WIPO - PCT Applicant's Guide ES - 西班牙
西班牙专利商标局 (OEPM)

    适用起自 2026年1月1日
    (发布 2025年11月13日)

    此版本最新变更汇总
    RO: RO fees
    ISA: ISA fees
    IPEA: IPEA fees
    变更明细列表

    [MT] 有用信息

    [MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    [MT] 本文档中使用的缩写列表 :
    Spanish Patent and Trademark Office (OEPM)
    SPL: Law No. 24/2015 of 24 July 2015 on Patents
    SRD: Royal Decree 316/2017 of 31 March 2017
    [MT] 本文档中使用的货币列表 :
    CHF (瑞士法郎), EUR (欧元), USD (美元)
    [MT] 国家和办事处信息 :
    The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
    Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
    Also refer to PCT Contracting States formerly Annex A.
    [MT] 办公室概况
    For more technical information about the Office, refer to ePCT Office profile.
    [MT] PCT保留 、声明 、通知和不相容
    细则 20.8(a-bis),
    细则 20.8(b-bis)

    Refer to the full list.
    PCT Rule 20.8(a-bis), The Offices (in their capacity as receiving Offices) of the States listed in this table have notified the International Bureau (IB) that new PCT Rules 20.5bis(a)(ii) and 20.5bis(d), are not compatible and/or cannot be considered to be compatible with the national law applied by the Office, or are deemed to have notified the IB of this incompatibility on the basis of a notification made under PCT Rule 20.8(a) that remains in effect.
    PCT Rule 20.8(b-bis), The Offices (in their capacity as designated Offices) of the States listed in this table have notified the International Bureau (IB) that PCT Rules 20.5bis(a)(ii) and 20.5bis(d), are not compatible and/or cannot be considered to be compatible with the national law applied by the Office, or are deemed to have notified the IB of this incompatibility on the basis of a notification made under PCT Rule 20.8(b) that remains in effect.
    [MT] 办公室关闭日期
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    [MT] 国际阶段

    [MT] 附件B - 关于缔约国或政府间组织的资料

    [MT] 缔约国：
    西班牙
    [MT] 两个字母代码 :
    ES
    [MT] 办公室名称:
    Spanish Patent and Trademark Office (OEPM)
    [MT] 地点：
    Paseo de la Castellana 75
    28046 Madrid
    Spain
    [MT] 邮寄地址 :
    Same as above
    [MT] 电话：
    (34) 910 780 780
    [MT] 电子邮件：
    informacion@oepm.es
    [MT] 网站地图
    [MT] 传真：
    None
    [MT] 局是否接受通过传真或类似方式提交文件(PCT规则92.4 )?
    不
    [MT] 专利局是否通过电子邮件发送国际申请通知?
    是的
    [MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?
    不
    [MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    For further details on how to request this Office to make applications available to DAS, refer to:
    https://www.oepm.es/es/invenciones/gestion-de-invenciones/otros-tramites/Servicio-de-acceso-digital-de-la-OMPI-DAS/
    Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS
    [MT] 由本国国民或居民提交的国际申请的主管接收局:
    ES,
    EP,
    IB
    [MT] 国家立法是否限制向外国局提交国际申请?
    Law No. 24/2015 of July 24, 2015, on Patents, Art. 163.
    Unless priority of an earlier application filed at the Spanish Patent and Trademark Office (OEPM) is claimed.
    是的
    Filing restrictions apply to:
    Inventions made in Spain
    Applications by residents
    [MT] 为本国指定的主管(或选定的)办事处:
    National protection: ES
    European patent: EP
    [MT] 通过PCT 提供的保护类型:
    National: Patents, utility models
    European: Patents
    [MT] 办公室接受的付款方式:
    For more information, refer to Forms of payment of fees:
    https://www.oepm.es/en/formas-de-pago/Pago-de-tasas/index.html
    The payment of fees may be effected by electronic means or in cash. All payments must be in Euro and indicate the application number, if already known, the name of the payer and the category of fee being paid.
    [MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :
    None
    [MT] 国际公布后的临时保护 :
    Where the designation is made for the purposes of a national patent:
    After a patent has been granted, the applicant is entitled to reasonable compensation for the period following the international publication of the international application. For that purpose, and if the international publication has not been effected in Spanish, the applicant must submit to the Office a translation of the international application into Spanish. The provisional protection applies as from the date of publication of the international application in Spanish by the Office.
    Where the designation is made for the purposes of a European patent:
    After the international publication (if in Spanish) or, where that publication was in a language other than Spanish, after the publication by the Office of a translation into Spanish of the claims of the European patent application submitted by the applicant in view of provisional protection and accompanied by a special fee, compensation reasonable in the circumstances may be requested. The translation of the claims into Spanish cannot be filed before the international application has entered the European regional phase and the mention of the international publication has been published in the European Patent Bulletin. If the applicant does not reside in Spain or in a country of the European Union, the translation must be either prepared by a patent attorney entitled to practice before the Office, or certified by a sworn translator appointed by the Ministry of External Affairs of Spain. In addition, persons who declare to have linguistic and technical knowledge in accordance with the Ministerial Order ETU/320/2018 of March 26, 2018 may also prepare the translation
    [MT] 如果该缔约国被指定(或选举 ), 则有关信息
    [MT] 国家保护
    [MT] 发明人姓名和地址必须提供的时间:
    The indication of the address of the inventor is not required by the Office. The name may be indicated in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
    [MT] 是否有关于微生物和其他生物材料的存放的特别规定？
    Yes, refer to Annex L.
    [MT] 欧洲专利申请
    Refer to Annex B(EP)

