010 and 2024, applications nearly doubled, rising from 2 million to 3.7 million.

This all-time high of 3.7 million patent applications worldwide is driven primarily by increases in applications in countries such as China, India, the Republic of Korea, and Japan. The graph shows how, for years, the United States was the leading patent filing office. In the 1970s, Japan experienced rapid growth; however, since the 2000s, the trend has been downward. China has surpassed the European Patent Office and now receives the largest number of applications worldwide.

But let's take a closer look at the requests:

• International applications for “unique inventions” (that is, “original” patents, not divisions or variations) doubled between 2008 and 2022.
• As for technology sectors, in 2023 (the most recent year for which detailed data is available), computer technology accounted for the largest share of applications— 13.2% of the total —followed by electrical machinery, measurement, digital communication, and medical technology.
• In particular, over the past decade, the fields that have seen the most growth have been computer science (+10.3%), and digital measurement and communication have also grown significantly.
• Another key indicator: the total number of active patents worldwide rose to approximately 19.7 million in 2024, a 6% increase from the previous year.

These data confirm that innovation—as measured by the patent applications it has generated—continues to expand globally, and that technological transition, particularly in fields such as computer science, digitization, and medical technology, remains a key driver of innovation.

What about Spain? What we know from its patents

In 2024, Spain filed 8,282 patent applications, representing a 1% increase over the previous year. With that figure, Spain ranked 24th worldwide according to the WIPO Innovation Indicator.

In terms of trademark applications, Spain posted better results, ranking 16th with a total of 136,476 in 2024—a 5.3% increase from 2023.

In short, the strong growth in industrial property applications in 2024—and especially in patents—reaffirms that innovation remains a global priority, and that companies, researchers, and entrepreneurs continue to view IP protection as a strategic tool for competitiveness.

Juan de Justo, European Patent Agent in the Patent Department at ELZABURU

In 1865, significant advances were made in various fields of knowledge and technology. Some of these went unnoticed at the time, while others marked the beginning of business ventures that are now global leaders. Elzaburu was founded that same year, at a time when science, industry, and culture were beginning to organize themselves around the protection of innovation.

In this article, we highlight ten milestones that occurred in the same year our firm was founded and that have played a significant role in shaping what we now understand as industrial and intellectual property.

1. Mendel's Laws: Genetics Ahead of Its Time

In 1865, Gregor Mendel presented his studies on genetic inheritance. Although his conclusions were not recognized until decades later, his experiments laid the foundation for modern biotechnology, a field that today generates thousands of patents each year. They serve as a clear example of how scientific knowledge takes time to be valued and protected.

2. Joseph Lister and Surgical Antisepsis

That same year, British surgeon Joseph Lister began using carbolic acid (phenol) to sterilize instruments. His technique reduced postoperative infections and transformed medicine, paving the way for the protection of medical and pharmaceutical innovations. Antisepsis marked the beginning of a new era in surgery, and its application led to patentable developments in the hospital setting.

3. Maxwell's Equations: Applied Science

In 1865, James Clerk Maxwell formulated the equations that unified electricity, magnetism, and light. This theoretical breakthrough led to technologies such as radio, television, and telecommunications, all of which are protected by intellectual property rights. Fundamental physics, in this case, became the foundation for numerous industrial sectors that continue to evolve today.

4. Alfred Nobel and Nitroglycerin

In Sweden, Alfred Nobel founded his first nitroglycerin factory. Two years later, he would invent dynamite. His career illustrates how a scientific discovery can become a protected and commercially viable innovation. Furthermore, his legacy was cemented in the field of intellectual property with the creation of the Nobel Prizes, which recognize scientific and literary excellence.

5. The Elevator and Vertical Architecture

In 1865, the installation of elevators in office buildings began to become widespread, following the development of the safety brake by Elisha Otis. This technology transformed urban design and enabled the vertical growth of cities. Its technical evolution has been accompanied by numerous engineering developments that have been subject to industrial protection.

6. The Railroad as a Driver of Patents

That same year, the railroad network continued to expand in both Europe and the Americas. In Spain, connections between Madrid and cities such as Barcelona, Valencia, Seville, and Lisbon were being consolidated. This infrastructure, which transformed mobility and trade, relied on thousands of technical innovations protected by patents: from locomotives to signaling systems and track materials. The railroad is a clear example of how industrial property has been a driving force for progress in strategic sectors.

7. The Origins of Nestlé

In 1865, Henri Nestlé developed a formula for infant nutrition that led to the founding of the Nestlé company. Today, the company is a global leader in brand management, with a solid strategy for protecting its corporate identity. Its evolution demonstrates how a well-established brand can remain relevant for more than a century and a half.

