申请流程 Application Process Flow
发明专利申请流程 Invention
Spanish National Register of Industrial Property
English: Spanish Patent and Trademark Office, Abbreviation: OEPM
Website: www.oepm.es
Spanish Invention Patent Search: Oficina Española de Patentes y Marcas (oepm.es)
Filing Language: Spanish | |
| via Paris Convention | via Nationalization of PCT |
Necessary documents:
| Necessary documents:
|
Attachments (if any)
| Attachments (if any)
|
20 years
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
- via Validation of European Patent in EPO member states: within 3 months from the date of grant of the European patent.
OEPM conducts formality examination and substantive examination for invention patent applications. The applicant needs to file the prior art search request at the same time as the application, and file the request for substantive examination within 3 months from the publication of the prior art search report. If the examination fee is paid at the same time as the application, the examination progress can be accelerated.
The novelty grace period of 6 months before the filing date/priority date is available in the following cases:
- Publicity resulting from presentation of an invention at an official or officially recognized international exhibition.
- Malicious disclosure by a third party.
1.5-3.5 years
- Grant Fee: None.
- Annuity: Annuity should be paid year by year starting from the 3rd year from the filing date. The applicant shall pay the annuity within 3 months from the date of granted. The due date of the annuity is the last day of the month of the filing date, and the annuity can still be paid within 3 months after the date expires, and no penalty. There are two 3-month late payment deadlines. If the applicants pay the annuity within the 3-month late payment period, 25% of the annuity of the current year is required to be paid as a penalty; if the applicants pay the annuity within the 6-month penalty period, 50% of the annuity of the current year is required to be paid as a penalty.
Yes. Patent Office accepts "due care" requests for restoration of the right of priority.
Yes
Yes. Patent Invention may be converted into a Utility Model Application before the end of the substantive examination.
实用新型申请流程 Utility Model
Spanish National Register of Industrial Property
English: Spanish Patent and Trademark Office, Abbreviation: OEPM
Website: www.oepm.es
Spanish Utility Model Patent Search: Oficina Española de Patentes y Marcas (oepm.es)
Filing Language: Spanish | |
| via Paris Convention | via Nationalization of PCT |
Necessary documents:
| Necessary documents:
|
Attachments (if any)
| Attachments (if any)
|
10 years
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
OEPM conducts formality examination and substantive examination for utility model patent applications, and the standard of creativity is relatively low. (Compounds can also apply for utility models from April 1, 2017)
The novelty grace period of 6 months before the filing date/priority date is available in the following cases:
- Publicity resulting from presentation of an invention at an official or officially recognized international exhibition.
- Malicious disclosure by a third party.
- Grant Fee: None.
- Annuity: Annuity should be paid year by year from the 3rd year from the filing date. The applicant shall pay the due annuity within 3 months from the date of granted. The due date of the annuity is the last day of the month of the application date, and the annuity can still be paid within 3 months after the date expires, and no penalty. There are two 3-month late payment deadlines. If you pay within the 3-month late payment period, 25% of the annuity of the current year is required to be paid as a penalty; if you pay within the 6-month penalty period, 50% of the annuity of the current year is required to be paid as a penalty.
12-14 months
Yes. Patent Office accepts "due care" requests for restoration of the right of priority.
Yes. Utility Model application may be converted into a Patent Invention Application before the utility model patent application is granted.
Yes
外观设计申请流程 Design
Spanish National Register of Industrial Property
English: Spanish Patent and Trademark Office, OEPM
Website: www.oepm.es
Spanish Design Patent Search: Oficina Española de Patentes y Marcas (oepm.es)
| Filing Language: Spanish |
Necessary documents:
|
Attachments (if any):
|
5 years, renewable 4 times, up to 25 years.
- via Paris Convention : 6 months from earliest priority date.
- via EU Community Design: 6 months from the earliest priority date.
- via Hague System: 6 months from earliest priority date.
OEPM only conducts formality examination of design patent applications, and does not conduct substantive examination for novelty and uniqueness.
The novelty grace period is 6 months before the filing date/priority date. The designer discloses information about the design at an official exhibition in Spain or any member state of the Paris Convention, which does not lose novelty.
- Grant Fee: None.
- Annuity: Annuity should be paid year by year from the 1st year from the filing date. The next renewal request is submitted before the expiration of each 5-year period, that is, the annuity is paid in the 6th, 11th, 16th and 21st years from the filing date.
1-2 months
No
Yes
Yes. Multiple designs may be included in one design application.
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