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Spain

  • International Country Code:

    ES
  • Time Zone:

    UTC/GMT +01:00
  • Currency:

    Euro (€) (EUR)

Patent in Spain (non-PCT)

Spain
from 1400.00
Total Number of Claims
Number of Priorities
Pages for Publication
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  • Patent fees

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

  • The term for filing Spanish patent applications

The term for filing patent applications in Spain claiming priority is 12 months from the date of priority. Restoration of a priority right is not possible.

  • Minimal requirements for filing patent applications in Spain

To obtain the filing date a patent application in Spain should contain:
- request to grant a patent, containing data of the applicant;
- description, claims, abstract of the invention and drawings (if necessary) in Spanish;
- confirmation of payment of the filing fee, prior art search fee and grant fee.

  • Language of the Spanish patent application

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

  • Priority document

The certified copy of the priority application translated into Spanish must be provided to the Spanish Patent Office within two months from the date of filing a patent application.

  • 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 filing of a patent application.

  • 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 in the filing fee. Patents in Spain are in force for twenty years from the 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 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 patent prosecution in Spain through an agent, a registered Spanish patent attorney.

  • Notes

1. Online Search databases: Spanish Patents, European Patents (EPO).
2. Patent protection in Spain may also be obtained via European Patent and its further validation in Spain.
3. Inventions may also be protected as Utility Models in Spain.

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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