    [MT] 附件C -- -- 接收办公室

    [MT] 主管接收办公室为国民和居民:
    西班牙
    [MT] 国际申请可用语言提交:
    Depending on the applicant’s choice of competent International Searching Authority, a translation into a corresponding language (refer to Annex D) may have to be furnished by the applicant (PCT Rule 12.3)
    Spanish
    [MT] 接受的语言 - 依赖于序列列表中的自由文本 :
    Spanish,
    or English and Spanish
    [MT] 请求书可用语言提交:
    Spanish
    Number of copies required by the receiving Office if the international application is filed on paper:
    1
    [MT] 接收局是否接受以电子形式提交国际申请?
    Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).
    Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.
    For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 2 February 2023, pages 44 et seq. and 17 August 2023, pages 159 et seq.
    Yes, the Office accepts electronic filing via Front Office (OEPMSei) or EPO online filing software
    [MT] 接收局是否接受转换前文件的提交,如果接受,采用何种格式(PCT行政指示第706条 )?
    Yes, any format. The files should be archived in ZIP format.
    [MT] 接受局是否接受以提及方式纳入 (PCT规则20.6 )?
    是的
    [MT] 接受局是否接受非正式提交彩色图纸并将其转交国际局?
    Yes, color drawings are exceptionally accepted on an informal basis and transmitted to the International Bureau.
    [MT] 收件局是否接受恢复优先权的请求(PCT规则26之二.3 )?
    Yes, the Office applies the “due care” criterion to such requests
    [MT] 国际主管查询机关 :
    EP,
    ES
    [MT] 国际初步审查主管机关 :
    EP,
    ES
    Fees payable to the RO:
    [MT] 传输费用 :
    75.75 EUR
    [MT] 国际申请费:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    1,428 EUR
    [MT] 超过30张的每张费用:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    16 EUR
    [MT] 减免(费用表,项目4) :
    [MT] 电子提交(以字符编码格式提交请求 ) :
    215 EUR
    [MT] 电子提交(请求书、说明书、权利要求书和摘要以字符编码格式提交 ) :
    322 EUR
    [MT] 搜索费用:
    Refer to
    Annex D(EP)
    Annex D(ES)
    [MT] 优先权文件费 (PCT规则17.1(b ) ) :
    30.28 EUR
    [MT] 申请恢复优先权的费用 (PCT规则26之二.3(d ) ) :
    Online 91.35 EUR
    On paper 107.46 EUR
    [MT] 接受局是否要求代理人?
    No, if the applicant resides in Spain or in another country of the European Union
    Yes, if the applicant resides in a country other than a country of the European Union
    [MT] 谁可以担任代理人?
    Any patent attorney whose name appears on a list maintained by the Office
    [MT] 委托书的放弃:
    Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph IP 11.048).
    [MT] 办公室是否已放弃提交单独授权书的要求?
    是的
    [MT] 需要另行授权的特殊情况:
    In case of reasonable doubt regarding the agent’s entitlement to act; and upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing.
    [MT] 办公室是否已放弃提交一般授权书副本的要求?
    是的
    [MT] 需要提供一般授权书副本的特殊情况:
    In case of reasonable doubt regarding the agent’s entitlement to act; and upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing.

