National Law relating to EPC, IV. Translation requirements after grant, Spain
IV. Translation requirements after grant
| Contracting state | Spain |
|---|---|
1Contracting state to the London Agreement on the application of Art. 65 EPC? |
No |
2Translation requirements |
A translation of the patent specification into Spanish must be supplied under the conditions provided for in Art. 65(1) EPC (see section 9). Art. 155 NPL |
3Must a national professional representative be appointed? |
No, if proprietor resides in Spain or in a country of the EU. Requirements in section 9 must be observed. Art. 175 NPL |
4Period for filing the translation |
3 months after the date on which the mention of the grant, maintenance in amended form or limitation of the European patent is published in the European Patent Bulletin (see section 9). This time limit can be extended, under request, for two months. Art. 155 NPL |
5 (a) Special fee payable? (b) If so, when due? |
(a) EUR 327.38 plus EUR 13.16 for each page of the translation in excess of 22 for translations on paper, or EUR 278.28 plus EUR 11.19 for translations 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 to pay the fee within two months from the requirement. Translation is not published until the fee has been paid. Art. 155 NPL |
6 (a) Must a form be used? (b) No. of copies to be filed |
(a) Yes (b) 1 |
7Manner and form in which the translation is made available to the public |
Translation and any corrections published in the form of a patent specification, accessible via the INVENES database (Invenes (oepm.es)) Mention of the filing of the translation in "Boletín Oficial de la Propiedad Industrial" Entry in the patent register Art. 37, 55, 154 and 156 NPL |
8Correction of translation (a) permitted? (b) Special fee payable? |
(a) Yes (b) Yes, see section 5(a) Art. 96 RD 316 |
9Special 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. The translation must be accompanied by a copy of the drawings in the EP specification even where there is no textual matter. Restitutio in integrum is provided for in cases where an applicant or owner has failed to comply with a time limit for an action in a procedure before the Office in spite of due care required by the circumstances, and that failure has the direct consequence of causing a loss of rights. The request has to be filed within 2 months of removal of the obstacle, provided that the request is filed within 12 months from the date of expiry of the applicable time limit. Art. 53, 155 NPL |