Utility Models
Utility Model Registration
PATENT (Act 11/1986)
A utility model is a form of protection for inventions with a lower level of inventiveness than those covered by a patent, and the preamble to the Act defines it as giving an object a configuration or structure from which some practical utility is derived.
What is a utility model?
Spanish patents
A utility model is an industrial property right that protects new technical inventions offering a practical advantage over existing ones. Unlike patents, it does not require such a high level of inventiveness.
📌 Legal basis: Law 24/2015 on Patents, Articles 143 to 151.
📌 Term: 10 years, non-extendable, from the date of application.
What can be protected as a utility model?
Utility models typically protect devices, tools, mechanisms, implements or structures that incorporate a functional or technical improvement.
Examples that are eligible for protection:
- A refillable ballpoint pen with an anti-drip system
- A mobile phone holder with a retractable mechanism
- A lock with a self-adjusting mechanism
The following cannot be protected as utility models:
- Procedures or methods
- Chemical or pharmaceutical substances
- Biotechnological inventions
- Computer programmes as such
Duration
A utility model is valid for 10 years.
Applications
Neither an IET application nor the preparation of a summary is required.
Publication in the BOPI
It is subject to publication in the Official Industrial Property Gazette (BOPI) to allow for any objections.
Differences between a utility model, a patent and a design
| Feature | ,Utility Model | ,Patent | , Industrial Design |
|---|---|---|---|
| What does it protect? | Technical functionality | Complex inventions | External appearance |
| Level of innovation: | Medium | ,High | ,Not applicable |
| Term of protection: | 10 years | ,20 years | ,5 to 25 years |
| Approximate cost: | Low | ,High | ,Low |
| Processing time: | 4–6 months | ,2–4 years | ,1–2 months |
Requirements for registering a utility model
To be approved, the model must meet the following criteria:
- World first: it must not have been published or used in public before.
- Industrial application: it must be capable of being manufactured or used in any industry.
- Technical advantage: a functional improvement on existing products.
“Utility model protection is ideal for practical improvements to existing products that offer genuine technical value, but without the complexity of a patent.” – OEPM
Examples of Utility Models
How much does it cost to register a utility model?
| Item | Approximate price |
|---|---|
| OEPM application fee: | €103.51 |
| Professional thesis writing: | €250–450 |
| Monitoring and follow-up: | €50–100 per year |
How do you register a utility model, step by step?
1. Novelty check
Carry out a preliminary search in databases such as:
- Invenes (OEPM)
- Espacenet (EPO)
- Google Patents
2. Drafting of the technical report
It must include:
- Title
- Description
- Claims
- Drawings (if applicable)
- Summary
💡 Tip: Be precise in your wording. An ambiguous description may make it impossible to award the contract or lead to challenges.
3. Submission to the Spanish Patent and Trademark Office (OEPM)
Available routes:
- Online (recommended, with a reduced fee)
- In person or by post
4. Payment of fees
Official fee in 2026: €103.51 (online)
Check the discounts available for SMEs, entrepreneurs and individuals.
5. Publication and award
No substantive examination is carried out. If everything is in order from a formal point of view, the application is granted and published in the BOPI.
Frequently Asked Questions (FAQ)
No. Only technically applicable inventions that can be industrially applied are protected, not abstract ideas.
No. The Spanish utility model only provides protection in Spain. To obtain protection abroad, you must register the utility model in each country or apply for an international patent.
In some cases, yes, provided that the requirements for patentability are met.
On average, 4 to 6 months from the date of application, provided there are no formal errors.
You can take legal action for an infringement, demand that it cease and seek compensation.