National Law relating to EPC, VII. Conversion of European patent applications or patents into national patent applications, Spain
VII. Conversion of European patent applications or patents into national patent applications
| Contracting state | Spain |
|---|---|
1Basis for conversion |
Deemed withdrawal pursuant to Art. 77(3) EPC Deemed withdrawal pursuant to Art. 90(3) EPC because the translation in the language of the proceedings was not filed in time (see also section 5) Art. 158 NPL |
2Procedural steps to be taken |
(a) Payment of – filing fee (EUR 102.39 for paper filings/EUR 87.03 for electronic filings) – fee for each priority (EUR 20.05 for paper filings/EUR 17.04 for electronic filings) (b) Filing of a Spanish translation Note: the fees may be revised at the beginning of each year. Art. 98 RD 316 |
3Time limit for taking procedural steps referred to in section 2 |
2 months after receipt by OEPM of the request for conversion Art. 98 RD 316 |
4Must a national professional representative be appointed? |
The procedural steps referred to in section 2 may be taken by the applicant or his representative before the EPO; an authorised professional representative before the EPO is not required to file a new authorisation. All subsequent procedural steps must be taken by an authorised national representative, if the applicant has neither a residence nor his principal place of business in the EU. Art. 158 NPL |
5Special features |
The EP application may also be converted into an application for a utility model. The same applies to applications refused by the EPO, withdrawn or deemed to be withdrawn. Art. 159 NPL |