Patent Filing Spain

Spain is one of the largest economies in the European Union and a strategically important jurisdiction for patent protection covering Southern Europe, Latin-influenced markets, and manufacturing-intensive industries. Entering the PCT national phase in Spain allows applicants to obtain patent protection under Spanish Patent Law No. 24/2015, administered by the Spanish Patent and Trademark Office (Oficina Española de Patentes y Marcas – OEPM).

Spain operates a full substantive Spain Patent Search System, providing strong legal certainty and enforceability. Spanish patents are routinely enforced before specialized commercial courts and are widely used for technology commercialization, licensing programs, manufacturing enforcement, and investment protection.

For international applicants seeking robust, court-tested patent rights in a major EU jurisdiction, Spain is a commercially and legally significant national phase destination.

Who is Eligible to file Patent in Spain

Any natural person or legal entity listed as an applicant in the PCT application may enter the Spanish national phase. There are no nationality or residency restrictions for filing an application 

Applicants without a residence or principal place of business in Spain or another EU/EEA member state must appoint a Spanish-qualified patent attorney or agent. AnalystIP coordinates with experienced Spanish patent professionals to ensure compliance, procedural efficiency, and strategic prosecution.

Ownership must match the application of PCT Filing, or be supported by a valid assignment.

Strict Deadline for Spain Patent Filing(30/31-Month Rule)

Spain applies a 30-month deadline from the earliest priority date for entry into the National Phase Filing from a PCT application.

This deadline is strictly enforced. Failure to enter the national phase within the prescribed period generally results in loss of patent rights in Spain, subject only to limited restoration mechanisms.

Extension or Restoration After Missing the Deadline

Spanish patent law allows restoration of rights if the applicant can prove that failure to meet the 30-month deadline occurred despite exercising all due care required by the circumstances.

Restoration requires:

• Filing a formal request for restoration
• Payment of official restoration fees
• Submission of a detailed explanation with supporting evidence

Filing Language for Spain Patent Application

Patent applications in Spain must be filed in Spanish.

For PCT national phase entry:

• A full Spanish translation of the description, claims, abstract, and any text in Patent drawings is mandatory
• The Spanish text defines the legally enforceable scope of the patent

Accurate translation is critical for enforceability. AnalystIP manages professional technical translations to ensure legal precision and litigation readiness.

Required Documents to file a Patent in Spain

The following documents are required to enter the Spanish national phase:

• Copy of the PCT application (description, claims, drawings, abstract)
• International Search Report (ISR) and Written Opinion (if available)
• Spanish translation of the complete application
• Applicant and inventor details

• Power of Attorney (POA)
• • A simple signed copy is generally sufficient
  • No notarization, legalization, or apostille required unless requested

• Assignment document (if applicant differs from PCT filing)
  • Simple copy is usually accepted
  • Notarization is typically not required

No declaration of inventorship is required at Patent filing.

Spain Patent Search and Examination Procedure

Spain conducts a full substantive search and examination, covering:

• Novelty/Patentability Search
• Inventive step
• Industrial applicability
• Sufficiency of disclosure
• Unity of invention
  

A mandatory prior-art search report and written opinion are issued, forming the basis of substantive examination. This process ensures that granted patents have high legal certainty and enforcement value.

Examination Process and Office Actions

After the search report is issued and published, the application enters substantive examination upon request. The OEPM may issue office actions raising objections relating to:

• Lack of novelty or inventive step
• Claim clarity or support
• Added subject matter
• Excluded subject matter

Applicants must respond within statutory deadlines by submitting arguments and/or amended claims. Failure to respond results in refusal.

Deadline for Request for Examination

A request for substantive examination must be filed within 3 months of the publication of the Spanish search report.

Failure to request examination within this deadline results in the application being deemed withdrawn.

Publication Process and Legal Impact

Spanish patent applications are published

• 18 months from the priority date, or
• Earlier upon request

Publication provides:

• Public notice of the application
• Provisional protection rights (reasonable compensation may be claimed after grant)
• Increased transparency for licensing and investment negotiations

Full enforceability begins only after the grant.

Grant Process and Enforceability

Once all examination requirements are satisfied, the patent is granted and recorded in the Spanish Patent Register.

Upon grant:

• The patent becomes fully enforceable
• Spanish courts may grant injunctions, damages, and the destruction of infringing goods
• Border measures and customs enforcement are available under EU law
  

Spain has specialized commercial courts experienced in patent litigation, making it a strong enforcement jurisdiction.

Validity Term

A Spanish patent is valid for 20 years from the international filing date, subject to payment of annual renewal fees.

Supplementary Protection Certificates (SPCs) are available for pharmaceuticals and plant protection products under EU regulations.

Typical Time to Obtain a Patent in Spain

The average time from national phase entry to grant in Spain is approximately:

• • 3 to 5 years

The timeline depends on examination complexity and the number of office actions.

Annuities and Maintenance Procedure

Annual renewal fees are payable starting from the 3rd year, calculated from the international filing date.

Late payment is permitted within a grace period with a surcharge. Failure to pay annuities results in lapse of the patent.

Official Government Fees for Spain Patent Filing (Indicative)

Filing Fees (EUR)

Spain Patent Search & Examination Fees

Grant and Publication Fees

Annuity Fees (Approximate)

Utility Model Protection in Spain

Spain does provide utility model protection, commonly used for mechanical and incremental inventions.

Key features:

• Faster registration
• Lower official fees
• Maximum term of 10 years
• Limited substantive examination
  

Utility models are frequently used as a cost-effective enforcement tool alongside patents.

Spain Patent Office & Official Website

Spanish Patent and Trademark Office (OEPM)
Official Website: Spain Patent Office