    [MT] 附件D - 国际查询管理局

    [MT] 下列接受局的主管国际查询机关:
    CL,
    CO,
    CR,
    CU,
    DO,
    EC,
    ES,
    HN,
    MX,
    NI,
    PA,
    PE,
    SV,
    UY
    Fees payable to the ISA:
    [MT] 查询费(PCT规则16 ) :
    This fee is payable to the receiving Office in the currency or one of the currencies accepted by it. The fee is reduced by 75% where the applicant or, if there are two or more applicants, each applicant is a natural person or a legal entity and is a national of and resides in a State not party to the European Patent Convention and which is classified by the World Bank in the group of countries of “low income”, “lower middle income” or “upper middle income”, refer to:
    http://www.wipo.int/en/web/pct-system/fees/oepm_fee_reduction
    1,719 CHF
    1,845 EUR
    2,154 USD
    [MT] 附加查询费 (PCT规则40.2 ) :
    This fee is payable to the International Searching Authority and only in particular circumstances. The fee is reduced by 75% where the applicant or, if there are two or more applicants, each applicant is a natural person or a legal entity and is a national of and resides in a State not party to the European Patent Convention and which is classified by the World Bank in the group of countries of “low income”, “lower middle income” or “upper middle income”, refer to:
    http://www.wipo.int/en/web/pct-system/fees/oepm_fee_reduction
    1,845 EUR
    [MT] 国际检索报告中引用的文件副本的收费 (PCT规则44.3 ) :
    per national document 4.69 EUR
    per foreign document 4.69 EUR
    [MT] 国际申请档案所含文件副本的费用 (PCT规则94.1之三 ) :
    per page 0 .23 EUR
    [MT] 抗辩费(PCT规则40.2(e) ) :
    None
    [MT] 逾期提供费 (PCT规则13之三.1(c ) ) :
    None
    [MT] 退还条件和退还的搜索费用的数额:
    Money paid by mistake, without cause, or in excess, will be refunded, upon request by the applicant
    Where the international application is withdrawn or is considered withdrawn, under PCT Article 14(1), (3) or (4), before the start of the international search:
    refund of 100%
    Where the Authority benefits from an earlier search already made by the Authority on an application whose priority is claimed for the international application, depending upon the extent to which the Authority benefits from that earlier search:
    refund of 100% or 50%
    Where the Authority benefits from an earlier search already made by an Authority of a State party to the EPC:
    refund of 75%
    Where the Authority benefits from an earlier search already made by an Authority of a State not party to the EPC:
    refund of 25%
    [MT] 国际搜索接受的语言 :
    English,
    Spanish
    [MT] 当一项国际申请要求从本局已搜索的先前申请中获得优先权时,本局是否接受对先前查询结果的非正式评论?
    Yes, the applicant may submit informal comments to overcome objections raised in the search report and written opinion for the priority application. At the Spanish Patent and Trademark Office (OEPM) this service is called “PCT Direct”. Informal comments should be sent to the receiving Office together with the international application in the form of a separate letter entitled “PCT Direct/informal comments” (“PCT Directo/comentarios informales”). If the claims and/or the description of the international application differ from those of the earlier application, applicants should also submit a marked-up copy indicating the differences. PCT Direct submissions are published on PATENTSCOPE. This service is free of charge.
    [MT] 核苷酸和/或氨基酸序列列表 的物理介质类型:
    None. Physical media are not accepted. Sequence listings must be filed in electronic form (refer to Administrative Instructions under the PCT, Annex C)
    [MT] 将不会搜索的主题:
    The subject matter specified in items (i) to (vi) of PCT Rule 39.1 with the exception of any subject matter searched under the patent grant procedure in accordance with the provisions of Spanish patent law No. 24/2015 of 24 July 2015
    [MT] 委托书的放弃:
    Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph IP 11.048).
    [MT] 管理局是否已放弃提交单独授权书的要求？
    是的
    [MT] 需要另行授权的特殊情况:
    In case of reasonable doubt regarding the agent’s entitlement to act; and upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing.
    [MT] 管理局是否已放弃提交一般授权书副本的要求？
    是的
    [MT] 需要提供一般授权书副本的特殊情况:
    In case of reasonable doubt regarding the agent’s entitlement to act; and upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing.

