This website uses cookies. Learn more.
ACCEPT
en/blog/patent-registration-in-spain-protecting-your-intellectual-property/
4
Array ( [0] => en [1] => blog [2] => patent-registration-in-spain-protecting-your-intellectual-property [3] => )
en/blog/patent-registration-in-spain-protecting-your-intellectual-property/
Home   Blog   Patent Registration in Spain: Protecting Your Intellectual Property

How to start?

1
Within minutes, create a request with an AI assistant and receive offers from dozens of local IP attorneys
2
Review offers, compare them, and select the most suitable option. Complete your transaction securely
3
Stay informed on the progress and communicate with your attorney through the platform until the process is complete
Start protecting NOW

Patent Registration in Spain: Protecting Your Intellectual Property

By Javier Serrano Irurzun, Bamboo.legal

 

Patents are essential tools for protecting intellectual property, fostering innovation, and securing exclusive rights over new inventions. If you have developed a novel product or process, you might want to register a patent in Spain to protect your creation from unauthorized use. This article will provide a comprehensive overview of the patent registration process in Spain, detailing what can be patented, reasons for application refusal, the registration steps, required documents, the opposition process, associated costs, and the benefits of filing a patent in Spain.

Contents

 

1. What Can Be Registered as a Patent in Spain?

2. Reasons for Refusal of a Patent Application in Spain 

3. The Patent Registration Process in Spain

4. Documents Required for Patent Registration in Spain 

5. Patent Opposition Process in Spain

6. Patent Costs in Spain

7. Why File a Patent in Spain?

8. Conclusion

1. What Can Be Registered as a Patent in Spain?

 

In Spain, patents are granted for inventions that are new, involve an inventive step, and are susceptible to industrial application. This includes products, processes, machines, and new uses of existing products or processes.

 

Novelty: To qualify as new, the invention must not be part of the state of the art, which encompasses everything made available to the public (by a written or oral description, by use or by any other means) before the filing date of the patent application, anywhere in the world.

 

Inventive Step: An invention involves an inventive step if it is not obvious to a person skilled in the relevant technical field. It must demonstrate a sufficient level of innovation beyond what is currently known.

 

Industrial Application: The invention must be capable of being made or used in some kind of industry, which includes agriculture.

 

These requirements are cumulative. This means, for instance, that an invention can be new (if what is claimed by the applicant is not exactly part of the state of the art because there is no proper disclosure of such specific claim/s) but lack of inventive step (if, notwithstanding the novelty of the invention, the examiner considers that the person skilled in the art will consider such invention obvious in view of prior art). In such cases, the invention is still not patentable.

 

It is also important to note that anything made available to the public before the date of filing of the new patent application is considered state of the art regardless if it was or has been patented or not. In other words, not just patent literature is relevant for assessing the novelty and inventive step of a new patent application. 

Global Trademark & Patent Registration
AI-powered assistance, free global searches, and top IP experts worldwide - all at flat fees with guaranteed security and cost efficiency

2. Reasons for Refusal of a Patent Application in Spain

 

Several factors can lead to the refusal of a patent application in Spain:

 

Lack of Novelty: If the invention is already known or forms part of the prior art, the application will be refused due to lack of novelty.

 

Obviousness: If the invention does not involve an inventive step and is considered obvious to someone skilled in the art, the application will be rejected.

 

Non-Patentable Subject Matter: Certain subjects cannot be patented in Spain, including scientific theories, mathematical methods, business methods, and software as such. Additionally, methods for treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body, are not patentable.

 

Insufficient Disclosure: The application must disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art. If the description is insufficient, the application will be rejected.

 

Non-compliance with formal requirements: for instance, not providing to the Spanish Patent and Trademark Office (OEPM) a description of the invention or not providing the complete details of the applicant.

 

Refusal can be total or partial, as a reason for refusal can sometimes affect to some of the claims but not to others. For instance, a specific feature of the invention can be anticipated by already-disclosed prior art, but maybe not the full invention as a whole.

3. The Patent Registration Process in Spain

 

Filing the Application

 

The patent application must be filed before the OEPM. It can be filed electronically or on paper. The application must include the description of the invention, claims, drawings (if necessary), an abstract, and the required fees. Also check how to register a trademark in Spain.

 

Formal Examination

 

The OEPM conducts a formal examination to ensure the application complies with formal requirements. This includes verifying that all required documents are included and that the fees have been paid.

 

International search report (IET)

 

The OEPM conducts an international search of the state of the art on patent and non-patent literature and performs an international search report named IET along with a written opinion on patentability. In the IET, the OEPM provides an opinion on whether the invention is new, has inventive step and has industrial application. The OEPM also indicates whether the description is not sufficiently clear and whether the invention lacks unity of invention (if it does not relate to one invention only or to a group of inventions which must be so linked as to form a single general inventive concept).