8. Alice in Wonderland

That year, Lewis Carroll published *Alice in Wonderland*, a work that became a classic of children’s literature. Its success demonstrates the value of copyright in the dissemination and protection of creative works. Intellectual property rights have made it possible for this work to be adapted, translated, and marketed in multiple formats and territories.

9. The Transatlantic Telegraph Cable

In 1865, the first telegraph cable between Ireland and Newfoundland was successfully laid. This technical feat revolutionized communications and led to patents in telegraphy, marking the beginning of global connectivity. The transmission of real-time messages between continents was the seed from which the networks that underpin today’s digital economy grew.

10. The Bessemer Process and Modern Steel

The Bessemer process became established in 1865, enabling the mass and efficient production of steel. This innovation was protected by patents and became the foundation for major infrastructure projects and industrial developments. Steel facilitated the construction of bridges, trains, factories, and buildings, and remains a key material in contemporary engineering.

Elzaburu: a company born out of the same innovative environment

As these advances were taking place, Elzaburu was founded. Since then, we have worked alongside inventors, authors, and companies to protect their creations. Sharing our founding year with so many significant milestones reinforces our commitment to protecting the things that transform the world. Industrial and intellectual property not only preserves the value of ideas but also drives their development and application.

Elisa Prieto, Head of Knowledge Management at Elzaburu

The centennial celebration of the Hague System for the International Registration of Industrial Designs marks a historic milestone that invites us to reflect on the evolution of design, its economic significance, and its role as a driver of business competitiveness. Over the course of a century, this system, administered by WIPO, has enabled creators and companies to protect the appearance of their products in multiple markets through a single procedure, fostering a global ecosystem of innovation, beauty, and utility.

A Century of Protecting Creativity: Background on the Anniversary

The Hague System was established in 1925 with the goal of providing a simplified way to protect designs across national borders. The earliest applications—such as fabrics for women’s hats—stand in stark contrast to today’s registrations of graphical user interfaces, robots, and electric vehicles. Over the years, the system has grown from 11 initial signatories to 82 member states and intergovernmental organizations from 99 countries.

Today, the numbers speak for themselves:

• More than 2 million industrial design registrations since the system was established.
• In 2024 alone, there were 27,161 applications, an increase of nearly 7% compared to 2023.
• A key economic indicator: In 2024, investment in design exceeded 685,000 million USD in the U.S., the U.K., and the EU.

Over the past 100 years, the system has evolved with new regulations, technological advancements (such as electronic filing), geographic expansion, and the participation of design powerhouses such as the U.S., China, South Korea, and Japan. New types of designs—particularly digital ones—have also been incorporated, reflecting how the traditional concept of “product appearance” has expanded to include, for example, graphical user interfaces (GUIs).

Industrial Designs That Defined an Era: Six Iconic Examples

To celebrate this centennial and highlight the impact of design protection, professionals from Elzaburu’s Industrial Design Department analyze iconic objects for which industrial design protection has been key to their legacy.

1. Playmobil Figures — Paloma Querol

Playmobil’s design has remained virtually unchanged since its inception. Its formal simplicity (rounded head, permanent smile, standardized proportions) is the foundation of its success. Industrial design protection has been essential to safeguarding a recognizable aesthetic that has spanned generations and spread to dozens of countries. As Paloma Querol points out, it is a prime example of how a minimalist design can support an infinite creative universe.

2. Piaggio Vespa Scooter — Pedro Saturio

Pedro Saturio highlights the Vespa as an example of design that transcends function. Inspired by postwar urban mobility, its “wasp-like” silhouette, self-supporting frame, and accessible handling made it a cultural icon. The protection of its industrial design has been essential to preserving its identity in the face of imitations in a highly competitive market.

3. Swiss Army Knife — Manolo Mínguez

Manolo Mínguez explains that the Swiss Army knife stands out for its industrial design focused on functionality. Its elongated and compact shape—designed to house multiple tools within a single, small-volume body—and its folding structure have made this object a benchmark in utilitarian design. Protection as an industrial design has been essential to preserving this characteristic configuration against products that have attempted to replicate its technical solution and overall appearance.

4. Sony PlayStation — Bosco de la Vega

Bosco de la Vega highlights Sony’s first PlayStation as an example of how industrial design can define an entire product category. Launched in 1994, its external design—the flat rectangular shape, the disc positioned in the center, and the distinctive button layout—helped create a consistent and recognizable user experience in a rapidly expanding market. Its protection as an industrial design has helped solidify the console’s visual identity and preserve an appearance that, over time, has become a cultural icon.

