HomeIP-GuideSpain General informationInvention (PCT National Phase) Spain

Spain

  • International Country Code:

    ES
  • Time Zone:

    UTC/GMT +01:00
  • Currency:

    Euro (€) (EUR)

Spanish PCT national phase entry

Spain
from 1470.00
Total Number of Claims/PCT
Number of Priorities
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  • Patent fees

Fees associated with Spanish PCT national phase entry as well as other patent fees are available in the fee calculator.

  • Deadline for the PCT national phase entry in Spain

Time limit for PCT national phase entry in Spain is 30 months from the date of priority. This term is not extendable.

  • Minimal requirements for entering the PCT national phase

To obtain a filing date the patent application based on PCT in Spain should contain:
- request to grant a patent, containing data of the applicant;
- international application materials in Spanish;
- confirmation of payment,of the filing fee, prior art search fee and grant fee.

  • Language of  Spanish patent application

The official language of  Spanish patent application is Spanish. It is not permitted to file an application in any other foreign language.

  • Power of Attorney requirements

Submission of a Power of Attorney is not mandatory in Spain unless it is requested by the Spanish Patent and Trademark Office.

  • Prior art search

Prior art search has to be requested, and the corresponding fee has to be paid at the time of entering the PCT national phase in Spain.

  • Examination request

Patent applications in Spain udergo formal and substantive examinations. The request for substantive examination should be submitted within three months from the publication of the report on prior art search.

  • Novelty grace period

A Spanish patent application may be filed within six months after the disclosure at an official or officially recognized international exhibition or when such a disclosure was made in bad faith by any third party. The exhibition must fall within the terms of the the Convention relating to International Exhibitions (1928).

  • Grant, validity term and patent maintenance

Official grant fee is included into the filing fee. Patents in Spain are in force for twenty years from the international filing date. Annual fees are due each year starting from the 3rd one. Annuities for the years which have expired or begun on the date of granting of the patent should be paid within three months from the publication of granting. The succeeding annuities should be paid within three months after the due date, i.e. the last day of the month in which the anniversary of the international filing date occurs. There are two further grace periods of three months during which annuities may be paid with a surcharge of 25% and 50% correspondingly.

  • Representation by a patent attorney

For a person not residing in the European Union, it is required to perform the Spanish PCT national phase entry through an agent, a registered Spanish patent attorney.

  • Notes

1. Online Search databases: Spanish Patents, European Patents (EPO).
2. PCT application may also be nationalised in Spain via European PCT national stage and its further validation in Spain.
3. Entering the PCT national phase in Spain as a utility model is possible.

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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