Every breakthrough in the fight against cancer is driven by technological innovation. From immunotherapy to artificial intelligence applied to diagnosis, the development of new medical solutions is crucial to improving the prevention, detection, and treatment of this disease.

In this context, the European Patent Office (EPO) has published the report New Frontiers in Oncology, in which it analyzes the impact of patents on the evolution of oncology. This study not only highlights the growth of innovation in this field but also the key role of European startups in the development of new therapies.

The Growth of Innovation in Cancer Technologies

One of the most significant findings in the report is the rapid growth of oncology technologies over the past decade. Since 2015, cancer-related patents have increased at an annual rate of 9.3 percent—more than triple the average for other technology sectors.

Key areas of innovation include:

• Cellular Immunotherapy
• Gene therapy
• Image Analysis
• Liquid Biopsies
• Healthcare Informatics

This growth reflects a significant increase in investment and efforts to develop new solutions for the prevention, diagnosis, and treatment of cancer.

Global Leadership in Oncology Patents: the U.S., China, and Europe

The report also examines the geographic distribution of patents in oncology. Between 2010 and 2021, the United States led the sector with 44.6% of cancer-related patent applications.

Although China lags behind the U.S. and Europe, it has shown remarkable growth, reinforcing its role as a key player in biomedical innovation.

Although Europe has fewer patents than the U.S. (with a 23.9% share), it stands out as a hub for startups specializing in cancer. With nearly 1,500 startups in this field, the continent has established itself as a place where innovation and collaboration between the public and private sectors are bearing fruit.

Despite this European leadership, the report also notes that the U.S. continues to lead in the number of startups with patents at an advanced stage, giving it an advantage in bringing new therapies to market.

Compiled by the author based on the report *New Frontiers in Oncology*

Spain: A Leader in Cancer Research and Intellectual Property

Spain plays a leading role in cancer innovation, thanks to the work of universities, hospitals, and public research organizations. According to data from the report:

• 57% of patented inventions in oncology in Spain come from public entities.
• If indirect patents (originating in the public sector but filed by companies) are included, the impact rises to 65.9%, far exceeding the European average of 34.9%.

In addition, Spain ranks eighth in Europe in terms of oncology patents, as well as in the number of startups specializing in cancer, with 69 emerging companies in this field.

These figures reflect the strong commitment of the Spanish innovation ecosystem to the fight against cancer and the strategic value of industrial property in knowledge transfer and the development of new therapies.

The Role of Patents in Bringing New Therapies to Market

The EPO report confirms that patents are an essential element in the fight against cancer. They protect innovation, encourage investment in research, and enable new therapies to reach the market.

For startups, intellectual property is a key factor that not only guarantees the commercial exclusivity of their developments but also makes it easier to secure funding and form strategic partnerships with large pharmaceutical companies.

Ultimately, the combination of scientific talent, investment, and patent protection is the key to continuing to make progress in oncology and improving the lives of millions of patients around the world.

Dr. Irene Gascón, Associate in the Patent Practice Group at Elzaburu

Throughout history, Spain has been the birthplace of great explorers, scientists, and inventors whose contributions have been pivotal in many fields of knowledge. However, in many cases, the recognition and fame for their discoveries and advances have been attributed to others, relegating these Spanish pioneers to obscurity.

Why does this happen? Often, the success of an innovation depends not only on its ingenuity, but also on its dissemination, commercialization, and, above all, its adequate protection. Effective registration of patents, utility models, and designs is crucial to ensuring that inventors’ efforts and creativity are recognized and rewarded.

Spanish Explorers and Discoverers: Mapping the World Before Anyone Else

 One of the areas in which Spain has made fundamental contributions is geographical exploration. For centuries, Spanish navigators and scientists opened up trade routes, documented unknown territories, and undertook expeditions that expanded the boundaries of the known world.

For example, the Jesuit Pedro Páez Jaramillo discovered the sources of the Blue Nile in 1618, nearly 150 years before British explorers claimed this discovery. Similarly, Lorenzo Ferrer Maldonado was the first to describe the Bering Strait in 1588, although his name was overshadowed by the Dane Vitus Jonassen Bering more than two centuries later.

