PATENT FILING IN SPAIN

Spain is a sovereign state located in Southwestern Europe. Its economy is the 14th largest globally and the 5th largest in the European Union. Spain joined WIPO in 1970 and later became a member of the European Patent Office (EPO) in 1986. According to the World Bank’s latest ratings, Spain ranks 32nd among 190 economies in ease of doing business.

Spain’s expanding economy, coupled with strong governmental support, has contributed to increased patent filing activity over recent years. With this positive momentum, GPF is dedicated to offering a one-stop solution for all patent filing requirements in Spain—ensuring efficient, prompt, and accurate filing, including translation services wherever necessary.

GPF, along with Khurana and Khurana, Advocates and IP Attorneys (K&K), has extensive experience in Patent Filing and Prosecution under Spanish Patent Law and can provide comprehensive hand-holding throughout the complete prosecution lifecycle.

High Level Cost Estimate for Filing
Description
Price
Official Fee
€ 74.92
Attorney Fee
€ 500
Translation Fee
As applicable
Total
€ 574.92 Applicable Translation Fee
Documents Required
  • Details of PCT application
Filing to Grant Procedure
1
STEP 1 : FILING

A patent can be filed in Spain as any of the following formats in Spanish:

  • Paris Convention based national entry.

  • PCT National Phase based national entry.

2
STEP 2 : EXAMINATION

  • Request for examination has to be made within 15 months from the international filing date.

3
STEP 3 : PROSECUTION

  • At the time of examination, the Patent Office issues the Examination Report (FER) / Office Action containing objections or requirements, and the response must be filed within 2 months from the date of issuance.

4
STEP 4 : PUBLICATION

  • Publication of Spanish patents is done within 18 months of the priority date.

5
STEP 5 : GRANT

  • Annuity for the 3rd year onwards is to be paid after grant of the patent. Protection of the patent is for 20 years from the International Filing Date.