Procedures

  • A. Disclosure of results needing protection

    Pursuant to Articles 18.1 and 20.1 of Law 11/1986 of 20 March on Patents, the employee who performs any of the inventions referred to Articles 15 and 17 of the aforementioned Act, it shall inform the contractor; including necessaries data and reports for that the contractor can exercise those rights he is due.

    Download invention disclosure document

  • B. Study for patentability by the OTRI

    The OTRI will examine the request and it will ask to the researcher additional information about the invention, by using a specific application form.
    This document aims to get more information on results to protect (technology used, market analysing, and the position of the invention with regard to potential competitors, among other data etc.).

    At the same time, the OTRI will carry out technology scouting about the topic of the research in order to evaluate the innovation level, a more detailed assessment of the innovation potential of the results to be protected.

    If necessary, the OTRI will attain more information of a technical and market-related nature, or request a report on technical conditions from the Spanish Patent and Trademark Office (Oficina Espanyola de Patents i Marques, OEPM), to assist in the assessment of the invention.

    All these documents must be sent to the related researchers so as to review and to do those observations considered pertinent.

  • C. Patent recommendation report

    On completion of the study phase on the novelty of the invention and its potential for innovation, the OTRI will prepare a patent recommendation report. The report will indicate the most suitable patent protection strategy and whether it should be protected or not the results research, always taking into account the opinion of the researcher(s).

    According to the Regulations of the Patent UV, ownership of the same corresponds to the UV. If the University of Valencia doesn´t exercise their rights on protection of the results it will allow to researchers to acquire such ownership, reserving the UV a free license no-transferable and no-exclusive and a share in the benefits of exploitation.

    In the event that the UV assume the ownership of the protection rights, it shall bear the costs of processing. However, if the ownership were shared (e.g. between researchers and the UV), these costs could be shared.

    The OTRI will communicate to the researchers concerned the decision to protect or not and the relevant funding.

    In case of disagreement between the researchers and the OTRI, the former may resort to the Vice-Chancellor for Research (Vicerectorat d’Investigació), through the Director of the OTRI, which will arrange its settlement.

  • D. Drafting of the patent document or certificate of protection

    In collaboration with the pertinent researchers, the OTRI is responsible for drafting the patent application, and may seek advice from external solicitors and property agents, if appropriate and necessary.

    Once the documents have been produced, the OTRI will send the application to the Spanish Patent and Trademark Office (Oficina Espanyola de Patents i Marques, OEPM), keeping informed at all times to the researchers behind at any stage of the procedure.

  • E. Granting a priority date

    Following request to the Spanish Patent and Trademark Office (Oficina Española de Patentes y Marcas, OEPM) and the priority date has been got (which is the same date of the request), the OTRI will notify the date to the inventors, after which it will be possible disseminate the results of the invention to the community.

    From that date onwards, there is a maximum of 12 months in which to decide whether to extend the patent to other countries and to start planning promotion by disseminating Documents of Technological Offers.

    To begin the process of extension of patent or protection, the researcher must apply again in writing to the OTRI, in time, by using the request form patent extension, repeating the same process we just described.