Similarly, the Jesuit José de Acosta documented the Peruvian Current in 1590, which would eventually become known as the Humboldt Current in honor of the German explorer who rediscovered it in the 19th century.

Spanish Pioneers in Technology: From the Steam Engine to the E-Book

Spain has not only been a country of explorers, but also of inventors ahead of their time. A clear example is Jerónimo de Ayanz, whom many consider the Spanish Leonardo da Vinci. Among his inventions are a diving suit, a prototype submarine, and a steam engine patented in 1606 (developed more than a century before James Watt’s famous engine).

Another example is Ramón Verea, who in 1892 designed the first calculator capable of performing the four basic arithmetic operations. However, he never sought to commercialize it, so his idea did not gain widespread popularity until the prototypes developed by the Swiss engineer Otto Steiger.

Ángela Ruiz Robles, a teacher from León who patented the " Enciclopedia Mecánica" in 1949, which is considered the first prototype of an e-book. Despite this, the American Michael Hart is commonly regarded as the inventor of the e-book.

The Unknown Inventor of Epidural Anesthesia

Military physician Fidel Pagés developed epidural anesthesia in the 1920s, and his findings were published in Spanish medical journals. However, his work went unnoticed internationally until, a decade later, the Italian Achilles Dogliotti claimed credit for the discovery. Only when evidence of Pagés’s work was presented did Dogliotti acknowledge Pagés as the true inventor of the technique.

The Value of Protecting Innovation

These are just a few examples of why it is important to ensure that inventions and discoveries are recognized and protected. Many innovative ideas have been lost throughout history not only because they were never commercialized, but also because they lacked adequate legal protection.

Today, inventors have access to key tools such as patents, utility models, and industrial designs, which allow them to assert ownership of their creations and prevent third parties from appropriating their innovations without recognition or compensation.

Commercial success may depend on many factors, but ensuring the recognition and protection of intellectual property is the first step toward enabling inventors not only to “reap the rewards” but also to enjoy the fruits of their ingenuity.

At Elzaburu, we have been advising inventors, entrepreneurs, and companies on protecting their industrial and intellectual property for over 160 years. If you have an innovative idea, don’t hesitate to contact us to ensure its recognition and commercial exploitation.

Elisa Prieto Castro, Knowledge Manager at Elzaburu

July 27 marked the 40th anniversary of the Regulation on the Protection of the Rights of Plant Variety Breeders, a system administered by the Community Plant Variety Office (CPVO), a European Union agency with its own legal personality.

And to celebrate this anniversary, let’s take a moment to remember a unique plant with countless healing properties. I’m referring to the plant known as “wound herb,” “soldier’s herb,” “devil’s bane,” or, more commonly, St. John’s Wort—a shrub with yellow, golden-colored flowers native to Europe and the most abundant species in the Hypericaceae family (a genus comprising nearly 500 species worldwide).

A plant variety with medicinal properties

This bitter-tasting species is important to the industry because it has a high content of compounds with primarily medicinal properties: it has antidepressant, anxiolytic, anti-inflammatory, wound-healing, antibacterial, and antiviral effects.

There are also several publications that point to its potential usefulness in the diagnosis and treatment of cancer; although this is a promising application, it is still far from becoming a reality in the short term. There are even studies that mention its use as an alternative therapy for AIDS.

The most notable and extensively studied active ingredients in this plant are hypericin and hyperforin, although it contains many others that, while not as thoroughly researched, have also been shown to have potentially useful pharmacological effects, such as flavonoids and rutin.

St. John's Wort and Other Medicinal Plant Derivatives: A Booming Business

The current trend toward a healthier lifestyle has made St. John's wort-based products—such as tablets, capsules, herbal teas, and cosmetics—a booming business, along with other medicinal plants like valerian, chamomile, eucalyptus, and horsetail. All of these products account for more than 36% of the over-the-counter medication market (representing a 4% increase compared to last year).

In this shift toward natural products, research in this sector and its protection through industrial property rights are key factors.

More than 7,000 patent applications and about 1,000 related registrations

In the field of industrial property, there are more than 7,000 patent applications related to the Hypericum genus, focusing primarily on anticancer activities and central nervous system disorders such as Alzheimer's disease.