    [MT] 附件E - 国际初步审查机构

    [MT] 国际初步审查机构 主管以下接受局 :
    CL,
    CO,
    CR,
    CU,
    DO,
    EC,
    ES,
    HN,
    MX,
    NI,
    PA,
    PE,
    SV
    [MT] 对担任国际初步审查机构的管理机构的权限是否有任何限制?
    不
    Fees payable to the IPEA:
    [MT] 初步审查费(PCT规则58 ) :
    This fee is payable to the International Preliminary Examining Authority. The fee is reduced by 75% where the applicant or, if there are two or more applicants, each applicant is a natural person or a legal entity and is a national of and resides in a State not party to the European Patent Convention and which is classified by the World Bank in the group of countries of “low income”, “lower middle income” or “upper middle income”, refer to:
    http://www.wipo.int/en/web/pct-system/fees/oepm_fee_reduction
    595.37 EUR
    [MT] 额外初步审查费 (PCT规则68.3 ) :
    This fee is payable to the International Preliminary Examining Authority and only in particular circumstances.
    595.37 EUR
    [MT] 处理费 (PCT规则57.1 ) :
    This fee is payable to the International Preliminary Examining Authority. It is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    215 EUR
    [MT] 国际初步审查报告中引用的文件副本费用 (PCT规则71.2 ) :
    per national document 4.69 EUR
    per foreign document 4.69 EUR
    [MT] 国际申请档案所含文件副本的收费 (PCT规则94.2 ) :
    per page 0.23 EUR
    [MT] 抗辩费(PCT规则68.3(e ) ) :
    None
    [MT] 逾期提供费 (PCT规则13之三.2 ) :
    None
    [MT] 预审费退还条件和退还金额:
    Money paid by mistake, without cause, or in excess, will be refunded, upon request by the applicant
    In the cases provided for under PCT Rule 58.3:
    refund of 100%
    If the international application or the demand is withdrawn before the start of the international preliminary examination:
    refund of 100%
    [MT] 国际初步审查可接受的语言 :
    English,
    Spanish
    [MT] 不予审查的主题事项 :
    The subject matter specified in items (i) to (vi) of PCT Rule 67.1 with the exception of any subject matter examined under the patent grant procedure in accordance with the provisions of Spanish patent law No. 24/2015 of 24 July 2015
    [MT] 委托书的放弃:
    Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph IP 11.048).
    [MT] 管理局是否已放弃提交单独授权书的要求？
    是的
    [MT] 需要另行授权的特殊情况:
    In case of reasonable doubt regarding the agent’s entitlement to act; and upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing
    [MT] 管理局是否已放弃提交一般授权书副本的要求？
    是的
    [MT] 需要提供一般授权书副本的特殊情况:
    In case of reasonable doubt regarding the agent’s entitlement to act; and upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing

    [MT] 附件L - 微生物和其他生物材料的存放

    [MT] 指定和选任办公室的要求
    Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
    For a list of these institutions refer to:
    http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)
    Notifications related thereto may be consulted under:
    http://www.wipo.int/treaties/en/registration/budapest/
    Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
    http://www.wipo.int/budapest/en/guide/index.html
    [MT] 时间(如果有) 早于 16 个月从优先权日,申请人必须提供:
    [MT] 规则13之二.3(a)㈠至㈢所规定的标记：
    Where applicant requests publication earlier than 16 months from the priority date, two months from notification of the Office
    [MT] 任何其他说明：
    At the time of filing (as part of the application)
    [MT] 除第13条之二第3款(a)项(一)至(三)目规定的说明外,根据局通知必须提供的其他说明(如有 ) :
    To the extent available to the applicant, relevant information on the characteristics of the biological material
    [MT] 其他资料
    For the purposes of patent procedure before the Spanish Patent and Trademark Office (OEPM) a deposit is required not later than at the date of filing the international application with any legally recognized institution and, in any case, with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms (Article 25.2.a) SPL).
    If the applicant wishes that, until the publication of the mention of the grant of a Spanish patent or for 20 years from the date of filing if the application is refused or withdrawn, the biological material shall be made available as provided in Article 45 SPL only by the issue of a sample to an independent expert, the applicant must, by a written statement, inform the International Bureau accordingly before completion of technical preparations for publication of the international application. Such statement must be separate from the description and claims of the international application and must preferably be made on Form PCT/RO/134, referred to in Section 209 of the Administrative Instructions under the PCT.

