RIGHTS CONFERRED BY THE PATENT
Right of priority It is acquired on the day, time, and minute in which the patent application is deposited in the patent office of the country of origin, in our case the Spanish Patent and Trademark Office. In the country of origin, it is kept for the entire life of the patent, that is, twenty years, provided that the State-of-the-Art Report (EIT) and annuities are paid and in the rest of the world for 12 months. This 12-month global priority right may be extended to 30 months for PCT member countries if the PCT international procedure is entered. In the few countries that are not members of the PCT, twelve months would have to be entered if the rights in those countries were to be maintained.
Copyright (inventor) The patent belongs to the inventor, as the inventor is the author of the invention. Unless the inventor expressly waives his inventor’s rights, he may claim financial compensation from anyone who profits from the exploitation of his patent on the market. If the inventor relinquishes his copyright in favor of a third party to whom he has transferred ownership of the patent, that third party shall be the owner, although the name of the inventor shall always be kept on the patent document. Inventor’s rights follow each other like any other private property.
Exclusive right Like any other private property, the patent owner peacefully enjoys his exclusive property, and may not be disturbed by anyone in such enjoyment, unless he or she is claiming a prior right.
The jus excludens L of the previous paragraph opens the door to jus prohibendi, which is only a consequence of the first. The patent owner may prohibit the use, marketing, import or export, advertising of the integrity or part of his patent by those who do not have his consent.
Inheritance and usufruct law Like any other private right, the patent is succeeded or given in usufruct in accordance with the provisions of the Civil Code.
Transfer Rights Assignment and Licenses The patent and the patent application is transferable by assignment or sale, in this case the inventor must waive his copyright, or by license or lease. For more information on the assignment and licenses of the patent go to the License Patent button.