HomeIP-GuideSpain General informationIndustrial Design Spain

Spain

  • International Country Code:

    ES
  • Time Zone:

    UTC/GMT +01:00
  • Currency:

    Euro (€) (EUR)

Industrial Design registration in Spain

Spain
from 824.00
Number of Priorities
Number of Designs
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  • Design fees

Fees associated with filing industrial design applications in Spain as well as other design fees are available in the fee calculator.

  • The term for filing the design applications

The term for filing the design applications in Spain claiming priority is six months from the priority date. The term is not extendable.

  • Multiple design application

Multiple industrial design application is possible in Spain.

  • Minimal requirements for filing design application in Spain

To obtain the filing date an industrial design application in Spain should contain:

- request to grant a patent, containing data on the applicant;
- representation of the design;
- description, if necessary;
- confirmation of the 
filing fee payment.

  • Validity term

An industrial design patent in Spain is valid for five years from the date of filing and can be renewed for 5-year periods up to a maximum term of  25 years.

  • Requirements to the Power of Attorney

A non-legalized Power of Attorney is required in Spain. It must be submitted simultaneously with filing or within one month from the notification of the Office Action by paying the surcharge.

  • Priority document

Certified copy of the priority document and its Spanish translation must be filed within three months from the date of filing the Spanish design application.

  • Examination of a design application in Spain

The design application is checked if it meets the formal requirements. The substantive examination is not stipulated for industrial design applications in Spain.

  • Grace period

There is a provision regarding the exhibition priority about the industrial design application which is applied if the information about the industrial design is disclosed by the author at the official exhibition of Spain or any other member-state of Paris Convention before six months from filing the application.

  • Representation by a patent attorney

For a person not residing in the European Union, it is required to perform the industrial design prosecution in Spain through an agent, a registered Spanish patent attorney.

  • What can be registered

Three-dimensional elements, like the shape of a product; two-dimensional elements, like figures, lines or the colour of a product; a combination of the previous elements can be registered as an Industrial design in Spain.

  • What cannot be registered

Technical and functional solutions are not protected by design patent in Spain.

  • Notes

1. Online Search databases: Spanish Industrial Designs, Community Designs (EUIPO), International Designs.
2. The industrial design protection in Spain may also be obtained via registration of a Community Design.

Brief summary is based on the information provided by IGLOBAX on 15.02.2019
Please contact us if the above information contains any discrepancies with Spanish IP Laws.

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