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Contracting state

Spain

1

Basis for conversion

Deemed withdrawal pursuant to Art. 77(3) EPC

Deemed withdrawal pursuant to Art. 90(3) EPC because the trans­lation in the lan­guage of the pro­ceedings was not filed in time (see also section 5)

 

Art. 158 NPL

2

Procedural steps to be taken

(a) Payment of

- filing fee (100.38 for paper filings/EUR 85.32 for electronic filings)

- fee for each priority (EUR 19.65 for paper filings/EUR 16.70 for electronic filings)

- any renewal fees due

(b) Filing of a Spanish translation

Note: the fees may be revised at the beginning of each year.

 

Art. 98 RD 316

3

Time limit for taking procedural steps referred to in section 2

2 months after receipt by OEPM of the request for conversion

 

Art. 98 RD 316

4

Must a national professional representative be appointed?

The procedural steps referred to in section 2 may be taken by the appli­cant or his represen­tative before the EPO; an authorised professional repre­sentative before the EPO is not required to file a new authori­sation. All subse­quent procedural steps must be taken by an authorised national repre­sen­tative, if the appli­cant has neither a residence nor his principal place of business in the EU.

 

Art. 158 NPL

5

Special features

The EP application may also be converted into an appli­ca­tion for a utility model. The same applies to appli­cations refused by the EPO, with­drawn or deemed to be withdrawn.

 

Art. 159 NPL

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