National Law relating to EPC, III.B Translations for obtaining provisional protection, Spain
III.B Translations for obtaining provisional protection
| Contracting state | Spain |
|---|---|
1Must a national professional representative be appointed? |
No, if applicant resides in Spain or in a country of the EU. Requirements in section 7 must be observed. Art. 175 NPL |
2 (a) Special fee payable? (b) If so, when due? |
(a) EUR 109.97 for translations on paper, EUR 93.48 in electronic form Note: the fees may be revised at the beginning of each year. (b) When filing the translation. In the case of non-payment, the OEPM will require that the fee be paid within 2 months of issue of this requirement. The translation is not published until the fee has been paid. Art. 154 and 155 NPL |
3Language(s) in which the translation must be filed |
Spanish Art. 154 NPL |
4 (a) Must a form be used? (b) No. of copies to be filed |
(a) Yes (b) 1 |
5Manner and form in which the translation is made available to the public |
Translation in the form of a specification, accessible via the INVENES database (Invenes (oepm.es)) Copies available on payment of a fee Mention in "Boletín Oficial de la Propiedad Industrial" Entry in the patent register Art. 37, 55, 154 and 156 NPL |
6Correction of translation (a) permitted? (b) Special fee payable? |
(a) Yes (b) Yes, as in section 2 Art. 96 RD 316 |
7Special features |
Applicants with neither residence nor principal place of business in Spain must have the translation done by a patent attorney accredited by the OEPM or by a sworn translator/interpreter appointed by the Spanish Ministry of Foreign Affairs or another professional having – knowledge corresponding to at least level C2 of both the original language and Spanish and – a university degree in the technical sector concerned or experience in the form of at least 20 translations of patents in the technical sector. Art. 154 NPL and MO 320 |