 

Publication

 

If the application meets the formal requirements, it will be published in the Official Bulletin of Industrial Property (BOPI) at least 18 months after the filing date. The publication includes the description, claims, and any drawings.

 

The applicant has the option of submitting observations in response to the IET within a deadline of 3 months from publication. The applicant also needs to request substantive examination within such a deadline and pay the examination fees, in the event it had not been requested and paid when the patent was filed.

 

Substantive Examination

 

After publication, a substantive examination is conducted to assess whether the invention meets the criteria of novelty, inventive step, and industrial application, in view of the written opinion given by the OEPM in the IET.

 

Grant or Refusal

 

If the substantive examination is favorable, the patent is granted. There is no grant fee.

If the examination reveals deficiencies despite the applicant’s observations to the IET, the applicant is given subsequent opportunities to respond and amend the application. Several iterations with the examiner in this stage are quite frequent. If the deficiencies are not resolved, the application will be refused.

Global Trademark & Patent Registration
AI-powered assistance, free global searches, and top IP experts worldwide - all at flat fees with guaranteed security and cost efficiency

4. Documents Required for Patent Registration in Spain

 

To register a patent in Spain, the following documents are required:

 

Application Form: The application form, available from the OEPM, must be completed with details of the applicant, inventor(s), and the invention. Although paper form is still possible, it is not frequent. Applications are normally filed online.

 

Description: Usually, the description includes an explanation on the field of the invention, known state of the art, a brief description of the invention, a brief description of the drawings, an explanation on the numeric references used in the drawings, and a detailed description of the invention.

 

Claims: The claims define the scope of the patent protection sought. They must be clear and concise.

 

Drawings: If necessary, drawings should be included to illustrate the invention.

 

Abstract: A brief summary of the invention, providing an overview of its technical aspects.

 

Power of Attorney: If the application is filed through a representative, a power of attorney must be included.

 

Regarding priority claim, it is normally sufficient to provide reference to the number of the prior patent claimed, country of filing and priority date. Only in the event that the OEPM considers that the priority claim is relevant for assessing the patentability of the invention, it will request the applicant to submit, within a deadline of 2 months, a certified copy of the priority patent issued by the office of origin, along with a Spanish translation if the original document was in a different language.

5. Patent Opposition Process in Spain

After a patent is granted, it can be opposed by third parties who believe that the patent should not have been granted. The opposition must be filed within 6 months from the publication of the grant. The grounds for opposition include lack of novelty, lack of inventive step, and insufficient disclosure. The OEPM will review the opposition, decide on the formal admissibility, and provide the owner of the patent a deadline of 3 months for filing a response. In case a response was filed, the OEPM will provide the opponent another deadline of 2 months to reply. The OEPM will then decide whether to maintain or revoke (totally or partially) the patent.

6. Patent Costs in Spain

 

The cost of registering a patent in Spain includes various fees:

 

Professional fee for filing  €285
Government fee for filing  €87,03
Government fee for requesting IET €593,65
Professional fee for requesting examination  €100
Government fee for examination  €337,96
Government fee for each priority claim €17,55

 

The patent registration cost in Spain via the iPNOTE platform starts from as low as $1,055, which includes all government fees and document preparation. Find the best IP attorney in Spain on iPNOTE.

7. Why File a Patent in Spain?

 

Filing a patent in Spain offers several advantages:

 

Market Protection

A patent provides exclusive rights to exploit the invention in Spain, preventing others from making, using, or selling the patented invention without authorization.

 

Revenue Opportunities

Patents can be licensed or sold, creating additional revenue streams.

 

Competitive Advantage

A patent can provide a competitive edge by protecting innovative products and processes from competitors.

 

Legal Protection

Patents offer legal protection and recourse in case of infringement, allowing patent holders to enforce their rights.

 

Incentives and Funding

Spain offers various incentives and funding opportunities for research and development activities, which can be leveraged by patent holders.

 

Spain as an important part of the EU

Spain’s gross domestic product represents 8.3% of the EU’s gross domestic product. It is a market within the EU to consider. Spain can be also considered as the European gate from and to LATAM, due to the language.

 

Relatively low fees

Government fees in Spain are not high. A patent can be granted paying just about €1.000,00 on government fees. There are also reductions on government fees to SMEs, entrepreneurs and universities.

Yearly renewals are not expensive either.

