Spain
Spain

How to Renew a Patent in Spain?

Renew a Spanish patent validated through the European Patent Office (EPO):

If your patent is a European patent that was granted by the European Patent Office and then validated in Spain, you can maintain the patent by paying an annual maintenance fee to the EPO. The first renewal fee of a patent application is due on the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Spain, the renewal fee is paid to the Spanish Patent and Trademark Office (OEPM). For more information on renewal fees related to the EPO, please visit another one of our articles at this link, here.

For example, if the filing date of a patent is 2017-06-15, and the grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From 2023 onwards, you will have to settle the renewal fee with the Spanish Patent Office.

Renew a national patent with the Spanish Patent Office:

In order to maintain a patent application in Spain, a renewal fee must be paid to the Spanish Patent and Trademark Office (OEPM) on an annual basis. The first renewal fee of a patent application is due from the second anniversary (Year 3) of the filing date upon the publication of  grant of the patent. Renewal fees in Spain are always due one day after the last day of the month anniversary of the filing date of the application. The payment window remains open for the first three months from the renewal date of each annual period. You can settle the renewal fees anytime within these three months. The renewal payments for Year 1 and Year 2 are included in the application fee and should not be paid.

For example, if the filing date of a patent is 2017-04-12, and the grant date of the patent is 2019-10-01, the renewal due date of Year 3 will fall on the anniversary of the patent’s filing date on 2019-04-30 (last day of the anniversary month). The payment window will open from 2019-05-01 until 2019-07-31, so you will have to settle the renewal fees during the three month period.  

In the event that the publication of the grant of patent is after the first renewal due date of Year 3, you will have to settle the renewal fees for Year 3 within three months from the grant of the patent. The renewal due date for all subsequent renewals will fall on the anniversary of the filing date.

For example, if the filing date of a patent is 2017-04-12, and the grant date of the patent is 2020-02-15, the renewal due date of Year 3 under normal circumstances is due for renewal on 2019-04-30. However, in this case you will only have to settle the first renewal fee for (Year 3) during the three month period from the publication of grant from 2020-02-16 to 2020-05-15.

The renewal due date for all subsequent renewals will fall on the anniversary of the filing date. The renewal due date of Year 4 will fall on the anniversary of the patent’s filing date on 2020-04-30 (last day of the anniversary month). 

Renewal Fees by Intellectual Property Type

In Spain, there are 2 intellectual property types. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that both types can be renewed through us. 

Intellectual Property Type #1 - Spanish Utility Models

A Spanish utility model is valid for 10 years. It is kept in force by paying the utility model annuity fees on an annual basis. The first renewal fee of a patent application is due from the second anniversary (Year 3) of the filing date upon the publication of  grant of the utility model.If the renewal fee is not paid by the due date, the utility model will enter a grace period of 6 months. This gives you the time to still renew the utility model. However, the fee is higher whereby you have 3 months to pay the due fee with an incurred surcharge fee of 25% and a further 3 months to pay the renewal fee with an incurred surcharge of 50% per case.

Intellectual Property type #2 - Spanish Designs

A Spanish design is valid for 25 years, from the filing date. The renewal fees must be paid after the fifth, tenth, fifteenth, and twentieth year. Initially, the design is protected for five years. In order to maintain this protection beyond the initial 5 year period, you have to pay the renewal fees six months prior to the end of the corresponding period of validity. Renewal fees are required for each registered design, even if they are designs of a multiple application. The renewal fees will fall on the last day of the month. If the maintenance fee is not paid by the due date, an additional 6 month grace period is given in order for the settlement to take place.If you fail to pay the full amount within the provided time frame, the design protection will lapse. 

Written and edited by the PatentRenewal.com team
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Patent Renewal Fee Intervals in Spain

Starting from the 2nd anniversary of the filing date upon the publication of the grant of patent, patent renewal fees need to be paid every year. For further clarification, please refer to the cost breakdown below.

