Guide for Spanish Patent Application Process

Patent Trademark

Spain Profile

Spain, officially the Kingdom of Spain, is a sovereign member state of the European Union. It is located on the Iberian Peninsula in southwestern Europe. It is bounded by the Mediterranean Sea to the east and south, with only a small part bordered by Gibraltar, France, Andorra and the Bay of Biscay to the north and norRead more

Spain Profile

Spain, officially the Kingdom of Spain, is a sovereign member state of the European Union. It is located on the Iberian Peninsula in southwestern Europe. It is bounded by the Mediterranean Sea to the east and south, with only a small part bordered by Gibraltar, France, Andorra and the Bay of Biscay to the north and northeast, and Portugal and the Atlantic Ocean to the west and northwest. Spain is a constitutional monarchy with a democratic parliamentary system.

Spanish Intellectual Property Legal System

  • "trademark law"
  • "Patent Law"
  • "Semiconductor Product Layout Design Protection Law"
  • "Designs Act"
  • "Amendments to the Patent Law Based on the Change of the European Parliament and the EU Directive on the Protection of Biotechnology Inventions"
  • The Plant Variety Protection Act

International Organization/Agreement

  • Beijing Treaty on Audiovisual Performances
  • Brussels Convention on the Sending of Program Signals for Satellite Transmissions
  • Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration
  • Nairobi Treaty for the Protection of the Olympic Emblem
  • Patent Law Treaty
  • WIPO Copyright Treaty
  • WIPO Performances and Phonograms Treaty
  • Singapore Treaty on the Law of Trademarks
  • Trademark Law Treaty
  • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • Patent Cooperation Treaty
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  • The Strasbourg Agreement on the International Patent Classification
  • Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
  • Locarno Agreement Establishing an International Classification for Industrial Designs
  • "Convention Establishing the World Intellectual Property Organization"
  • Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks
  • Hague Agreement Concerning the International Registration of Industrial Designs
  • Madrid Agreement on the International Registration of Marks
  • Madrid Agreement for the Repression of False or Deceptive Indications of Origin of Goods
  • Berne Convention for the Protection of Literary and Artistic Works
  • Paris Convention for the Protection of Industrial Property
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Filing Language
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申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

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 Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Spanish Translation
  3. Viability Statement of Microorganism and Spanish Translation
  4. Certified Priority Document
  5. Declaration of Ownership/Certification of Employment/Assignment of Priority
  6. Assignment for Patent Right Transfer
  7. Notification issued by CNIPA notify the applicant the application has passed through the security review

 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and Spanish Translation
  6. Viability Statement of Microorganism and Spanish Translation
  7. Declaration of Ownership/Certification of Employment/Assignment of Priority
  8. Assignment for Patent Right Transfer

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.

发明专利、实用新型及外观设计进入国家申请流程