5. Xiaomi Electric Scooter — Ruth Sánchez

The rise of micromobility has made the electric scooter an everyday item. The Xiaomi Electric, registered in 2019, stands out for its sleek design, clean lines, and portability. As Ruth Sánchez points out, protecting these types of designs is essential given the rapid emergence of competitors and constant technological evolution.

6. Birkenstock Arizona Big Buckle Sandals — Sara Navarro

Sara Navarro highlights the importance of design in traditionally functional products. The Arizona Big Buckle model combines ergonomics, sustainability, and a distinctive style thanks to its iconic oversized buckle. Its registration as an industrial design has helped establish a recognizable aesthetic and protect the investment in comfort and brand value.

A century later, industrial design remains essential

After a century of history, the Hague System demonstrates that the protection of industrial designs does more than just preserve a product’s external appearance: it drives innovation, protects investment, strengthens brands, and enables competition in global markets.

In an environment where visual differentiation is more strategic than ever, having a protected design makes the difference between leading the way and falling behind.

At Elzaburu, we have a team specializing in industrial design that advises on the best ways to register, protect, and defend your creations in the various markets where your company operates.

A regulatory change that modernizes the filing of inventions

Effective October 1, 2025, the European Patent Office (EPO) will allow color and grayscale figures to be included in electronic patent applications. This regulatory change represents a significant step forward in the digitization of patent procedures, facilitating a more accurate and visually clear representation of inventions.

Until now, the regulations required that all figures be submitted in black and white, even in cases where color was essential to illustrate technical aspects. Under the new measure, combinations of color, grayscale, and black-and-white figures will also be accepted, providing applicants with greater flexibility.

Why is this change significant?

Drawings are an essential element in the description and understanding of an invention, especially in those fields of technology where visual representation—and, more specifically, thecolor component—is crucial to understanding the proposed technical solution.

This change thus provides greaterflexibility for applicants who, until now, could only file patents with black-and-white drawings. However, this new option comes with certain limitations and recommendations that should be taken into account.

What about international applications (PCT)?

It is important to note that this new optiondoes not apply to international applicationsfiled under the Patent Cooperation Treaty (PCT). Although it is possible to include color or grayscale figures in a PCT application, these will be converted to black and white upon international publication, in accordance with the provisions of the PCT system.

However, when an international application is filed electronically, the International Bureau retains the original version in color or grayscale. This version will be available to both the public and national or regional offices through thePATENTSCOPE platform, and the cover page of the publication will indicate whether this version is accessible.

ForEuro-PCT applicationsthat enter the European phase on or after October 1, 2025, the examination of the application will be based on color or grayscale drawings, provided that they are available in PATENTSCOPE and that the international publication expressly states this.

Technical and Legal Recommendations for Applicants and Professionals

This regulatory change introduces new considerations that applicants and industry professionals must take into account.Patent agents must be thoroughly familiar with the technical details of submitting color or grayscale figures, especially when these figures are submitted in the electronic formats required by the EPO.

The technical quality of the figures will also be another determining factor, since an incorrect or inadequate presentation can affect both the technical understanding of the invention and its legal protection.

In addition, it is recommendednot to refer in the text(description, claims, or abstract) to specific color characteristics of the figures, such as “yellow” or “cream.” This is because color specifications cannot always be identified objectively and unambiguously, which could lead to legal ambiguities.

Modified figures and omitted elements: What are the limits?

The option to file color drawings also applies toelectronic amendmentsmade on or after October 1, 2025. However, these must comply with the conditions set forth in Article 123(2) of the European Patent Convention (EPC) regarding added matter.

Figures that have been modified in response to an objection may contain color or grayscale content only to the same extent as the original figures submitted.

Similarly, in the case of omitted elements or corrected figures, applicants must ensure that these correspond exactly to the content and format of the figures in the priority application. If the original figures were submitted in black and white, any corrected or omitted figures must adhere to that format.

What implications will this have for the validation of European patents in Spain?

Once the European Patent Office has granted and published a European patent containing drawings in color or grayscale, the Spanish Patent and Trademark Office will require the applicant seekingvalidation of that European patent in Spain to ensure that the Spanish translation includes the drawings in color or grayscale.

The EPO’s decision to allow color and grayscale figures in electronic applications marks a milestone in the evolution of the European patent system. This measure not only improves the quality of technical disclosure but also poses new challenges for applicants and industry professionals, who will need to adapt their filing strategies and ensure compliance with the applicable technical and legal requirements.