 

Subsidies and grants

Usually, there are subsidies and grants for patent applicants in Spain, as well as other countries in the EU, like the SME Fund offered yearly by the EUIPO. Government fees can be significantly decreased sometimes.

 

Spain has not ratified the Agreement on the Unified Patent Court

Spain is not part of the unitary patent system. This means that, after a European patent is granted before the EPO, a request of unitary effect will not comprise Spain and a separate validation in Spain is needed. Direct filing before the OEPM is an option to consider.

8. Conclusion

 

Registering a patent in Spain is a strategic step to protect and commercialize your inventions. The process involves several stages, including filing, examination, and publication, along with the possibility of opposition from third parties. Understanding the requirements, costs, and benefits of patent registration in Spain is crucial for inventors and businesses looking to safeguard their intellectual property and capitalize on their innovations. By securing a patent in Spain, inventors can gain exclusive rights, enhance their market position, and drive growth through innovation.

 

***

 

Any questions about IP matters in Spain? Contact Bamboo.legal via iPNOTE now.

 

Protect your IP in Spain on iPNOTE now.

 

Check your trademark protectability through our AI patent search tool.

 

Sign up for free, and we’ll help you solve any IP-related problem.

Other posts

Unitary Patent System: Simplified IP Protection in Europe
Streamlined Global Patent Protection: Navigating the PCT Process in Poland
How International Treaties Impact IP Protection in Mexico
Declaration of Use for Your Trademark in Mexico: Step-by-Step Guide
The Importance of Design Protection in France for Businesses
Navigating the Design Registration Process in Mexico: Tips for Success
Design Registration in the Philippines: Exploring Costs and Benefits
Understanding Patent Registration in Latvia: A Step-by-Step Approach
Navigating IP Challenges in the Telecommunication Sector in India
Patent Acceleration Programs in Israel: The Ultimate Guide
What You Need to Know About Copyright Law in Mexico
Trademark Laws in Spain: How to Secure Your Brand’s Legal Protection
Understanding the Trademark Registration Process in Mongolia: What You Need to Know
Filing a PCT National Phase Application in India: Key Deadlines and Strategic Tips
Understanding the Basics of Intellectual Property in Mexico: A Guide for Businesses
How to Register a Design in Poland: A Complete Guide to Protecting Your Unique Creations
Everything You Need to Know About Registering a Patent in Greece
The Pillars of Protection – Navigating the Pharmaceutical Patent Process in Brazil
Understanding Trademark Registration in France: Costs, Requirements, and Benefits
How to Register a Patent in Israel: A Step-by-Step Guide for Innovators and Entrepreneurs
Top Reasons to File Your Design in Estonia: Benefits and Costs Explained
The Intricacies of IT Patent Registration in China: Legal Framework
Patent Registration in Indonesia: Step-by-Step Process for Global Innovators
Trademark Registration in Switzerland: Everything You Need to Know
Design Registration in Israel: A Comprehensive Guide
Trademark Opposition in Mexico: Effective Strategies
Design Registration in South Korea: A Detailed Overview
Trademark Registration in the Philippines: Legal Requirements
Benefits of Design Registration in Singapore for Competitive Market Edge
Utility Model Registration in India: Opportunities and Challenges
How to Register a Trademark in Israel: Requirements and Costs Explained
Why Design Registration in Bulgaria is Essential for Creators and Businesses
Comprehensive Guide to Trademark Registration in Cyprus: Protect Your Brand with Confidence
Design Registration in Lithuania: Your Gateway to European Markets
Navigating Brazil’s Updated Transfer Pricing Rules for Royalties
Patent Registration in Mexico: Key Aspects and Benefits
A Deep Dive into the Pros and Cons of AI Search Tools vs. Manual Methods in IP
Trademark Registration in Latvia: Key Steps and Requirements
Securing Your Design: A Guide to Registration in Italy
Entertainment Law Essentials: Protecting Creativity and Ensuring Fair Practices
Design Registration in the UK: The Legal Landscape, Insights and Tips
Trademark Registration in Singapore: Understanding the Costs and Fees
Design Registration in Greece Explained: From Concept to Protection
Understanding the Difference Between TEAS+ and Regular Trademark Applications in the US
The Journey of Patent Registration in China: Capitalizing on Creativity
