• 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

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

• Filing requirements in Spain

The official language of a patent application in Spain is Spanish. While the application must be filed in Spanish, the description and claims can be submitted in another language. However, the applicant must provide a translation into Spanish within 2 months from the filing date.

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

It is recommendable to submit the  Power of Attorney at the time of filing the application in order to avoid an Office Action issued in this respect.

• Examination of a Spanish patent application

A prior art search must be requested, and the corresponding fee must be paid at the time of entering the PCT national phase in Spain. Patent applications in Spain undergo 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. It is possible to accelerate the procedure in case of payment of examination fees at the time of filing.

• 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 Convention relating to International Exhibitions (1928).

• Grant, validity term and maintenance fees

The official grant fee is included in 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 third one. Annuities for the years which have expired or begun on the date of patent grant should be paid within three months from the publication of grant. 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% respectively.

• Duration of registration procedure

The average processing time from filing to grant of a patent in Spain is approximately 21 months or 12-15 months in case of accelerated procedure.

• Utility model

Entering the PCT national phase in Spain as a utility model is possible.

• Representation by a patent attorney

For an applicant 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.

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.