Patent Year Official renewal fee for patent (EUR)
1
2
3 18.66
4 23.29
5 44.55
6 65.75
7 108.54
8 135.12
9 169.56
10 218.22
11 273.53
12 321.16
13 368.70
14 416.69
15 445.00
16 463.44
17 494.90
18 494.90
19 494.90
20 494.90
Patent Year
Official renewal fee for patent (EUR)
3
490
4
610
5
1090
6
1210
7
1330
8
1450
9
1640
10
1640
11
1640
12
1640
13
1640
14
1640
15
1640
16
1640
17
1640
18
1640
19
1640
20
1640

Spain Patent Renewal Fees FAQ

When is the first patent renewal fee due in Spain?
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National patent: The first renewal fee of a patent application is due from the second anniversary (Year 3) of the filing date upon the publication of  grant of the patent.

For example, if the filing date of a patent is 2017-04-12, and the grant date of the patent is 2019-10-01, the renewal due date of Year 3 will fall on the anniversary of the patent’s filing date on 2019-04-30 (last day of the anniversary month). The payment window will open from 2019-05-01 until 2019-07-31, so you will have to settle the renewal fees during the three month period.  

Spanish patent validated through the European Patent Office (EPO): The first renewal fee of a patent application is due on the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Spain, the renewal fee is paid to the Spanish Patent and Trademark Office (OEPM).

For example, if the filing date of a patent is 2017-06-15, and the grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From 2023 onwards, you will have to settle the renewal fee with the Spanish Patent Office.

What happens to a Spanish patent before it has been granted?
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National patent: Prior to grant, a Spanish patent application is in its filing stage. You will only start paying renewal fees in Singapore when the patent becomes granted. The first renewal fee of a patent application is due on 2nd anniversary of the filing date upon the publication of the grant of patent.

Spanish patent validated through the European Patent Office (EPO): Prior to grant, the patent application is in its filing stage with the EPO. You can only begin paying the renewal fees to the EPO from the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. However, once the patent has been granted and validated in Spain, the renewal fee is thereafter paid to the Spanish Patent and Trademark Office (OEPM).

What are the due dates and payment windows?
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National patent: The payment window opens one day after the anniversary of the filing month (last day of the anniversary month). The payment window remains open for the first three months from the renewal date of each annual period. You can settle the renewal fees anytime within these three months. No renewal fees can be settled prior to this window opening. 

For example, if a renewal due date of a patent falls on 2021-07-31, the payment window to pay the renewal fee will open from 2021-08-01 until 2021-12-30, you will have to settle the renewal fees during the three-month period.

Can I renew a patent after I miss a renewal deadline?
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National patent: Yes, it is possible to renew a Spanish patent after its deadline. If you fail to pay the renewal fee in due time, the patent will move into a 6-month grace period whereby the renewal fees can still be settled. You have 3 months to pay the due fee with an incurred surcharge fee of 25% and a further 3 months to pay the renewal fee with an incurred surcharge of 50% per case. Failure to pay this fee within the grace period, will result in the patent being lapsed.

Spanish patent validated through the European Patent Office (EPO): The same rule which applies to a national Spanish patent for missing a renewal deadline also applies to an EP patent in Spain.

Do I need assistance from the local council?
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It is not mandatory to make use of a local agent or representative when renewing a patent in Spain. The Spanish Patent and Trademark Office (OEPM) accepts bank transfers. The bank transfer should be accompanied by receipt, purpose and date of effective payment.

How long do patents last in Spain?
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In order to maintain a Spanish patent, renewal fees need to be settled annually. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date. This rule is applicable to both national patents as well as to an EP patent in Spain.

How can I contact the Spanish Patent Office?

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You can get in touch with the Spanish Patent office via email or phone;

Email: informacion@oepm.es

Phone: +34 902 15 75 30, +34 910 78 07 80

For more information on the renewal process in Spain, visit the link to their official website. You can search for Spanish patents here.

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