At Elzaburu, we have a team specializing in European patents that can help you prepare your application in accordance with the EPO's new requirements.

Ruth Sánchez, Partner in the Patent Practice at Elzaburu and European Patent Attorney.

The evolution of medicinal remedies into the modern pharmaceutical industry is closely linked to the development of intellectual property, the protection of inventions, and the consolidation of regulatory systems that are now essential to public health. Throughout the 19th and 20th centuries, the concept of a medicine evolved from an advertising claim with no scientific basis into a regulated product, backed by patents, clinical evidence, and institutional oversight.

“Patent Medicines”: Brands Without Scientific Backing

During the second half of the 19th century, rapid urban growth, precarious working conditions, and poor sanitation created an environment conducive to the spread of epidemics. Against this backdrop, the public, desperate for solutions, turned to so-called “patent medicines.”

Despite their name, these products were not pharmaceutical patents in the modern sense. In reality, they were registered trademarks under which supposedly curative remedies were marketed, without undergoing any quality control or verification of efficacy. Manufacturers protected the name and the secrecy of the formula through trademark registration, which allowed them to operate indefinitely as long as they paid the corresponding fees.

Most of these formulas contained alcohol, opioids, and other ingredients of questionable safety, and they were sold over the counter—even to children, pregnant women, and the elderly. The consequences were inevitable: cases of poisoning, serious side effects, and even deaths.

In the following video, Elisa Prieto (Head of Knowledge Management at Elzaburu) summarizes how Patent Medicines came to be and why they captivated the public; their pioneering role in the widespread use of advertising; and how regulation and science put an end to these “miracles” from the apothecary.

First Steps Toward Health Care Regulation

Growing concerns about public health prompted medical associations and authorities to take action. Healthcare professionals began to reveal the true composition of these products and the risks they posed, while regulatory agencies developed regulations that required authorization procedures for the marketing of drugs.

By the 1920s, most patent medicines had disappeared, giving way to a more transparent healthcare model based on scientific research.

Consolidation of the Pharmaceutical Industry and the Patent System

The disappearance of “patent medicines” marked the beginning of a completely different era: the industrialization of medicine. For the first time, scientific research and the protection of inventions through pharmaceutical patents took center stage in production. As a result, medicines ceased to be artisanal preparations and came to be produced using standardized and controlled processes.

The ELZABURU historical archives contain significant examples of this transition:

Eno Fruit Salts

Created by James Crossley and registered in Spain in the late 19th century, they were originally developed as a multipurpose remedy. Over time, they evolved into a well-established antacid product in the GSK pharmaceutical catalog, with a global presence.

Coca-Cola: From Medicinal Tonic to Global Icon

Formulated in 1886 by pharmacist John Stith Pemberton, Coca-Cola was initially marketed as a “patent medicine” intended to relieve headaches and digestive problems. Today, with no therapeutic claims, it is one of the most recognizable beverages on the planet.

Salicylic Acid and the Birth of Aspirin

In 1884, German chemist Friedrich von Heyden obtained one of the first patents for the industrial production of salicylic acid, a derivative of willow bark with analgesic and antipyretic properties. Later, in 1890, the Bayer company registered the patent for diquinoliline in Spain, helping to establish a model for reliable and standardized medications.

Ceregumil: Tradition and Modernity

In 1907, pharmacist Bernabé Fernández developed Ceregumil, a nutritional tonic designed to improve digestion, made from grains, legumes, and honey. Registered as a trademark in 1911, the company has expanded internationally and today offers modern dietary supplements tailored to today’s needs.

In addition, the archives contain historical records from other pioneering brands, such as Listerine, Merck, Wellcome, and Glaxo, which helped shape the pharmaceutical industry in the 20th century.

Industrial Property as a Driver of Pharmaceutical Innovation

The shift from unproven advertising remedies to regulated medications was made possible by a combination of three key factors:

1. Rigorous scientific research: Clinical trials have demonstrated the efficacy and safety of these medications.
2. Patent protection: It ensured investment in development and competitiveness in the market.
3. Robust health regulations: These established standards for quality and transparency that bolstered consumer confidence.

The social change brought about by this model led society to move beyond “miracle cures” and demand precisely what we now recognize as the fundamental pillars of pharmaceutical innovation: safe and effective medicines, protected by intellectual property rights and backed by responsible health regulations. Today, although the sector has made progress, these principles remain essential and ensure that innovation is sustainable.