    [MT] 全国阶段

    [MT] 进入国家阶段的要求概要

    [MT] 进入国家阶段的适用时间限制:
    Under PCT Article 22(1): 30 months from the priority date
    Under PCT Article 39(1)(a): 30 months from the priority date
    [MT] 专利局是否允许恢复权利(PCT规则49.6 )?
    SPL, Article 53. https://www.boe.es/buscar/act.php?id=BOE-A-2015-8328
    Form: https://www.oepm.es/es/herramientas/Formularios/formularios-de-invenciones/solicitud-internacional-PCT/restablecimiento-de-derechos/
    Yes, the Office permits reinstatement of rights under the “due care” criterion. The request for reinstatement must be accompanied by a statement of reasons for the failure and is preferably accompanied by any declaration or other evidence in support of the statement of reasons
    Fee for reinstatement:
    — for electronic payment
    91.35 EUR
    — for payment in cash
    107.46 EUR
    [MT] 国际申请必须翻译成以下语言之一:
    Shall be furnished within 30 months from the priority date. If not furnished within that time limit, the Office will invite the applicant to comply with the requirement within two months from the date of the invitation
    Spanish
    [MT] 进入国家阶段的翻译必须具备以下内容:
    Shall be furnished within 30 months from the priority date. If not furnished within that time limit, the Office will invite the applicant to comply with the requirement within two months from the date of the invitation
    Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract
    Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)
    [MT] 在特殊情况下是否需要国际申请副本?
    不
    [MT] 局是否根据其国家法律 接受彩色图纸?
    SRD, Annex https://www.boe.es/buscar/act.php?id=BOE-A-2017-3550
    Yes, color drawings are accepted
    [MT] 国家费用 :
    [MT] 专利或实用新型
    [MT] 申请费
    Online 87.03 EUR
    On paper 102.39 EUR
    [MT] 免除、减少或退还费用:
    Fee reductions are available to Spanish public universities and entrepreneurs. For further information refer to Invention fees:
    https://www.oepm.es/en/tasas-y-precios-publicos/tasas-de-invenciones/
    Refund of fees are available if the ISA was SPTO. For more information refer to the Instruction on the refund of search report fee and substantive examination fee.
    Instruction on the refund of search report fee and substantive examination fee, refer to:
    https://www.oepm.es/export/sites/portal/comun/documentos_relacionados/PDF/2019_03_06_Reembolso_Tasas_IET_Resolucion.pdf
    [MT] 局的特殊要求(PCT规则51之二 ) :
    If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
    Name of the inventor if it has not been furnished in the “Request” part of the international application
    This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
    Instrument of assignment of the priority right where the applicants are not identical
    This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
    Where the applicant uses the form for national phase entry, it is not necessary to submit a deed of assignment with regard to the applicant’s entitlement to claim priority of the earlier application as that form contains a statement in this regard (refer to Box 6 of form for national phase entry (Annex ES.II)).
    Instrument of assignment of the international application if the applicant has changed after the international filing date
    Appointment of an agent if the applicant is not resident in Spain or in another country of the European Union
    [MT] 谁可以担任代理人?
    Any patent attorney whose name appears on a list maintained by the Office
    [MT] 局是否接受接收局恢复优先权的效力(PCT规则49之三.1 )?
    是的
    [MT] 专利局是否接受恢复优先权的请求(PCT规则第49条之三第2款 )?
    Yes, the Office applies the “due care” criterion to such requests

    [MT] 国家阶段的程序

    [MT] ES.01 进入国家阶段的表格
    The Office has available a form for entering the national phase (refer to Annex ES.II) and strongly recommends the use of this form.
    [MT] ES.02 翻译(更正)
    Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs NP 6.002 and NP 6.003).
    [MT] ES.03 费用(支付方式)
    SPL Art. 184
    The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex ES.I.
    [MT] ES.04 指定代理人
    SPL Art. 175,
    SRD Art. 108

    An agent must be appointed by filing a power of attorney if the applicant is not resident in Spain or in a country of the European Union. However, the submission of a separate power of attorney or a copy of a general power of attorney is not required, except in case of reasonable doubt regarding the agent’s entitlement to act; upon appointment of, or for any paper submitted by, an agent who was not indicated in the request form at the time of filing; or when filing an assignment, a change in the name of the applicant or the proprietor of the patent, a license, a withdrawal, a limitation or revocation or an opposition to a patent or to a utility model. A model of power of attorney is given in Annex ES.III.
    [MT] ES.05 年费
    SPL Art. 184,
    SPL Art. 185

