Patent Filing in Spain
File your PCT national phase application in Spain with the Spanish Patent and Trademark Office (OEPM) through AnalystIP, within 30 months from the priority date. Every requirement below is taken from the WIPO PCT Applicant's Guide and kept up to date by our team.
When is your national phase deadline in Spain?
Enter the earliest priority date of your PCT application (or the international filing date if there is no priority).
Patent filing in Spain: key facts
Reinstatement of rights permitted under the 'due care' criterion; reasoned request, preferably supported by declarations or other evidence.
Reductions/exemptions available to Spanish public universities and entrepreneurs (per OEPM invention fees page).
20 years from the international filing date
Due after grant, for the 3rd and each later year after the international filing date.
Utility model protection is available.
Official fees for patent filing in Spain
Filing in several countries? Compare fees with other countries →
Standard official fees (general)
From the WIPO PCT Applicant's Guide, updated April 2, 2026. Amounts in EUR. Your exact fees depend on your application: use the calculator above.
| Fee | Amount | Notes |
|---|---|---|
| Filing fee (patents or utility models) | EUR 87.03 | Online; on paper: 102.39 |
| Reinstatement of rights | EUR 91.35 | Electronic payment; cash: 107.46 |
| Annex ES.I: Conversion between patent and utility model | EUR 8.94 | Online; on paper: 10.50 |
| Annex ES.I: Amendment | EUR 20.11 | Online; on paper: 23.65 |
| Annex ES.I: Request for examination | EUR 337.96 | Online; on paper: 397.61 |
Fee reductions: Reductions/exemptions available to Spanish public universities and entrepreneurs (per OEPM invention fees page). Refund of search report fee and substantive examination fee may apply where OEPM benefits from an earlier international search or examination.
National phase entry requirements
Time limit
30 months from the priority date (Article 22(1) and Article 39(1)(a); same for Chapter I and II)
Also available through the European Patent Office (31 months).
Translation
Under Article 22: description, claims (if amended, both as filed and as amended, plus any Article 19 statement), text matter of drawings, abstract. Under Article 39(1): description, claims, text matter of drawings, abstract; if amended, both as filed and as amended by the annexes to the IPER. Due within 30 months from the priority date; if missing, the Office invites filing within two months of the invitation.
Late entry and reinstatement
Reinstatement of rights permitted under the 'due care' criterion; reasoned request, preferably supported by declarations or other evidence; fee 91.35 EUR (electronic payment) or 107.46 EUR (cash)
Agent and power of attorney
Required if the applicant is neither resident in Spain nor in another EU country; any patent attorney on the Office's list may act
Special requirements of the office
- Inventor's name, if not given in the request (may be satisfied by a Rule 4.17 declaration)
- Instrument of assignment of the priority right if the applicants differ (may be satisfied by a Rule 4.17 declaration); not needed if the national phase entry form (Annex ES.II, Box 6) is used
- Instrument of assignment of the international application if the applicant changed after the international filing date
- Appointment of an agent if the applicant is not resident in Spain or the EU
Other information
- Office accepts restoration of priority by receiving Office and requests for restoration under 'due care'
- Copy of the international application not required in particular circumstances
- Colour drawings accepted
- OEPM strongly recommends its national phase entry form (Annex ES.II)
- Patent may be converted to utility model before substantive examination is complete; utility model to patent before grant
- Annual fees from 18.85 EUR for the 3rd year (Annex ES.I)
Source: WIPO PCT Applicant's Guide, national chapter, updated April 2, 2026.
What you need to file in Spain
A power of attorney is required.
An assignment document is required.
Filing requirements in detail
| Extension of the filing deadline | No |
|---|---|
| Late translation allowed | Yes |
| Article 19 amendments | Possible |
| Power of attorney | Yes |
| Assignment | Yes |
Patent filing in Spain: questions
What is the deadline for PCT national phase entry in Spain?
30 months from the earliest priority date.
Can I enter the national phase in Spain after the deadline?
Reinstatement of rights permitted under the 'due care' criterion; reasoned request, preferably supported by declarations or other evidence; fee 91.35 EUR (electronic payment) or 107.46 EUR (cash)
In which language must the application be filed in Spain?
Spanish. Under Article 22: description, claims (if amended, both as filed and as amended, plus any Article 19 statement), text matter of drawings, abstract. Under Article 39(1): description, claims, text matter of drawings, abstract; if amended, both as filed and as amended by the annexes to the IPER.
Do I need a local patent attorney in Spain?
Required if the applicant is neither resident in Spain nor in another EU country; any patent attorney on the Office's list may act
Is a power of attorney needed, and must it be legalized?
A power of attorney is required.
Are there official fee reductions in Spain?
Reductions/exemptions available to Spanish public universities and entrepreneurs (per OEPM invention fees page). Refund of search report fee and substantive examination fee may apply where OEPM benefits from an earlier international search or examination.
Is utility model protection available in Spain?
Utility model protection is available.
How much does patent filing in Spain cost?
The cost is the official fees of the patent office plus professional fees. The standard official fees from WIPO are listed on this page; the calculator works out the exact official fees for your application (pages, claims, applicant type) after a quick email check, and our team sends a full quote on request.
File in Spain with AnalystIP
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