Elisa Prieto, Head of Knowledge Management at Elzaburu

Do you have an innovative idea and want to protect it legally? This guide explains everything you need to know about patents, both in Spain and internationally: what can be patented, the steps involved in filing a patent application, the differences between patents and other forms of protection such as utility models and trade secrets, and much more.

What is a patent, and what is it used for?

A patent is a technical and legal registration that grants the exclusive right to an invention within a jurisdiction. It allows the patent holder to prevent third parties from manufacturing, using, or selling the invention without authorization for a limited period of 20 years.

A patent provides protection for technical solutions to specific problems: new products, processes, devices, or uses.

It is a key legal instrument for promoting innovation and protecting investment in technological development.

Where can an invention be patented?

It depends on the geographic area for which protection is sought.

A patent is a right granted in a specific jurisdiction, with either national (Spain, France, the United States, China, etc.) or regional (Europe) registries.

What can and cannot be patented in Spain?

For an invention to be patentable, it must meet three fundamental requirements:

• Novelty: that it has not been previously disclosed in the prior art.
• Inventive step: degree of obviousness to a person skilled in the art.
• Industrial application: something that can potentially be manufactured or used in an industry.

The following are not considered inventions and, therefore, cannot be protected by a patent:

• Abstract ideas without technical elaboration.
• Discoveries, scientific theories, and mathematical algorithms in and of themselves.
• Plans, rules, and methods for games or economic and commercial activities
• Computer programs “as such.”

In addition, there are exceptions to patentability, such as:

• Inventions that violate Spain's moral or legal principles.
• Plant varieties or animal breeds
• Medical or surgical treatment methods.

 How do you patent an idea in Spain?

As previously noted, an abstract idea does not constitute an invention. What is patented is a specific invention—that is, a technical embodiment of the idea.

If you haven't yet developed your invention but want to protect confidential information, you can rely on a trade secret.

Once a specific invention has been defined, the process of filing a patent application with the OEPM can begin.

How to Patent an Invention Step by Step in Spain?

1. Determine the patentability of the invention

Before beginning the process, it is advisable to verify whether your invention is patentable (based on the requirements of novelty, inventive step, and industrial applicability) and to conduct a prior art search to determine whether your invention has already been disclosed or protected by third parties.

2. Prepare the technical documentation

A description of the invention must be prepared, in which the invention to be protected is disclosed and claimed.

The technical and legal drafting of a patent is essential for the proper processing and protection of the invention. We recommend working with an intellectual property attorney to avoid errors that could limit the scope of protection.

3. Submit the application

The application must be filed with the OEPM along with proof of payment of the corresponding fee.

4. Ex Officio Examination and Issuance of the Prior Art Report (IET)

After verifying that the documentation is in order (ex officio review) and upon payment of the applicable fee, the official office will prepare the Report on the State of the Art (IET).

This report analyzes whether there are any similar inventions and provides a preliminary written opinion on the requirements of novelty, inventive step, and industrial applicability, including any technical or formal objections that must be addressed if you wish to proceed.

5. Official Publication of the Application

Eighteen months after the filing date, your application will be published in the Official Industrial Property Bulletin (BOPI) and in the European Documentation Center (CEO) database.

From that moment on:

• You have 3 months to apply for the Substantive Exam and pay the fee.
• The information is made public.
• Any third party may file comments regarding the patentability of your invention.

6. Substantive Review

After the applicable fee has been paid, the OEPM conducts a thorough analysis of the technical and legal aspects of the application.

If any objections are identified, you have 2 months from the publication of the substantive examination in the BOPI to address them. Generally, there may be between 1 and 3 exchanges with the Office during the substantive examination until the application is finalized.

7. Patent Decision and Grant

If everything is in order, the OEPM will issue a grant decision, and your patent will be registered.

After the patent is granted, there is a 6-month period during which third parties may file an opposition if they believe the patent does not meet the legal requirements. If there is no opposition (or if it is dismissed), the patent becomes fully yours, with a term of 20 years, renewable upon payment of an annual fee.

 What if I want to protect my patent in Europe or worldwide?

If you are interested in obtaining protection outside of Spain, unfortunately there is no such thing as a global patent that protects an invention in every country; rather, you must seek protection individually in each country of interest, where the procedures and requirements vary substantially from country to country.

If you are seeking protection in several European countries, you can file a patent application with the European Patent Office (EPO). Once granted, you must validate the patent in each country where you want it to take effect (unless you choose the unitary patent system system, which would already grant you protection in the participating countries).

Alternatively, if you plan to protect your invention in several countries outside Europe, you can use the PCT (Patent Cooperation Treaty) system, administered by the WIPO. This system allows you to initiate the process in many countries with a single international application, which is subsequently processed individually in each of the territories of interest for the grant of a patent.

