PCT NATIONAL PHASE ENTRY
Spain

Besides submitting a patent application to the Spanish Patent and Trademark Office (SPTO), alternative regional registration systems are accessible. These systems enable applicants to secure protection for their inventions in one or multiple countries, with each country independently deciding whether to grant patent protection within its jurisdiction in accordance with relevant legislation. Spain became a signatory to the Patent Cooperation Treaty (PCT) on 16 November 1989.

The major requirements and procedure to file a patent application in this jurisdiction are mentioned below:

The designated period for submitting a patent application in Spain under the framework of the Patent Cooperation Treaty (PCT) is 30 months from the date of priority.

In the following nation, the official language for filing patent application is Spanish. If the international application is in a different official language, providing a translation into Spanish is mandatory. This ensures accuracy and regulatory compliance, which make a seamless and trouble-free progression through the patenting procedures.

The timelimit for submitting a patent application to the late national phase entry can not be extended. The translation into Spanish can be be provided before the expiration of 30 months or within 32 months with the extension.

The essential documents required for filing a national phase application include:

• Power of Attorney: If the applicant is not a resident in Spain or any country within the European Union, it is necessary to appoint an agent by submitting a POA.
• Verified Spanish Translation
• Assighnment Deed: If there has been a change in the applicant after the international filing date, this particular document needs to be submitted. This document is used to formally transfer the rights and ownership of the international application from the original applicant to the new one. It ensures that the appropriate parties are recognized and authorized in the application process.

During the submission of the application and throughout the granting procedure, as well as in other administrative processes related to inventions, different fees are applicable depending on the type of application filed. These fees may undergo reductions in the case of Spanish public universities or entrepreneurs.  Spanish public universities and entrepreneurs have the option to benefit from fee reductions.

The submission of a request for substantive examination is required within three months of the publication of the prior art search report. Accelerating the procedure is possible by paying examination fees at the time of filing.

The Spanish Patent and Trademark Office (SPTMO) has initiated several bilateral agreements with Industrial Property Offices in other countries. Internationally, these agreements are recognized as the Patent Prosecution Highway (PPH). This framework allows applicants from both the SPTMO and an office where Spain has applied for a PPH to request expedited processing in another participating office if the claims in the application have already been recognized as patentable by the SPTMO.

This streamlined process enhances efficiency, expediting the examination and approval of patents. Numerous agreements have been established among patent offices to promote collaboration. These agreements empower patent applicants to seek accelerated processing in the national phase. This allows patent examiners to leverage work conducted by other participating offices. The work products may encompass:

1. The written opinion from the International Searching Authority,
2. The written opinion from the International Preliminary Examining Authority, or
3. The international preliminary examination report under the Patent Cooperation Treaty (PCT), subject to specific conditions being met.

The Spanish Patent and Trademark Office holds agreements with:

• Finland (FI): Finnish Patent and Registration Office (PRH)
• Japan (JP): Japan Patent Office 
• Russia (RU): Federal Service for Intellectual Property
• Turkey (TR): Turkish Patent and Trademark Office

After obtaining a patent, it is essential to pay a renewal fee to keep the patent active. The payment is required for the third year and subsequent years following the international filing date, which has expired by the time the patent is granted. This payment should be made within three months of the publication in the Industrial Property Bulletin announcing the patent's grant. Subsequent renewal fees are due within three months after the due date, specifically by the end of the month containing the anniversary of the international filing date. In case of a delay, payment can still be made within three months, either with a 25% surcharge or, within the first six months, with a 50% surcharge. If more than six months have passed, the patent can still be maintained by paying the corresponding fee, a 50% surcharge, and a regularization fee before the due date for the next renewal fee.

Patents in Spain are in force for 20 years from the international filing date. In Spain, a Supplementary Protection Certificate (SPC) serves as a unique extension of a patent and is applicable to medicinal and plant protection products. These SPCs were introduced to compensate for the time lost during the regulatory approval process. Typically, they provide an extension of up to 5 years from the expiration of the legal term of the underlying basic patent.

The Global Innovation Index (GII) systematically evaluates the innovation capacities of various world economies. This comprehensive assessment relies on approximately 80 indicators, categorized into innovation inputs and outputs, allowing the GII to encompass the diverse dimensions of innovation. Spain's position in the GII reflects its standing among 132 economies, where it secures the 29th rank. Specifically, within the high-income group of 48 economies, the country holds the 28th position. Additionally, in the European context, this nation is ranked 18th among the 39 economies considered. A notable advancement is observed from the 2021 ranking, where Spain was positioned at 30th, showcasing a positive shift to the 29th global rank in 2022.

Spain has the 15th biggest economy globally. It struggled during the Great Recession with high unemployment and a growing national debt. Since then, things have improved with controlled inflation and labor costs attracting foreign investment. Spain exports machinery and food products. However, ongoing political instability is slowing down further economic reforms.