Our advisors are fully aware of the complexity of matters related to patents and, in general, any invention requiring legal protection.
In many cases, it is necessary to develop well-founded strategies to obtain a strong patent or to properly protect an invention.
Abril Abogados, as advisors in industrial and intellectual property rights, offers a wide range of specialized services in this field.
Methodology
We assess the viability of each case and, based on this, establish the different possible solutions. We advise on the preparation of patent specifications and handle the filing of applications before the relevant authorities in any country of interest to our clients, supporting them throughout the entire process, step by step, ensuring compliance with all requirements and formalities.
The procedure leading to the grant of a patent includes, where applicable, direct assistance in responding to substantive official actions, providing technically sound solutions aligned with the local practice of each country. In Spain, patent registration and the management of official patent databases are handled by the Spanish Patent and Trademark Office (OEPM), which operates under the Ministry of Industry, Trade and Tourism.
For European patents, the final authority is the European Patent Office (EPO), which includes not only EU Member States but also other countries that are signatories to the European Patent Convention.
One of the most widely used international instruments in the field of patents is the Patent Cooperation Treaty (PCT). Administered by the World Intellectual Property Organization (WIPO) in Geneva, it is a highly useful mechanism to assess, prior to national phase entry, the state of the art in the relevant field of the patent application, as well as to provide extended timelines for evaluating potential markets of interest.
Services related to patent advisory include:
- Selection of the most appropriate strategy to protect an invention.
- Legal and technical advisory in all matters related to patents.
- Advisory services for startups or technology-based companies built around a patent or other invention.
- Administrative procedures before the OEPM: filing, responses, appeals, etc.
- Advisory on R&D contracts (commissioned), patent licensing agreements, and technology transfer agreements.
