Intellectual Property Lawyer in Spain for Tech Companies

Your code, your brand and your content are your most valuable assets. Are they protected?

We protect and manage the intangible assets of tech companies: software, trademarks, patents, industrial designs and AI-generated content. Strategic advice on registering, exploiting and defending intellectual and industrial property.

Request a free initial assessment. We’ll review your intangible assets, identify risks and propose a protection strategy tailored to your business.

No commitment · We reply the same day

YEARS OF EXPERIENCE

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CLIENTS ADVISED

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PROJECTS COMPLETED

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PRACTICE AREAS

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WHAT SETS US APART

We Understand the Value of What You Create

We reply the same day

INTELLECTUAL PROPERTY LEGAL SERVICES

What Does Your Company Need?

We protect the intangible assets of tech companies with strategic advice on registering, exploiting and defending intellectual and industrial property.

Software and technology development

We advise on the ownership, assignment and licensing of source code, APIs and technology developments. We draft development contracts that clearly define who owns the resulting software and on what terms it can be exploited.

Brand strategy and registration of intangible assets

We handle the registration of trademarks, trade names, patents and industrial designs with the Spanish Patent and Trademark Office (OEPM) and the EUIPO. We design brand protection strategies adapted to digital environments and international markets.

Rights in AI-generated content

We analyse the ownership and protection of content generated with artificial intelligence: text, images, music and code. We advise on the rights of the prompt engineer, the model developer and the end user under the law in force.

Defence against technology infringements

We act against intellectual and industrial property infringements in the digital environment: software copying, unauthorised use of trademarks, content scraping, reverse engineering and unfair competition on technology platforms.

IP licensing and exploitation

We design software licensing models (SaaS, on-premise, open source), rights assignment agreements, co-development agreements and structures for the commercial exploitation of intangible assets.

SECTORS AND COMPANIES

Does Your Company Create or Manage Intangible Assets?

We protect the intellectual property of companies in the following sectors.

SaaS and Platforms

Large-scale processing of user data

Fintech

Financial data and credit scoring

Digital Health

Clinical and patient data

eCommerce and Marketplaces

Purchase and behavioural data

Startups and Scaleups

Scaling with data from day one

PROCESS AND TIMELINES

How We Work

From the first call to compliance, in 4 steps

1 –

Initial assessment

We audit your intangible assets: software, trademarks, patents, content and know-how. We identify what is protected, what should be and what infringement risks exist. Free of charge and with no commitment.

2 –

Risk assessment

We identify specific risks: unclear ownership of code developed by third parties, unregistered trademarks, use of open source libraries with restrictive licences and AI-generated content without clear protection.

3 –

Compliance plan

We design the protection strategy: trademark and patent filings, development and assignment contracts, licensing policies, confidentiality agreements and protocols to defend against infringements.

4 –

Ongoing support

We look after your IP portfolio on an ongoing basis: registration renewals, infringement watch, contract updates and adaptation to regulatory changes in intellectual property and technology.

REVIEWS AND RATINGS

What Our Clients Say

Reviews from real clients and companies about our intellectual and industrial property services.

Marta combines impeccable professionalism with a remarkable ability to explain complex legal concepts in simple terms...

Impeccable personal attention, availability and human touch. Broad knowledge and experience in the sector. Outstanding at solving problems. 100% recommended...

I have no words to express my sincere gratitude. Marta is a very dedicated and empathetic professional. She also works fast...

Thank you so much, Marta, for your invaluable advice. Without your knowledge of NFT technology in the art market, a new and promising field but one exposed to a lot of fraud, I would have got myself into serious trouble. Marta …

REGULATORY FRAMEWORK

Intellectual and Industrial Property in Spain and the EU

The Spanish Intellectual Property Act (Royal Legislative Decree 1/1996) protects original literary, artistic and scientific creations, including software as a literary work. Protection arises upon creation, with no need for registration, although registering with the Intellectual Property Registry strengthens the owner’s position as evidence.

The Trademarks Act (Law 17/2001) and the Patents Act (Law 24/2015) govern industrial property in Spain. At EU level, the EU Trade Mark Regulation and the harmonisation directives set the framework. The OEPM (Spanish Patent and Trademark Office) and the EUIPO (European Union Intellectual Property Office) are the competent offices for registration.

Regarding AI, Directive (EU) 2019/790 on copyright in the Digital Single Market regulates text and data mining for training models. Ownership of AI-generated content is an evolving issue, with no settled specific legislation in Spain.

FAQ

Frequently Asked Questions on Intellectual Property in Technology

Who owns software developed by an employee or a freelancer?

If the software is developed by an employee in the course of their duties, the exploitation rights belong to the employer unless otherwise agreed (Article 97.4 of the Spanish Intellectual Property Act). If a freelancer develops it, ownership depends on what the contract says. Without a clear contract, the developer keeps the rights, which can lead to serious disputes.

Can I patent software in Spain?

Software as such is not patentable in Spain or in Europe. However, if the software solves a technical problem with a technical effect beyond the mere interaction with a computer, it may be protected as part of a computer-implemented invention. Each case requires a specific technical and legal analysis.

Is AI-generated content protected by intellectual property?

In Spain, the Intellectual Property Act requires human authorship for protection. According to the prevailing view, content generated entirely by AI without creative human input is not protected by intellectual property. However, if there is a significant creative human contribution (selection, editing, complex prompt engineering), partial protection could be argued. The question has not been definitively settled.

What are the risks of using open source libraries in my commercial product?

It depends on the licence. Permissive licences (MIT, Apache, BSD) allow use in proprietary software with few restrictions. Copyleft licences (GPL, AGPL) require derivative code to be distributed under the same licence, which may force you to open your source code. Using AGPL code in a SaaS without complying with the licence is an intellectual property infringement.

How do I protect a tech business idea?

Ideas as such cannot be legally protected. What is protected is their concrete expression (code, design, text) through intellectual property, the brand through registration, and confidential information through NDAs. The most effective approach is to protect each layer of the business with the right legal tool before sharing information with third parties.

How much does it cost to register a trademark in Spain and in the EU?

Since 1 April 2026, the official fee for filing a Spanish trademark with the OEPM is EUR 127.88 for the first class and EUR 82.84 for each additional class when filed online (EUR 150.45 and EUR 97.48 on paper). An EU trade mark application with the EUIPO costs EUR 850 for one class, EUR 50 for the second and EUR 150 for each additional class. Processing time depends mainly on whether there are oppositions.

PROTECT YOUR ASSETS

Request a free initial assessment and receive a review of your intangible assets, the risks detected and a tailored protection strategy.