Another form of industrial property related to plants is plant variety protection, which is defined as a group of plants selected from within a species that share a set of common characteristics.

There are nearly 1,000 records related to the genus Hypericum (including plant breeders’ rights registered with various plant variety offices around the world, entries in national registries, and plant patents, as in the case of the United States). The new plant varieties submitted for this genus are intended for ornamental purposes, featuring uniform flowering, a high density of large, glossy fruits, and a long post-harvest shelf life.

In this field, the Netherlands and Germany stand out as the leading importers. Many of these varieties have spectacular bright yellow flowers, a long blooming period, and glossy brown or red berries that are widely used for ornamental purposes in parks and gardens.

The plant variety Hypericum perforatum has 3,400 patent applications

When conducting the technical examination of the variety, it is necessary to verify that the material of the applied-for variety is distinct, stable, and uniform. To this end, applications for varieties of the genus Hypericum will be examined in comparison with the other varieties in the reference collection, some of which have such evocative names as Flamingo Fantasy, Autumn Blaze, Excellent Flair, Magical Green, and Extreme Illusion.

Focusing on the patents for our St. John’s Wort, Hypericum perforatum, there are nearly 3,400 patent applications related to this herb, with the two leading applicants being Kimberly Clark Corp. (which produces hygiene products and markets such well-known brands in Spain as Scottex, Kleenex, and Huggies) and L’Oréal S.A., with its range of skin and hair care products.

As for plant varieties, there are about 100 entries related to Hypericum perforatum.

In short, it is a fact that medicinal plants are becoming increasingly popular and that natural products are gaining a foothold in pharmacies as an alternative to many conventional medications. Therefore, those of us in the industrial property sector must closely monitor these developments and encourage those working in this sector to adequately protect these valuable intangible assets.   

Marina Reig, Attorneys in the Patent Practice Group at ELZABURU 

One of the most important factors in the progress and development of civilizations is the ability of resourceful people to innovate and create tools and processes that improve the quality of life or manufacturing processes.

The last quarter of the 19th century was marked by a dramatic surge in the number of new inventions and technologies, and Spain—despite having joined the Industrial Revolution late—also experienced a boom in innovation.

Our firm, ELZABURU (then known as Vizcarrondo), was a unique witness to that era due to the shortage of intellectual property professionals in our country. We observed innovations in virtually all areas of production, but we were particularly struck by the large number of innovations in the following areas.

Minerals and Other Raw Materials

Although the Industrial Revolution in Spain was still in its very early stages, the development of manufacturing industries in countries such as the United Kingdom, Germany, and France led to a growing demand for raw materials—both as sources of energy and as materials for the construction of machinery and equipment.

Spain was a region where mineral and material resources had barely been exploited, making it an attractive destination for companies involved in mining and the processing of metals and minerals.

Toward the end of the 19th century, we find a large number of patents related to mineral treatments and processes, such as methods for producing aluminum, purifying lead, producing soft iron… and many others. Likewise, it was common to discover new mining systems and machinery, such as towing devices and extractors.

Mineral Extraction Apparatus by Lorenzo Riera and Oliver (Privilege No. 4088)

Electricity and Lighting

In the final decades of the 19th century, Europe experienced a veritable race to develop a lighting system. Major advances were patented in the production and distribution of energy and its application to lighting homes and public streets. ELZABURU lists the patents of Edison and Charles Francis Bush, but also those of Spaniards such as Eusebio Molerá and Juan Cebrián, who also made significant inventions in this field.

As a fun fact, if you're wondering who patented the first light bulb, the answer isn't Edison! Despite having registered nearly 2,000 patents worldwide, it was Joseph Wilson Swan who invented the first light bulb in 1878. We'll tell you all about the history of electricity here.

Patent for an Improvement in Edison's Electric Lights (1879)

Transportation

Numerous inventions related to transportation emerged, not only in the field of railroads (or, as they are often referred to,“iron roads”) but also in thefieldsof ships, carriages, funiculars, etc.

