HISTORICAL FILES

Patents of Invention and Privileges
Among all modalities of industrial property relative to the protection of new technologies, the most interesting are privileges and patents. Both of them use the same patterns, meaning that both are exclusive monopolies given to the inventor or to whoever introduced inventions in Spain. The name of "privilege" was defended by Fernando VII in 1826, in reaction to unwelcome french-influenced and liberal terms, such as "patent" or "certificate". The difference between privilege and patent is purely nominal, so they can and ought to be considered as parts of the same collection.

The privileges of invention and introduction were extended between March 27th, 1826 and July 30th, 1878 (the date of the promulgation of a new law of patents that changed the denomination, and date which coincides with the beginning of the historical period called the "Restoration"). The documentation kept in the Spanish Patent and Trademark Office (OEPM) relative to those privileges consists of:
· Administrative records arranged in numerical series from 1 to 5909, which is organized in individual folders.
· Descriptive reports of the inventions related to those patent records, stored in sealed envelopes, stamped, without unified size, and numbered from 1 to 5909.

On July 31st, 1878, after the promulgation of the new patent law, the application's filing changes. The label of privileges was switched to patents and renumbered; for instance, the privilege numbered 5910 became patent nº 1. From this moment on, the administrative documentation and the descriptive reports constitute one only file, which is stored in bundles. So, after 1878 the documentation of patents can be one of two types:
· Numbered records which contain the administrative proceedings and the information and plans of the invention (which are no longer kept sealed and confidential).
· Registration Books, annual payments, etc. containing the patent requests and applications.

Nevertheless, after 1878 it is necessary to emphasize that there is a strong and progressive increase in the number of patent requests. This resulted in an increase on the documental mass as time passed. Between July 1878 and 1902 we can find approximately 31,000 records patents of invention and introduction, and 130 volumes of registration books. In 1902 there was a modification in the legislation of patents' rights (the Law of May 16th). At the same time, Alfonso XIII ascends to the throne, inaugurating the second phase of the Bourbon Restoration. In the following historical period, from the arrival of Alfonso XIII until the coup d'etat of the general Primo de Rivera (1903-1923), there are 57,873 patent records and 170 volumes of registration books.

During Primo de Rivera's dictatorship and until the end of the Second Spanish Republic, after the end of the Civil War (between 1924 and 1939), there are 58.868 patent records, and 191 volumes of registration books. Finally, during General Franco's dictatorship, between 1940 and December 31st, 1975, we can find 296,315 patent records and 1,185 registration books' volumes. In all, between 1878 and 1975 there are 444,029 patent records and 1,676 registration books.


Source OEPM