European patents (filed with the EPO) and international applications (filed through the PCT system) follow different procedures, each with specific technical requirements, deadlines, and fees.

In such cases, it is even more important to seek professional advice in order to determine the best protection strategy and comply with the requirements in each jurisdiction.

What is a unitary patent?

The unitary patent is a European registration that allows applicants to obtain a single patent valid in several European Union countries through a single application. This system took effect in June 2023 and is administered by the European Patent Office (EPO).

This is an interesting approach, but the decision to apply will depend on our commercial, technological, and territorial strategy. In this article , we analyze the advantages and disadvantages of the unitary patent compared to the traditional patent validation system.

It is important to note that Spain is not part of the unitary patent system; therefore, if you wish to obtain protection in Spain, you must file a separate national validation application.

What are technical validations and translations in Europe?

When a European patent is granted, a three-month period begins during which validate it in each country where protection is sought. Through this process, the European patent becomes legally valid in the relevant territories, allowing the owner to exercise their rights in those markets.

This means:

• Submit translations (full or partial) of the patent, depending on the country.
• Pay the national fees.
• In some cases, appoint a local representative.

How long does a patent last?

A patent is valid for 20 years from the date the application is filed, provided that the annual maintenance fees are paid.

It cannot be renewed or extended beyond that period, except in specific cases where an additional registration— supplementary protection certificates (SPCs)— may be requested for pharmaceutical or plant protection products.

Differences Between a Patent and a Utility Model

What is the difference between a patent and a trade secret?

Can software be patented?

Software as such is not patentable in Spain and Europe. However, if it is part of a technical invention , it can be protected by a patent.

Frequently Asked Questions About Patents

Can I patent an idea without developing it?

No. Ideas must be embodied in a technical form to be patentable. However, the technical embodiment does not need to be fully developed, and a patent may be applied for even if the invention is still in its early stages.

What happens if someone has already patented or disclosed something similar?

Your application may be rejected. It is highly recommended that you conduct a background check before applying for registration.

How long does the patent process take?

In Spain, the process can take between 18 and 36 months, depending on the type of exam and the complexity of the case.

Does a patent protect me worldwide?

No. Patents are territorial; there are national patents (Spain, the United States, China, etc.) and regional patents (Europe).

How long does a patent last?

20 years, provided that the annual maintenance fees are paid.

At Elzaburu, we advise inventors, startups, universities, and large companies throughout the entire process of patent protection, enforcement, and strategic management, both nationally and internationally.

David Hidalgo, Junior Associate in the Patent Practice at Elzaburu.

Since its launch on June 1, 2023, the Unified Patent Court (UPC) has brought about a change in the resolution of patent disputes in Europe. Two years after it began operations, the European judicial system for industrial property has undergone a significant transformation that continues to raise questions about its territorial scope and practical implications.

One of the issues that has generated the most interest is the potential impact of TUP decisions on countries that are not part of the EU system, such as Spain.

What is the Unified Patent Court?

The Unified Patent Court (UPC) is a specialized judicial body with jurisdiction over cases concerning the validity and infringement of European patents. It operates in all European Union countries that have signed and ratified the Agreement on the Establishment of the Unified Patent Court (UPCA), within the framework ofthe Treaty on Enhanced Cooperation(a mechanism provided for under Community law).

The implementation of the UPC has gone hand in hand with the creation of a new type of industrial property right: the European Patent with unitary effect, or Unitary Patent. Once granted by the European Patent Office (EPO), this patent has automatic legal effect in all countries participating in the unitary system, without the need for subsequent national validation.

Differences Between the Unitary Patent and the Traditional European Patent

A conventional European patent must be validated on a country-by-country basis after it is granted in order to become a national patent in each of the territories that are signatories to the European Patent Convention (EPC) and, thus, take effect in the territories where protection is sought.

With the Unitary Patent, on the other hand, patent holders can opt for a single title providing simultaneous territorial coverage in the member states that have ratified the UPC Agreement, which simplifies the administrative and legal costs of maintaining and protecting the patent.

Jurisdiction of the TUP: To Which Cases Does It Apply?

The UPC has jurisdiction, in the territories that have ratified the Treaty for its protection, over both unitary patents and traditional European patents, unless the latter have been expressly excluded through the opt-out mechanism (this exclusion must be requested voluntarily before the UPC).

It should be noted that the TUP is not a court that forms part of the official institutions of the European Union. It is a national court, with the distinctive feature that it has concurrent jurisdiction in all countries that have ratified the relevant treaty.