Patent for an electric motor for railroads and streetcars by The Patton Motor Company (1892)

Telecommunications

The world of telecommunications, along with that of lighting, is one of the most fascinating and has seen some of the greatest technological advancements, particularly with the development of the telegraph and the telephone.

Numerous inventions and improvements emerged based on Graham Bell's famous telephone patent, ranging from the development of microphones, doorbells, and bells to switching systems for telephone exchanges. However , did you know that Graham Bell is not the true father of the telephone? It was actually Antonio Meucci who invented the telephone.

Such was the desire to achieve long-distance wireless communication that we have already discovered, in our archives from the early 20th century, several prototypes of cell phones, with a patent dating back to 1902.

War industry

Throughout the 19th century, Europe experienced a particularly turbulent period politically, which led to the outbreak of numerous armed conflicts. As a result, a major arms industry developed, basing its success on the development of new machinery and explosive components.

Patents relating to firearms—both small arms and artillery—are common. Of particular note here are the patents of Alfred Krupp, known as “The Cannon King” because of the significance his inventions came to have in the Prussian army’s military campaigns. 

Likewise, numerous explosive compounds were patented, most notably Alfred Nobel's invention of dynamite.

In short, the last quarter of the 19th century marked a golden age for innovation in Spain, with advances that transformed industries and changed everyday life. ELZABURU played a crucial role in protecting these inventions, helping to turn the ingenuity of the era into tangible progress.

Today, more than a century later, we remain committed to the mission of protecting and promoting the innovation that drives society's development.

All images were taken from the OEPM Historical Archive: http://historico.oepm.es/buscador.php

Elisa Prieto, Head of Knowledge Management at ELZABURU

The Unitary Patent (UP) system is a patent title that, through a single legal action, grants protection with the same effects in each and every participating Member State.

Since Romania joined this system on September 1, there are now 18 participating Member States.

One might ask: What are the advantages and disadvantages of the unitary system compared to the traditional country-by-country validation system?

Advantages of the Unitary Patent System

The Unitary Patent System consists of two pillars: the Unitary Patent and the Unified Patent Court (UPC). This system may offer several advantages:

• Reduced registration costs: The patent remains in force in all countries participating in the system through the payment of a single annual maintenance fee to the EPO (European Patent Office), which covers all countries participating in the system.
• It is a simplified and harmonized procedure.
• It provides uniform protection across all participating EU Member States.
• The EPO serves as a one-stop shop for patent holders to pay renewal fees and record subsequent transactions (such as the granting of licenses).
• It harmonizes infringement proceedings across the various countries in the system through a single infringement action filed with the UPC. The UPC has jurisdiction over both unitary patents and traditional European patents for which no opt-out has been requested.
• Compensation of €500 for translation costs is provided for a 6-year transition period—extendable to a maximum of 12 years—for those European patents for which unitary effect is requested and that were originally filed by small or medium-sized enterprises, NGOs, etc., in a language other than English, French, or German.

Disadvantages of the Unitary Patent Compared to the Traditional System of Validations

• The Unitary Patent is subject to centralized invalidation proceedings before the UPC, which, if successful, automatically invalidate it in each and every country participating in the system.
• It is not possible to waive protection by failing to pay the corresponding annual fees in countries that are no longer of interest, as is currently possible in the case of patents subject to the national validation system.
• If the maintenance fee for a unitary patent is not paid, the patent is deemed abandoned in all countries participating in the system.
• If protection is sought in fewer than four countries within the system, the unitary patent generally entails higher maintenance costs than the system of national validations.

Therefore, it would be advisable to evaluate, on a case-by-case basis for each patent, the strategy that best aligns with regional development interests and the characteristics of the patent holder’s business. Based on that assessment, one should then choose either the Unitary Patent or the traditional system of validation and maintenance.

Irene Gascón, Associate European Patent Attorney in the Patent Department at ELZABURU

In 2017, soccer adopted video assistant referee (VAR) and video on-field referee (VOR) technology to reduce the likelihood of referees making mistakes in their decisions. Well, let’s use this soccer analogy to explain the role of a procedure in our industry that we could consider “the VAR of patents.”

