European Patent (EPO) Validation in Spain

1. Terms for patent validation in Spain

The period for filing the translation in 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin.

The publication fee is deemed to have been paid only when proof of payment has duly been provided. The translation must be accompanied by a copy of the drawings in the EP specification even where there is no textual matter.

2. Conditions for patent validation in Spain

2.1 Translation – Applicants with neither residence nor principal place of business in Spain must have the translation prepared by a patent attorney accredited to OEPM or by a sworn interpreter appointed by the Spanish Ministry of Foreign Affairs.

• For provisional protection: it is required a translation of the complete patent specification, in Spanish.
• After grant: a translation of the patent specification into Spanish must be supplied. Due date is 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin.

2.2 Payment of patent validation and national registration fees:

There is a special fee to be paid: 104 EUR (109 EUR for translations on magnetic data carrier). Due date for the payment is within one month of filing the translation. The translation is not published until the fee has been paid.

3. Effect of the European patent as a national Spanish patent

Under Article 64(1) EPC, a European patent automatically confers on its proprietor from the date on which the mention of the grant is published in the European Patent Bulletin, in each contracting state in respect of which it is granted, the same rights as would be conferred by a national patent granted in that state.

4. Patent annuities in Spain

• Due date: last day of the month in which the date of filing occured.
• Time limit for payment (without surcharge): 1 month from due date.
• Earliest possible date for payment: payment may not be made more than 3 months before due date.
• Period of grace for payment of fees (with surcharge): 6 months from expiration of the time limit, which is 1 month from due date.

In case that your patent was filed not as EPO (European patent) patent, but as PCT (WIPO, international patent), in order to obtain the protection on the national level, you may need to open your patent to the national phase in Spain.