The Ins and Outs of Patent Registration in Lithuania: What You Need to Know
Patent Annuities in India: Maximizing the Patent Value
Patent Registration in Italy Demystified: Master the Process
The Ultimate Guide to Amazon Brand Registry and Advanced Tools for Brands
Unlocking Trademark Registration in Greece: Essential Steps & Insights
Trademark Registration in Lithuania: Your Gateway to Legal Protection
Qatar Trademark Registration Essentials: A Must-Read for Businesses
Taiwan Trademark Application Made Simple: A Step-by-Step Guide
Knockout Trademark Search Tool: Boost Your Strategy With iPNOTE
Bulgarian Trademark Tactics: Empowering Businesses through Registration
AI vs. Attorneys: Unveiling the Best Approach to Patent and Trademark Searches
Track, Manage, Succeed: Navigating IP Rights with iPNOTE
Trademark Registration in Estonia: Protecting Your Brand’s Identity
Empowering Your Business: The Benefits of Trademark Registration in Jordan
Unlocking Growth: Why Startups Should Choose Brazil’s IP Landscape
Designing Success: A Deep Dive into Kuwait’s Design Registration Process
Intellectual Property Protection for Startups: Innovate, Secure, Conquer
Ensuring Brand Integrity: The Importance of Trademark Registration in Italy
Trademark Registration in Bangladesh: Key Insights for Success
Trademark Registration in New Zealand: Essential Insights for Business Owners
Unlocking Trademark Meaning: A Comprehensive Guide for Business Owners
Protecting Your Vision: Design Registration Essentials in Saudi Arabia
Navigating Patent and Trademark Searches: Manual vs. Attorney-Led Approaches
Trademark Registration in Papua New Guinea: Online Process and Foreigner’s Perspective
Navigating the Intellectual Property Seas: A Guide to Effective Portfolio Management
Trademark Meaning in Denmark: A Definitive Guide to Brand Identity
The Design Registration in Spain: Ink, Pixels, and Protection
A Guide to Design Protection in Jordan: Innovate, Register, Thrive
The Roadmap to Successful Design Registration in Egypt
Unlocking Business Success: The Invaluable Role of a Comprehensive Trademark Search
From Application to Registration: Mastering Trademarks in Oman
Navigating Design Registration in Bahrain: A Comprehensive Guide for Applicants
Trademark Security in OAPI: A Comprehensive Registration Manual
Mastering Design Registrations in India: From Concept to Protection
Beyond the Northern Lights: Unveiling the Trademark Registration Process in Norway
Trademark Registration in Morocco: From Search to Success
EPO Search Fee Refunds: A Strategic Perspective on Luxemburg Patents
Decoding Design Registration: A Deep Dive into Australia’s Intellectual Property Landscape
The Crucial Role of Online Patent Searches in Patent Application Success
An Overview of Trademark Registration Requirements in Argentina
Design Patents vs. Utility Patents: Understanding the Differences in the USA
Design registration in Serbia: Everything You Need To Know
Vietnam’s Patent Registration System: Key Considerations for International Applicants
Unlocking the Future: an AI-Powered Tool for Patent Search Excellence
iPNOTE’s Black Friday: Empowering Your Business with AI Solutions
The Ins and Outs of ARIPO Trademark Registration: A Complete Guide for Applicants
From Idea to Granting: The Process of Patent Registration in Saudi Arabia
Get Ahead of the Competition with Our AI Trademark Search Tool
Step-by-Step Guide to Trademark Registration in Serbia: From Search to Registration
Protecting Your Design in Iran: A Guide for Applicants
Securing Your Innovations: The Process of Patent Registration in Malaysia
7 Most Popular Questions about Accelerated Patent Examination in the USA
Why Registering a Trademark in Spain is Important
Design Protection Made Easy: How to Register in Vietnam
Navigating Trademark Registration in Egypt: A Complete Guide
Maximizing Protection: Trademark Registration in The Republic Of Armenia
Design Registration in the UAE: A Comprehensive Guide
Designs in Germany: A Helpful Tool for Artists and More
Strategic Trademark Registration: Insights from a Madrid System & Direct Filing Comparison
Trademark Registration in Mexico: What You Need to Know
iPNOTE: The Game-Changing Platform for Protecting Your Intellectual Property
The Pitfalls of A Re-Brand: Why It Can Be Dangerous to Change Names
Protecting Your Inventions: Why Germany’s Utility Model System is Worth Considering
Finding a Foreign IP Provider through iPNOTE: A Step-by-Step Guide
Understanding Trademark Search in Indonesia: Tips and Tricks
Finding the Right Attorney Made Easy with Technology Areas
Case Study: From $1,320 to $18,285: The Mystery Behind Patent Service Prices Unraveled
