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Spain, as a member of the EU, complies with the regulations set out in the EU directives in relation to industrial property. In any event, an invention must always be registered in advance to retain exclusive rights over it.

The territoriality principle is also applied, meaning that protection is only obtained in those countries where the patent is registered. As a result, the registration of the patent in the country of origin does not provide automatic protection in other countries.

Spain has ratified the main international agreements in this area which, apart from rare exceptions, allow those who do not have Spanish nationality to obtain the due protection of their rights in this country.