Fees associated with filing patent applications in Spain as well as other patent fees are available in the fee calculator.
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Term for filing a patent application in Spain
The term for filing a patent application claiming priority in Spain is 12 months from the date of priority. Restoration of the priority right is not possible.
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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 in Spain should contain:
- a request to grant a patent, containing data of the applicant;
- the description, claims, abstract of the invention and drawings (if necessary) in Spanish;
- confirmation of payment of the filing fee and prior art search fee.
A certified copy of the Priority Document translated into Spanish must be provided to the Spanish Patent and Trademark Office within two months from the date of filing. However, providing a certified copy of the previous application or the translation into Spanish is not necessary if such copy or translation is already in the files of the Spanish Patent and Trademark Office or is available in a digital library accepted by the Office.
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.
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Examination of a Spanish patent application
A prior art search must be requested, and the corresponding fee must be paid at the time of filing a patent application. 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 prior art search report. It is possible to accelerate the procedure in case of payment of examination fees at the time of filing.
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).
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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 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 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% respectively.
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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.
Inventions may also be protected as Utility Models in Spain.
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Representation by a patent attorney
For applicants not residing in the European Union, it is required to perform the patent prosecution in Spain through an agent, a registered Spanish patent attorney.
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.
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