Key data
| Regulation | Resolution of April 24, 2026, of the Spanish Patent and Trademark Office, O.A., publishing the Agreement with the Spanish Technological Platform for Construction, on industrial property matters |
|---|---|
| BOE Publication | May 5, 2026 |
| Entry into force | April 24, 2026 |
| Affected parties | Companies, SMEs, startups and self-employed professionals in the construction sector and associated technological innovation |
| Category | Business Regulation |
| Signing organizations | Spanish Patent and Trademark Office (OEPM) and Spanish Technological Platform for Construction (PTEC) |
| Covered instruments | Patents, utility models, trademarks and industrial designs |
Construction and innovation companies in the sector have had a direct channel since April 24, 2026 to protect their technological developments from scratch. The Spanish Patent and Trademark Office (OEPM) and the Spanish Technological Platform for Construction (PTEC) have signed a collaboration agreement aimed at reducing the gap between companies in the sector and the industrial property system.
The agreement, published in the BOE on May 5, 2026 through the Resolution of April 24, 2026, does not impose obligations or generate direct costs for companies. On the contrary: it opens access to specialized guidance resources that many SMEs did not know they could take advantage of until now.
What does this regulation establish?
The agreement defines a collaboration framework between the OEPM and the PTEC to bring industrial property instruments closer to construction sector companies. The planned actions are as follows:
| Type of action | Description |
|---|---|
| Dissemination | Active communication about industrial property instruments available to the sector |
| Training | Workshops and training sessions aimed at construction sector companies |
| Advisory services | Specialized guidance to protect technological innovations |
| Practical guides | Support materials adapted to the sector to facilitate access to the patent system |
| Personalized information services | Specific attention for construction sector companies with specific needs |
The four industrial property instruments covered by the agreement are:
- Patents: protection of technical inventions with novelty and inventive activity
- Utility models: protection of innovations with lower technical complexity, more accessible for SMEs
- Trademarks: protection of the distinctive sign of the company or product
- Industrial designs: protection of the external appearance of products or components
Economic and operational impact
This agreement does not generate direct costs for companies. Its impact is one of opportunity: companies that take advantage of it can significantly reduce the costs of initial guidance in industrial property, which typically fall on industrial property agents or specialized law firms.
The most relevant operational impact is the reduction of barriers to entry into the patent system for SMEs and startups in the sector, which often do not register their innovations due to lack of knowledge of the process or perception of the cost as prohibitive. Access to free workshops, guides and advisory services eliminates that initial friction.
For companies that already compete in public procurement or international markets, having registered patents or trademarks can represent a direct competitive advantage in the evaluation of offers and in protection against copies or unauthorized use of their developments.
Who does it affect?
- Construction companies with their own technical developments (construction systems, materials, processes)
- SMEs in the construction sector that innovate but have not registered their solutions
- Technology startups linked to the sector (proptech, industrialized construction, BIM, energy efficiency)
- Self-employed professionals and microenterprises with differentiating products or methods
- Materials and components companies for construction with their own designs or formulas
- Companies linked to the PTEC that want to directly access the agreement's services
Practical example
An SME of 15 employees specializing in ventilated facade systems has developed its own anchoring method that reduces installation time by 30%. Until now, it had not registered the solution because it was unaware of the process and assumed it was expensive and complex.
With the OEPM-PTEC agreement active, this company can:
- Access through the PTEC a personalized information service that explains whether its development is patentable or if it fits better in a utility model (faster and more economical to process)
- Attend a training workshop where the application process is explained step by step
- Obtain a practical guide adapted to the construction sector to prepare technical documentation
The result: the company can start the protection process with specialized guidance at no initial external advisory cost, and protect an asset that gives it real competitive advantage against competitors who might copy its system.
What should companies do now?
- Identify if you have unprotected developments: review whether your company has created its own processes, materials, systems or designs that are not registered as a patent, utility model, trademark or industrial design.
- Contact the PTEC: the Spanish Technological Platform for Construction is the access channel to the agreement's services. If your company is linked to the sector, check what training or advisory activities are available.
- Request guidance from the OEPM: the Spanish Patent and Trademark Office provides information on which protection instrument best fits each type of innovation. The agreement strengthens this channel for the construction sector.
- Prioritize registration before disclosure: if you plan to present your innovation at trade fairs, procurement processes or publications, register first. Prior disclosure can invalidate patentability.
- Evaluate the utility model as a quick alternative: for innovations with lower technical complexity, the utility model is more accessible and faster to process than a full patent. The agreement's advisory services can help you decide.
Frequently asked questions
What does the OEPM-PTEC agreement offer to construction companies?
The agreement includes dissemination, training and advisory actions on patents, utility models, trademarks and industrial designs. Companies can access workshops, practical guides and personalized information services adapted to the construction sector.
Who can benefit from the agreement between the OEPM and the PTEC?
Construction companies, SMEs, startups and self-employed professionals in the construction sector and associated technological innovation that are linked to the Spanish Technological Platform for Construction (PTEC) can benefit.
When does the OEPM-PTEC agreement come into force?
The agreement came into force on April 24, 2026, the date of its signature. It was published in the BOE on May 5, 2026 through the Resolution of the Spanish Patent and Trademark Office.
What types of industrial property does the agreement cover?
The agreement covers four instruments: patents, utility models, trademarks and industrial designs. All of them applicable to innovations and developments of companies in the construction sector.
How can an SME in construction access the agreement's advisory services?
Through the Spanish Technological Platform for Construction (PTEC), which acts as an access channel to the OEPM's specialized guidance services, including workshops, practical guides and personalized information services.
Official source
Consult complete regulation in official sourceIMPORTANT: This content is informational and does not constitute legal advice. The information provided is based on the official regulation published in the BOE. For specific legal advice regarding your company's situation, consult with a qualified legal professional or industrial property agent. CambiosLegales is not responsible for the misuse or misinterpretation of this information.