A few years ago, when Spain’s new Patent Law was implemented, we discussed the holding of the first oral hearings during the patent grant procedure in our country. The system, with all due differences, could be compared to this arbitration mechanism.

What is an oral hearing in patent proceedings?

Once a notice of defects has been received during the examination phase from the Examination Division of the Spanish Patent and Trademark Office (OEPM), the patent applicant has the option to file a written response to the objections raised against the patent registration.

If the objections are not satisfactorily resolved, the applicant may still file a subsequent response or request an oral hearing using the appropriate official form from the Spanish Patent and Trademark Office (OEPM).

At that oral hearing, a final decision will be made regarding the granting, denial, or modification of the patent application that has been filed.

The Guidelines for the Examination of Patent Applications (Law 24/2015) state that an oral hearing may be requested by either the applicant or the examiner before the OEPM notifies the applicant of the conclusion of the substantive examination.

Request for an Oral Hearing: Automatic or Formal?

Since this procedure took effect, questions have arisen as to whether a written response from the applicant stating their intention to request an oral hearing—should objections persist—is sufficient to automatically schedule the oral hearing, or whether it is necessary to formally request it again.

Since then, subsequent notices of objection issued by the Patent Office have begun to include this paragraph:

“Finally, on this point, we would like to note that the request for an oral hearing is at the discretion of the applicant and is not considered valid unless the applicant formally submits it in writing to the Spanish Patent and Trademark Office (OEPM).”

Consequently, the request for an oral hearing was made outside the appropriate procedural timeframe; therefore, the interested party may submit a subsequent written response to address any remaining objections or request an oral hearing.

At this point, it should be noted that if the response filed does not address the notified objections and some examiners directly notify the applicant of the conclusion of the substantive examination, informing them of the rejection of the filed patent application, this procedural step prevents the filing of a request for an oral hearing.

The Examination Board: The VOR of Patents

At certain stages of the proceedings, an Examination Committee is appointed—which would be similar to the Video Operations Room ( VOR) that supports the arbitrator through the Video Assistant Referee (VAR)—to harmonize criteria before communicating them to the applicant.

There is no record of a uniform standard among examiners regarding whether to schedule an oral hearing before the conclusion of the substantive examination is communicated, if the applicant has previously expressed an interest in being summoned to an oral hearing, even if that request was submitted outside the appropriate procedural timeframe.

All decisions made by the Examination Division of the Spanish Patent and Trademark Office (OEPM) are subject to the principles of justification, transparency, and, in almost all cases, consensus.

A position on this matter by the Examination Committee would prevent this issue from ultimately being referred to the courts to determine at whose request an oral hearing is convened and at what stage of the substantive examination process it is requested.

Procedural Safeguards: Harmonization of Criteria

Applicants, patent holders, and representatives, in general, can rest assured that the Examination Board harmonizes its criteria before the Examination Division forwards the corresponding notification to the patent applicant.

The examiners of the OEPM’s Examination Division, with specialized training and a commitment to society, seek to interpret the law in a consistent manner, thereby respecting the principle of equality before the law; they could establish uniform criteria for determining who is summoned to an oral hearing during the substantive examination phase and when. This would prevent applicants from receiving a notice of the conclusion of the substantive examination that denies their filed patent application.

Every decision made by the Examination Division of the Spanish Patent and Trademark Office (OEPM) may legitimately be subject to criticism, but it will always have gone through various filters and checks, while also safeguarding each examiner’s autonomy in individual decision-making.

Thus, with the help of this “patent VAR,” examiners rule on controversial situations by taking positions that may conflict with those of the applicants, but with the advantage that each decision is reviewed and analyzed by the SPTO’s own internal oversight bodies.

Juan Antonio Romero, Associate Industrial Engineer in the Patent Department at ELZABURU

On September 1, 2024, the agreement on Romania’s accession to the Unitary Patent System (UP) entered into force. This means that all European patents with unitary effect now automatically cover Romania.

With this new addition, there are now 18 European Union member states participating in the system.

More than 27,000 unitary patents have been registered since the system took effect

Since the unitary patent came into effect on June 1, 2023, the European Patent Office (EPO) has received more than 28,450 applications for unitary effect and has registered 27,000 unitary patents.

