How to renew a patent in Spain?

In this article you will find information on:
  • When patent renewal fees are due
  • The renewal fee amount and currency
  • Details on other types of intellectual property valid in the jurisdiction
  • FAQ related to the renewal process

Region

Spain is part of the EPO. In order for an EP patent to be enforced in Spain, the patent must be granted by the EPO and then validated in Spain. During the application process renewal fees must be paid to the EPO. For more information, please visit our EPO renewal fee article.

Once a patent is granted by the EPO and validated in Spain, the renewal fee is paid to the Oficina Española de Patentes y Marcas. The rules that apply to a national Spanish patent also apply to an EP patent in Spain, which will be described in detail below.

Due dates

Renewal fees in Spain must be paid by certain dates. In this section you will find a description of how these renewal due dates are calculated, both the very first renewal due date and all subsequent renewal due dates.

No annuities are due throughout the application process. The first annuity is paid three months after the first anniversary of the filing date following the grant in Spain.

For example, if the grant date is 2022-01-20, and the filing date is 2018-03-31, then the first annuity must be paid by 2022-06-30.

After the first annuity has been paid, all subsequent annuities must be paid annually, three months after the anniversary of the filing date. The due date should be the last day of the third month after the date corresponding to the filing date.

For example, if the filing date was March 31, then all subsequent annuities will be due by June 30 each year.

Other intellectual property types

In Spain, there are other types of intellectual property besides patents. These include utility models and designs.

We are currently working on articles which will explain the rules for the renewal of these types of intellectual property. If you need any help renewing these and are looking for a cost-efficient solution, get in touch with us.

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Renewal fee factors:

n/a

Patent renewal fee intervals in

the

Spain

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
Patent Year Official renewal fee for patent (EUR)
1
2
3 18.85
4 23.52
5 45.00
6 66.41
7 109.63
8 136.47
9 171.26
10 220.40
11 276.27
12 324.37
13 372.39
14 420.86
15 449.45
16 468.07
17 499.85
18 499.85
19 499.85
20 499.85
The fees were last updated on
January 10, 2024
.
The information is based on the local patent office's database.
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autorenew
Fully automate your renewals
Upgrade your current setup to our fintech solution and enjoy the effortless IP renewals.
bolt
Your personalized platform
Your platform enables you to utilize auto-renewal options, real-time tracking, budget and forecasting, transparent invoicing, and more.
savings
Save up to 50% on your costs
We have never been presented with an invoice more cost-effective than ours, therefore we offer 100% price guarantee.
verified_user
Renewal expertise and security
Our patent expert team serves more than 1200+ patent owners from 40+ countries. All of our data handling procedures are thorough, and all security measures are taken to comply with data regulations.

Spain Patent Renewal Fees FAQ

1.

What happens to a Spanish patent before it has been granted?

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There are no annuities due in Spain before the patent is granted. Once the patent has been granted, annuities must be paid annually in accordance with the rules described above under the section Due Dates.

2.

When can I pay the renewal fee in Spain?

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The renewal fee in Spain can be paid up to 3 months before the renewal due date. It is important to note that the renewal fee cannot be paid earlier than this. Any payments made before the opening of the payment window will result in the payment being rejected.

3.

Can I renew a patent after I miss a renewal due date?

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Yes, it is possible to renew a Spanish patent after its renewal due date. If you fail to pay the renewal fee before the due date, a grace period of 6 months is given wherein the renewal fees can still be settled. When entering the grace period you will incur a surcharge fee to be settled along with the renewal fee. If you wish to maintain the patent, both the renewal fee and the surcharge fee will have to be settled.

For example, if a patent has a renewal due date of 2021-05-31 and the due date is missed, the patent will enter the grace period from 2021-06-01. After this point both the renewal fee and the surcharge fee will need to be settled by 2021-11-30. Failure to pay these fees before the surcharge due date will result in the patent lapsing.

4.

Do I need assistance from local representation to renew a patent in Spain?

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No, local representation is not necessary in order to carry out a renewal in Spain. Anyone can renew a patent in Spain if they submit the payment in accordance with the national regulations.

5.

How long do patents last in Spain?

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A patent will stay in force for 20 years in Spain from the filing date if successfully renewed in accordance with the rules described above. If the patent is not renewed, it will lapse by the end of the grace period measured from the latest renewal due date.