1. application path

1. National route: apply for a Spanish patent directly at the Spanish Patent Office; 2. European route: apply for and designate Spain at the European Patent Office (EPO); 3. PCT international application: file a PCT international application for a patent in your country and designate Spain.

2. Review Form

Formal Examination and Technical Search: OEPM reviews the application for compliance with the grant filing date within 10 days of receipt of the application. If it meets the requirements, if it is determined that the application date does not meet the requirements, a notice of correction shall be issued, and the applicant shall reply within the time limit. If there is no reply or the content of the reply fails to repair the defects, the application shall be deemed to have been withdrawn. After the defect is repaired, the application date is changed to the date of defect repair, but if the application fee is rejected due to failure to pay the application fee, the application date may be retained after the application fee is made up. At the same time, OEPM conducts a patent search and sends a search report and written comments to the applicant. If a defect is found that prevents all or part of it, the applicant must correct it within two months. Substantive examination and opposition procedures: A request for substantive examination may be filed from the date of filing the application or within three months from the date of publication. From the date of publication of the patent application to the date of completion of the substantive examination, any person may submit a reasonable and documented opinion on the patentability of the invention. These comments will be transmitted to the applicant. It is emphasized that the opinion does not interrupt the processing of the application and that third parties are not considered part of the procedure.

3. protection period
20 years.

4. Application Language

Spanish

5. to submit documents

1. Application form. If the inventor of the patent is not the applicant of the patent, proof documents of the relationship between the inventor and the applicant shall be provided. 2. Complete documents of invention such as description of the invention, claims, drawings (if any), biological sequence (if any), abstract, etc. 3. The applicant's ID card and entrustment materials; 4. If the applicant submits the patent application directly in OPEM, the application documents in Spanish are required; 5. If you need to apply for priority, you need to provide proof of priority.

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