In the first half of this year, 63% of all applications for unitary effect came from the 39 EPO Member States; more than 32% were filed by small businesses and individual inventors. So far this year, nearly one in four European patents granted has become a unitary patent.

Advantages and Disadvantages of the Unitary Patent System

The Unitary Patent System consists of two pillars: the Unitary Patent and the Unified Patent Court (UPC). This system offers several advantages: it reduces costs depending on the number of countries of interest, it is a simplified procedure, and it provides uniform protection.

However, there are also cases in which the best option for the owner of a European patent would be to opt for the traditional validation system, since the unitary system may entail higher maintenance costs and the risk that, through a single invalidation action, the patent could be invalidated in all countries where the Unitary Patent is in force. Patent holders must carefully weigh the advantages and risks of the unitary system, especially in terms of costs and the possibility of global invalidation.

Irene Gascón, Associate European Patent Attorney in the Patent Department at ELZABURU

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

Artificial Intelligence (AI) is experiencing an unprecedented boom, driven by its ability to take on new functions. This versatility allows AI to be integrated into more areas of everyday life, from technology and science to healthcare, entertainment, and especially the development of new computer applications.

The Rise of Generative Artificial Intelligence (GenAI)

One of the most promising applications of AI is Generative AI (GenAI), which leverages the most sophisticated advances in AI to create content such as text, images, music, voice recordings, and even source code.

Since the introduction of Deep Neural Network Architecture in 2017, Large Language Models (LLMs) have accelerated the development of GenAI, having a significant impact on industrial and intellectual property.

According to the latest report from the World Intellectual Property Organization (WIPO), AI patents —specifically in the field of GenAI—have seen spectacular growth. More than 25% of all existing GenAI patents were filed in 2023, with an 800% increase in applications since 2017.

In 2014, only 733 patent applications related to GenAI were filed. By 2023, that number had surpassed 14,000. In addition, scientific publications on GenAI have followed a similar trend, rising from 116 in 2014 to more than 34,000 in 2023.

Table 1: GenAI Patents and Scientific Articles by Year.

Source: WIPO (2024). “Generative Artificial Intelligence: Patent Landscape Report”

China Leads the Way in Generative AI Patent Developments

The country that has made the most progress in developing this technology is China: it has filed 38,000 patent families between 2014 and 2023. In fact, since 2017, China has been filing more patent applications each year than all other countries combined.

It is followed by the United States (nearly 6,300 patent families), South Korea (4,200), Japan (3,400), and India (1,350), as shown in the table:

Table 2: Families of GenAI patents filed, by the inventors' nationality.

Source: WIPO (2024), “Generative Artificial Intelligence: Patent Landscape Report”

Major GenAI Patent Holders and Their Applications

Among the leading holders of patents in generative artificial intelligence are giants such as Tencent, Ping An Insurance, Baidu, the Chinese Academy of Sciences, IBM, Alibaba Group, Samsung Electronics, Alphabet/Google, ByteDance, and Microsoft.

These companies have launched significant developments, such as IBM's Watsonx, a GenAI platform focused on data security, and DeepMind's Gemini, which Alphabet/Google is integrating into its products.

Microsoft is also gaining ground following its investment in OpenAI, which has begun filing patent applications.

The main applications of GenAI are found in sectors such as software, natural sciences, document management, business solutions, industry, manufacturing, transportation, security, and telecommunications. The most notable models, in terms of AI patents, include Generative Adversarial Networks (GANs), Variational Autoencoders (VAEs), and decoder-based LLMs.

The Role of Intellectual Property in the GenAI Revolution

Generative Artificial Intelligence represents a technological revolution comparable to—or even greater than—that of the Internet and smartphones. As this technology advances, the challenges also grow, and industrial and intellectual property rights become an essential pillar for protecting the interests of creators and companies.

In short, the surge in AI patents—especially in the field of GenAI—underscores the importance of staying attuned to the new opportunities and challenges that this technology brings. Intellectual property professionals will play a crucial role in this exciting and complex landscape.

Juan de Justo, EuropeanPatent Attorney at ELZABURU

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.