How to Get Offers Quickly and Optimize Your Daily Work
Patent Landscape in India: An Analysis of Trends and Opportunities
Utility Model Registration in Brazil: Everything You Need to Know
Trademark registration in Peru: An Essential Guide
Trademark registration in Germany: A Comprehensive Guide
Patent Cooperation Treaty (PCT): How to File a Single Application to Get Patent Protection in Multiple Countries
5 Lifehacks You Should Know Before Filing a Trademark in Turkey
Securing Your Brand on Amazon: Amazon Brand Registry with iPNOTE
Set up Stripe Account: How Get Payments via iPNOTE
General workflow at iPNOTE: How to Work on a Global Marketplace
Patent Registration in Australia: What You Need to Know
Trademark Registration in the Republic of Korea: Tips and Recommendations
Industrial Design Registration in Turkey: What You Need to Know
Trademark registration in Brazil: Everything You Need To Know
Auto Pricing: How to Set it Up and Attract Clients
Trademark Registration in Japan: Essential Information
The Ultimate Guide to Trademark Registration in Canada
An Offer Confirmation: What to Do When You’re Ready to Start
Case Study: How We Filed Our Client’s Designs in 5 Hours in China!
AI and Machine Learning Patents in Brazil: An Overview
Trademark Registration in the UK: An Essential Guide
Patent Registration in Japan: Essential Information
Your Public Profile: How to Be Promoted in Attorney’s Marketplace
Trademark Registration in Australia: Everything You Need to Know
Patent Registration in the Republic of Korea: A Quick Guide
Trademark Registration in Thailand: Essential Guide
How to Initiate and Complete Working on the Project
A New Client’s Request: What to Do When You Get an Order
Design Patent Registration: A Comprehensive Guide
Industrial Design Registration in Brazil: Everything You Need To Know
Industrial Design Registration in Indonesia: Essential Guide
Patent Registration in Canada: A Quick Guide
Registering a Design Patent in China: All You Need to Know
Trademark Registration in Hong Kong: How It Works
Design Patent Registration in the US: What You Need to Know
Utility Model registration in China: A Quick Guide
Obtaining Legal Trademark Protection in Poland
Trademark Registration in Indonesia: A Quick Guide
The Process of Utility Patent Registration in the USA
Trademark Renewal and Validity in the US
Bases for Applying for a Trademark in the USA
Registration of a Utility Patent in the US: What You Need to Know
Trademark Registration in the US: A Comprehensive Guide
Trademark Registration in Malaysia: Essential Information
Trademark Registration in Turkey: What You Need to Know
Trademark Registration in Iran: A Quick Guide
Case Study: How iPNOTE Saved $184K for a CleanTech Company
Trademark Registration in Saudi Arabia
Patent Agent vs Patent Attorney: Understanding the Differences
Trademark Registration in The UAE: A Quick Guide
Trademark Registration in India: How it Works
Trademark Registration in China: What You Need to Know
Trademark Registration: Everything You Need to Know!
Patent Registration: Everything You Need to Know!
Patent Registration in Japan
Cyprus IP Box Regime
We Are Hiring: Marketing Director!
5 Steps to Register an EU Trademark
12 Easy Ways to Save Money on IP
How to Register a Trademark in the US
How to Register a Patent in China
How to Select an IP Attorney
How to Register a Patent in Singapore
Why IP Management Automation is Key for Successful Global Expansion
Registering Patents in the US from Abroad
How to Register a Patent in the EU
We Are Hiring: Sales Manager Wanted!
What to Know Before You Start Protecting Your IP Globally
How to Cut Costs on International IP Registration
We Are Hiring: Project Manager Wanted!
How to Cut Down 13.553 € on IP Registration?
How Technology Is Changing The Global Intellectual Property Industry
Recap: How limited IP Waiver Could Solve Our Pandemic Vaccine Problems
Why do You Need an IP Management Platform?
Conduct a global patent search in 1 min!
START FREE AI SEARCH
Filter
  • Argentina
  • ARIPO
  • Armenia
  • Australia
  • Bahrain
  • Bangladesh
  • Brazil
  • Bulgaria
  • Canada
  • China
  • Denmark
  • Egypt
  • Estonia
  • Europe
  • France
  • Germany
  • Greece
  • Hong Kong
  • India
  • Indonesia
  • Iran
  • Israel
  • Italy
  • Japan
  • Jordan
  • Kuwait
  • Latvia
  • Lithuania
  • Luxemburg
  • Malaysia
  • Mexico
  • Mongolia
  • Morocco
  • New Zealand
  • Norway
  • OAPI
  • Oman
  • Papua New Guinea
  • Peru
  • Poland
  • Qatar
  • Saudi Arabia
  • Serbia
  • Singapore
  • Spain
  • Switzerland
  • Taiwan
  • Thailand
  • Turkey
  • UAE
  • USA
  • Vietnam
  • Case studies
  • Design
  • Help
  • Patents
  • Product
  • Trademarks