National Law relating to EPC, II. Filing of European patent applications, Spain
II. Filing of European patent applications
| 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. Filing the applications by facsimile is not allowed. Applications can be filed online using OEPMSEI or ES-EOLF V5.0 software: OEPMSEI is a web application which allow filing an application without any local installation. On the other hand, ES-EOLF is developed on the basis of the EPO's EPOLINE OLF V5.0.15 software and requires local installation. The main features of OEPMSEI are: – Login is required based on Cl@ve, wich supports different mechanism, such as electronic qualified certificates, EIDAS European digital identity, and double authentication factor. – Web responsive. – Compliance with 2016/2102 European Directive – Anex F document compliance The main features of EOLF are: – Registration with the OEPM is required. – Electronic signature and authentication with qualfied certificate or EPO smartcard. – Anex F document compliance All the relevant details can be found (in Spanish) at: Art. 152.4 NPL |