    After a patent has been granted, a fee must be paid for maintaining the patent in force. Payment must be made for the third, and each following year after the international filing date which has expired at the time of granting the patent, within three months after publication in the Industrial Property Bulletin of a mention of the grant of the patent. Payment of the subsequent annual fees must be made within three months after the due date, namely the expiration of the month containing the anniversary of the international filing date. Payment can still be made, together with a 25% surcharge, within three months or, together with a 50% surcharge, before the expiration of the sixth month after the due date. Once the sixth month has expired, the patent may still be maintained in force by paying, before the due date for the next annual fee, the corresponding fee with a 50% surcharge and the regularization fee. The amounts of the annual fees are indicated in Annex ES.I.
    [MT] ES.06 转让文书
    SRD Art. 101
    When the applicant claims the priority of an earlier application filed by an applicant who is not identical with the applicant of the international application, a deed (or deeds) of assignment must be furnished. For details, refer to the sample of such deed (not an official form) in Annex ES.III. Legalization is not required. For time limits, refer to the Summary. When the applicant is not the inventor, it is sufficient to designate the inventor and to indicate how the applicant acquired the right to the patent. Where the applicant uses the form for national phase entry, it is not necessary to submit a deed of assignment with regard to the applicant’s entitlement to claim priority of the earlier application as that form contains a statement in this regard (refer to Box 6 of form for national phase entry (Annex ES.II)).
    [MT] ES.07 对申请书的修正
    SPL Art. 48,
    SRD Art. 101.2(e),
    PCT 条约 28,
    PCT 条约 41

    The applicant may amend or correct the claims, the description, and the drawings before the grant of a patent according to the provisions of the law, provided the scope of the subject matter of the application does not go beyond the disclosure in the international application as filed. Any request for amendment is subject to the payment of a fee for modification indicated in Annex ES.I.
    [MT] ES.08 根据PCT第25条进行的复审
    SPL Art. 44,
    SPL Art. 54,
    PCT 条约 25,
    PCT 细则 51

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, a petition against this decision may be lodged within one month from the date of publication of the decision in the Industrial Property Bulletin. Within the same one-month time limit, a fee for petition must be paid (for the amount, refer to Annex ES.I). If the Office confirms its decision, an administrative appeal may be lodged with the competent court.
    [MT] ES.09 会议时间限制延迟的理由
    SPL Art. 44,
    SPL Art. 53,
    SPL Art. 54,
    SRD Art. 69,
    PCT 条约 24(2),
    PCT 条约 48(2)

    Reestablishment of rights may be requested where the applicant was unable to observe a time limit during the international phase or before the Office, in spite all due care required by the circumstances having been taken. A request for reestablishment must be filed with the Office in writing and the omitted act must be completed. The request must state the grounds on which it is based and must set out the facts to which it refers. If the Office refuses the reestablishment of rights, an administrative appeal may be lodged within one month after the publication of the final decision of the Office in the Industrial Property Bulletin. Nevertheless, certain matters are excluded from the reestablishment of rights. Time limits may be extended for two months by the Office provided that the request for extension is made before the expiration of the time limit. Any proceeding whose time limit falls on a Saturday, a Sunday or a public holiday will be considered fulfilled in due time if it is done on the first working day following that Saturday, Sunday or public holiday.
    [MT] ES.10 实用新型
    SPL Art. 141,
    PCT 条约 4(3),
    PCT 条约 43,
    PCT 细则 49bis.1(a),
    PCT 细则 49bis.1(b),
    PCT 细则 76.5

    If the applicant wishes to obtain a utility model instead of a patent in Spain, on the basis of an international application, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office, preferably in the corresponding box of the application form.
    ES.11
    SRD Art. 58
    The requirements for the national phase are basically the same as for patents.
    ES.12
    PCT 条约 7(2)(ii),
    PCT 细则 7.2

    Where the international application does not contain drawings, the applicant must furnish the drawing(s) within the time limit applicable under PCT Article 22 or 39(1). Where the applicant does not furnish the drawing(s) within that time limit, the Office will invite him to furnish the drawing(s) within a time limit fixed in the invitation. Where an international patent application is converted into a utility model application (refer to the next paragraph), the drawing(s) must be submitted together with the request for conversion.
    [MT] ES.13 转换
    SPL Art. 51,
    SRD Art. 46