However, like any other court in EU countries, it is subject to the authority of the Court of Justice of the European Union (CJEU), particularly with regard to matters involving the interpretation of European law.

Spain is not immune to the effects of the TUP

Spain did not accede to the Treaty on Enhanced Cooperation, nor has it signed the treaty establishing the Unified Patent Court. Consequently, European patents validated in Spain are, in principle, governed by the traditional system, and cases concerning their validity or infringement fall under the jurisdiction of the Spanish courts.

However, this does not mean that the TUP’s decisions cannot have effects in Spain. Like any national court in the EU,the TUP also has the authority to issue judgments and initiate proceedings whose effects extend beyond the borders of the countries that are parties to the TUP Treaty. This is due to Regulation (EU) No. 1215/2012 (known as the Brussels I Regulation) on the mutual recognition, within the EU, of judgments issued by the courts of any EU member state.

Practical example: interim measures with effect in Spain

Let’s imagine that Company A holds a European patent that has been validated both in Spain and in several European countries that are part of the UPC system. Meanwhile, Company B, headquartered in one of the countries participating in the UPC system, markets a product both in those countries and in Spain.

Company A believes that such marketing could infringe its patent in all of those countries, including Spain. Therefore, it decides to file an infringement lawsuit with the TUP, requesting preliminary injunctions to halt Company B’s marketing of Product X.

If the TUP grants injunctive relief in favor of Company A, that ruling could also be enforced in Spain. This would lead the Spanish courts to enforce the corresponding injunctive relief order in Spain, without prejudice to the fact that the decision on the merits of the case (whether or not an infringement occurred on Spanish territory) falls exclusively within the jurisdiction of the Spanish courts.

It should be emphasized that, even though Spain is not a party to the Treaty on Enhanced Cooperation and has not signed the Treaty establishing the Unified Patent Court (UPCA), the decisions of the Unified Patent Court undoubtedly have the potential to produce effects in Spain as well.

At ELZABURU, we continue to closely monitor developments in the TUP system and its implications in Spain, so that we can provide our clients with legal advice that is in line with European legal standards.

Bosco de la Vega, Associate in the Patent Practice Group at Elzaburu.

Technological innovation progresses at different rates depending on the sector. While some sectors, such as the automotive and aerospace industries, maintain a steady pace of evolution, others are undergoing rapid transformation. One of the most dynamic fields today is that of electric power generation and storage, where the number of patent applications has skyrocketed in recent years.

This boom is no coincidence. It responds to an urgent need for energy efficiency and sustainability in a landscape shaped by the green transition and growing geopolitical pressure on strategic resources. Rare earth elements—materials essential to many of these innovations—are at the heart of this new technological revolution.

Rise in Energy-Related Patent Applications: A Barometer of Innovation

According to data from the European Patent Office (EPO) Patent Index for 2024, inventions related to electric batteries increased by 24 % compared to the previous year. In the case of electrical machinery, appliances, and energy, the cumulative increase over the past decade has reached 64.8 %.

This increase highlights the role of patents not only as a means of protection but also as an indicator of industrial and technological dynamism. Registering a patent in Spain or Europe allows companies to safeguard their R&D investments, access financing, and strategically position themselves in key markets.

Rare Earth Elements: Powerful Magnets and Next-Generation Batteries

Rare earth elements such as neodymium, dysprosium, and lanthanum are at the heart of many strategic inventions. In the field of electric generators, one of the most promising areas of development is the creation of more powerful permanent magnets, which require less space and energy to operate. These advances have a direct impact on the efficiency of rotating electrical machines, as well as on state-of-the-art electric motors—particularly when it comes to neodymium, for example.

At the same time, batteries are another major area of innovation. The challenge: increasing energy density, shortening charging times, and extending battery life. The automotive industry is driving much of this progress and is seeking new formulations for cathodes and electrolytes that incorporate rare earth elements or advanced alternative materials, with the goal of achieving the highest storage capacity while ensuring safety and sustainability throughout the entire process.

Electric Power Grids and Conductive Materials: Minimizing Losses

Another key area of technological advancement is electrical infrastructure, particularly the power transmission grid. Innovation in conductive materials with lower electrical resistance helps minimize economic losses and the environmental impact caused during transmission—a key consideration for both large-scale power lines and electronic microcomponents.

Geostrategy, Industrial Autonomy, and Intellectual Property

Beyond the technical aspects, the rise of these technologies has geopolitical implications. Europe relies heavily on third countries for the supply of rare earths and other critical materials. For this reason, fostering local innovation and protecting developments through the patent system has become a strategic priority.

