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Utility model registration

If you do not protect your invention by means of a utility model or a patent before disclosing it to the market (offering, selling, showing,...) you could inadvertently end up giving your idea away to the world. The patent law is clear, once the invention is disclosed, it can no longer be protected since it becomes public domain and anyone can legally copy it.

If you have an idea, at the very least you should know if it can be protected before you show it off or start selling it.

The utility model is the cheapest registration that exists when it comes to protecting an invention in Spain. The alternative is the patent, which is a much more complex and therefore expensive process.

For practical purposes, the utility model gives you the guarantee that, once requested, you can show your invention to the world without the risk that your actions will negatively affect you. With the simple request, the inventor obtains provisional rights over the invention.

Fill out the form to find out how to protect your idea as a utility model and thus be able to launch or show it to the market with ease.

Before you explain your idea to us, we will sign a confidentiality agreement so that you have the peace of mind to speak openly with us.

When we know about the invention, we will do a free first analysis to investigate whether or not the idea meets the requirements to be patented and we will give you our professional opinion.

If you decide to hire us to patent your idea, you should know that our service includes:


  • - Drafting of the description and claims, as well as preparation of the necessary drawings for the utility model.

  • - Monitoring of the processing of the utility model and regular communication with the inventor about the progress of the process.

  • - Active surveillance of your invention to detect applications for utility models that may affect your rights.

  • - Resolution of queries related to your patent while your utility model is valid.
Do you have any questions?
Write your question and we will answer you quickly and free of charge.

Know the requirements to register an invention as a utility model

The registration of a utility model is a relatively simple process but it must be done very well to obtain the maximum protection of an idea. The key is in the correct wording of the description, the correct definition of the claims and in the elaboration of some figures in accordance with the current patent law.

The requirements for an invention to be protected as a utility model are; novelty, inventive step and industrial application.

Why is utility model wording so important?

An error in the drafting / preparation of the necessary documents for the application of a Spanish utility model implies a loss of rights since during the registration process of a utility model it will no longer be possible to add new documentation or correct it in a way that expands the erroneous documentation present in the file.

What role do industrial property agents have?

The industrial property agents duly accredited by the OEPM or the European patent agents duly accredited by the EPO are the only professionals who have passed a tough technical and legal examination on the correct processing of patents and utility models. It is not advisable to trust non-accredited professionals since the consequences may be irremediable. The correct protection of the invention is at stake.

What stages does the registration of a utility model have?

Returning to the processing of a utility model, it is important to know the different stages of the process. Once the utility model has been requested, the competent patent office (for example, the OEPM) will review whether it meets the minimum requirements to admit it for processing. The office will then carry out a formal examination where most utility models drafted by private individuals or representatives who are not patent experts receive a formal fail. You have to answer the formal exam so that the utility model application is finally published in the official bulletin of industrial property. Once published, a period of 2 months opens for anyone to present an opposition and if no one presents an opposition, the patent office grants the utility model. The entire process, if there are no complications, takes about 5-6 months.

How long does the protection of a utility model last?

The utility model offers, like patents, a worldwide reservation of twelve months during which the owner of the utility model can extend the protection outside the original territory. If it is not extended within this period, the original territory continues to be protected, but in the rest of the world the invention becomes public domain.

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