    An international application for a patent may be converted into a utility model application after the applicant has complied with the requirements for entry into the national phase for a patent application, as indicated in the Summary. The conversion is subject to the payment of a fee for conversion indicated in Annex ES.I and may be requested until the end of the substantive examination of the patent application.
    ES.14
    SRD Art. 46
    An international application for a utility model may be converted into a patent application after the applicant has complied with the requirements for the entry into the national phase for a utility model application, as indicated in the Summary. The conversion is subject to the payment of a fee for conversion indicated in Annex ES.I and may be requested before the grant of the utility model.

    [MT] 附件 1

    [MT] 附件ES.I - 收费
    For further information refer to Invention fees:
    https://www.oepm.es/en/tasas-y-precios-publicos/tasas-de-invenciones/
    [MT] 专利或实用新型
    [MT] 申请费
    Online 87.03 EUR
    On paper 102.39 EUR
    [MT] 转换费
    Online 8.94 EUR
    On paper 10.50 EUR
    [MT] 修改费
    Online 20.11 EUR
    On paper 23.65 EUR
    [MT] 请求现状报告
    Where the Office benefits from a prior international search report, this fee may be refunded or reduced depending upon the extent to which the Office benefits from that earlier search refer to:
    — SPL, Art. 183.2
    https://www.boe.es/buscar/act.php?id=BOE-A-2015-8328
    — Instruction on the refund of search report fee and substantive examination fee
    https://www.oepm.es/export/sites/portal/comun/documentos_relacionados/PDF/2019_03_06_Reembolso_Tasas_IET_Resolucion.pdf
    Online 593.65 EUR
    On paper 698.42 EUR
    [MT] 审查请求
    Where the Office benefits from a prior international preliminary examination report, this fee may be refunded or reduced depending upon the extent to which the Office benefits from that earlier examination report refer to:
    — SPL, Art. 183.3
    https://www.boe.es/buscar/act.php?id=BOE-A-2015-8328
    — Instruction on the refund of search report fee and substantive examination fee
    https://www.oepm.es/export/sites/portal/comun/documentos_relacionados/PDF/2019_03_06_Reembolso_Tasas_IET_Resolucion.pdf
    Online 337.96 EUR
    On paper 397.61 EUR
    [MT] 年费:
    [MT] — 从国际申请日起计算的第三年
    18.85 EUR
    [MT] — 从国际申请日起第四年
    23.52 EUR
    [MT] — 从国际申请日起第五年
    45 EUR
    [MT] — 从国际申请日起第六年
    66.41 EUR
    [MT] — 从国际申请日起第7年
    109.63 EUR
    [MT] — 从国际申请日起第八年
    136.47 EUR
    [MT] — 从国际申请日起第九年
    171.26 EUR
    [MT] — 从国际申请日起计算的第十年
    220.40 EUR
    [MT] — 从国际申请日起第11年
    276.27 EUR
    [MT] — 从国际申请日起第12年
    324.37 EUR
    [MT] — 从国际申请日起第13年
    372.39 EUR
    [MT] — 从国际申请日起第14年
    420.86 EUR
    [MT] — 从国际申请日起第15年
    449.45 EUR
    [MT] — 从国际申请日起第16年
    468.07 EUR
    [MT] — 从国际申请日起第17年至第20年
    per year 499.85
    [MT] 年费正常化费
    On paper 102.01 EUR
    [MT] 上诉费
    Online 76.39 EUR
    On paper 89.86 EUR
    [MT] 恢复权利的请求
    Online 91.35 EUR
    On paper 107.46 EUR
    [MT] 如何支付费用?
    The payment of fees may be effected by electronic means or in cash. All payments must be in Euro and indicate the application number, if already known, the name of the payer and the category of fee being paid.
    For more information, refer to Forms of payment of fees:
    https://www.oepm.es/en/formas-de-pago/Pago-de-tasas/index.html
    [MT] 表格
    The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
    Annex ES.II - Request for entry into the national phase
    Annex ES.III - Power of attorney
    Annex ES.IV - Deed of assignment
    Current version applicable from 2026年1月1日 , printed on 2026年2月13日
    2.2 #71 - 2026-02-10T18:40:34.131+01:00