Furthermore, this increase in the number of patent applications is not limited to the private sector. Public institutions and research centers are supporting this trend, and an increasing number of universities, scientific organizations, and public-private partnerships are working together to develop patentable solutions aimed not only at innovation but also at large-scale applicability and commercial viability.

Protecting Innovation as a Driver of Competitiveness

The current landscape of patent applications reveals a clear trend: the race for sustainable energy efficiency is being waged not only in laboratories but also in intellectual property offices. Ensuring the protection of these advances is no longer merely a strategic option; it has become a matter of urgency for maintaining autonomy, sustainability, and, above all, a leading position in technological innovation.

At Elzaburu, we support our clients through this transformation by providing specialized legal advice on patent registration and validation. We understand that, now more than ever, innovation means anticipating the future, protecting our interests, and leading responsibly.

Bosco de la Vega, Associate in the Patent Practice Group

Over the past two years, Spain has seen sustained growth in the number of European patent grants. According to the most recent data from the Spanish Patent and Trademark Office (OEPM), there was a 12.7% increase in 2024 compared to the previous year. This trend reflects a growing interest in protecting inventions in the Spanish market and is driven by various strategic, regulatory, and economic factors that should be taken into account when planning an intellectual property strategy.

What is the validation of a European patent in Spain?

When the European Patent Office (EPO) grants a patent, the applicant has three months from the grant date to request that the patent take effect in Spain. This procedure is known as the validation of a European patent in Spain.

Through this process, the European patent becomes legally valid within Spain and allows the owner to exercise their rights in the Spanish market. This is an essential step for those who wish to protect their invention in Spain, especially given that Spain is not part of the unitary patent system, which makes national validation essential for obtaining legal protection.

A favorable environment for obtaining a patent in Spain

The 12.7% increase in validations recorded in 2024 reflects Spain’s appeal as a key destination for commercializing innovations. At a time when the unitary patent has been in effect in other European countries since June 2023, many patent holders continue to choose to validate their patents in Spain (a country that is not part of the unitary system).

This data, combined with the increase in concessions granted by the OEP (approximately 5% more than in 2023), has a direct impact on national validation activities, especially in countries such as Spain, where companies are seeking to position themselves competitively in the market.

Sectors such as biotechnology, the pharmaceutical industry, and engineering technology find a mature market in Spain, with a strong commitment to investing in innovation.

Technical translations: an essential step in patent validation

One of the fundamental requirements for validating a European patent in Spain is the submission of a technical translation into Spanish of the patent granted by the EPO. These translations must be faithful and accurate representations of the text of the granted patent, since the protection that patent will enjoy in Spain depends on this.

For this reason, it is essential that translations be performed by translators who specialize in patents and have experience in various technical fields (biotechnology, pharmaceuticals, engineering, among others). This high degree of specialization ensures that the terms used accurately reflect the content of the original document, enabling correct interpretation by third parties, courts, or potential licensees.

How do I choose between a unitary patent and national validation?

The entry into force of the unitary patent has changed the landscape in Europe, as it has introduced a simplified approach that includes a single maintenance fee and the advantage of resolving disputes in a single court, rather than facing multiple legal proceedings in different national jurisdictions. However, its suitability depends on a number of factors.

For companies operating in a small number of European countries (three or fewer), national validation remains the most cost-effective and strategic option. The Unitary Patent is typically more expensive than the traditional system of validations, so it would make more sense to validate the patent only in the countries where the technology will be commercialized.

On the other hand, for those seeking broader protection (four or more countries participating in the unitary system), opting for the unitary patent could result in significant savings on maintenance costs, in addition to simplifying administrative procedures. However, they will still need national validation in Spain to secure their position in our market.

For a more detailed analysis, we recommend reading the article published on our blog: “Unitary Patent or Traditional Patent Validation System?”, which explores the advantages and disadvantages of each model using practical examples.

Patent Validation in Spain: How to Choose the Best Strategy?

The increase in the number of European patents granted in Spain is a clear sign of our country’s growing importance as a strategic location for the protection of technological assets. In an environment marked by intense competition, choosing the right protection system is essential to ensuring a successful return on R&D investments and to strengthening one’s market position.

Having an expert team to advise on the validation process, technical translations, and the legal implications of each option is essential to ensuring effective protection that is aligned with business objectives. For this reason, it is essential to evaluate each case individually to determine the most appropriate protection system, taking into account the specific characteristics of each invention, business objectives, and regional development strategies.

Mónica Amores, Partner at Elzaburu and Head of the Validation Department