The processing procedure step-by-step
- The Spanish Patent and Trademark Office will guide you through the granting procedure with timely notifications in which you will be informed of actions and the legal deadlines for carrying them out. It is very important, therefore, that the SPTO have your updated personal details at all times.
The first notification you will receive is the Acceptance for Processing for your Application, which assigns a final Presentation Date.
- Once it has been agreed to go ahead with the procedure, the application will be made available to the public for filing oppositions.
- After your application has been published, you can monitor the administrative situation of your file at all times through this Office's website (“Search for yourself” section: File status).
- If oppositions are filed, it will be advisable to analyse a possible modification of those claims affected by the documents on which the opposition is based or that plead what is considered appropriate, in order to avoid possible infringements of existing patents.
- Finally, in light of the oppositions and the possible modifications or allegations, the SPTO will decide on whether to grant the application registration or not.
- The final decision will be duly notified. If the decision is to grant the patent, a period of three months is opened from its publication in the Official Industrial Property Gazette in which to pay the granting fees and retrieve the title.
Enlaces de interés
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