Filing Requirements

Patents of Invention

- A request addressed to the director of the Spain Patent Office;
- A description of the invention with one or more claims and an abstract;
-Drawings in triplicate;
-A statement indicating how the applicant acquired the right to the patent, when he is not the inventor;
- Power of attorney executed in favor of a Spanish Patent Agent when the latter is acting for the application;

-- If convection priority is claimed:
In the patent application a declaration of a priority must be made, stating, at least, the date and the country; within four months, a certified copy issued by the patent office of the home country, must be submitted and a Spanish translation must be filed, when the application from which priority claimed is in another language;

For a European Patent Producing effect in Spain:

- A requirement for the provisional protection provide in art 67 of the European Patent Convection is the filing at the patent office of a Spanish translation of the claims, with the drawings
- Appearing in the patent application;
- A translation into a Spanish of the entire specification of the European patent, once granted is required until three months
- After the mentioning of the grant, so that patent may have effect in Spain;

Patents PCT (for application under)

- If the international application was not filed in the Spanish language, the application must file a translation of the international application in triplicate;
- The application fee provided for under the Spanish Patent act must be paid;
- The time for entering the national phase in Spain, will be 30 months:

Granting
Twenty years from the filing date