Fees associated with filing industrial design applications in Spain as well as other design fees are available in the fee calculator.
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Multiple design application
Multiple design applications are possible in Spain.
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Filing requirements of a design application in Spain
The official language of the Spanish Patent and Trademark Office is Spanish. It is not possible to file the application in any other language.
To obtain the filing date, an industrial design application in Spain should contain:
- a request to grant a patent, containing data on the applicant;
- representation of the design;
- the description, if necessary;
- confirmation of the filing fee payment.
A certified copy of the Priority Document and its Spanish translation must be filed within three months from the date of filing the design application in Spain.
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 requesting submission of POA (additional fee applies).
The term for filing design applications in Spain claiming priority is six months from the priority date. This term is not extendable.
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Examination of a design application in Spain
The application is checked as to compliance with the formal requirements. A substantive examination is not stipulated for industrial design applications in Spain.
There is a provision regarding the exhibition priority of industrial design applications. This 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 the Paris Convention, prior to six months from filing the application.
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Grant, validity term and design renewal fees
An industrial design patent in Spain is valid for five years from the date of filing, and can be renewed for five-year periods, up to a maximum term of 25 years. Renewal should be requested before the expiration of the current five-year term.
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Duration of registration procedure
The time between the filing of an industrial design and granting of the same can take as little as 3 days if the application process goes smoothly. It may take up to 5 months in some cases.
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Representation by a patent attorney
For a person not residing in the European Union, it is necessary to perform industrial design registration in Spain through an agent, a registered Spanish patent attorney.
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 VILCHES Y ASOCIADOS on 18.03.2024
Please contact us if the above information is not in conformity with Spanish IP Laws.