National Law relating to EPC, II. Filing of European patent applications, Spain
Contracting state | Spain |
---|---|
1Applicant can choose between EPO and national authorities (subject to section 2) |
Yes |
2Applications which must be filed with national authorities |
Applicants having their head office, domicile, normal residence or permanent place of business in Spain must file in Spain unless claiming the priority of an earlier Spanish application. Art. 152.2 NPL |
3Languages in which European patent applications must or may be filed with national authorities |
Spanish (see also section 5) Art. 152.4 NPL |
4Official language(s) |
Spanish |
5Special features |
European patent applications which are not filed in Spanish and do not claim the priority of an earlier filing made in Spain must be accompanied by a translation into Spanish of the title of the invention and the abstract. A translation of the description, claims and drawings will only be necessary upon request by the OEPM for reasons of national security. Applications may also be filed by facsimile.* Filing the applications by facsimile is not allowed. Applications can be filed online using the ES-EOLF V5.0 software developed on the basis of the EPO's EPOLINE OLF V5.0.13 software. The main features are: – Requirement for electronic signature issued by Fábrica Nacional de Moneda y Timbre – Use of CERES smart card – Registration with the OEPM The software can be downloaded at: docs.epoline.org/epoline/products/olf5/2021/olf513.exe All the relevant details can be found (in Spanish) at: sede.oepm.gob.es/comun/archivosEnlazados/Manual-y-documentacion-de-OnlineFiling.pdf Art. 152.4 NPL |
* See decision of the President of the EPO: OJ EPO 2019, A18.