Template of Liability declaration on the compliance with the requirements for the translation of European patents and international patent applications

Available at the SPTO website

The Law 24/2015, of July 24th, on Patents states that a patent or a patent application will only have legal effects in Spain if it is written in Spanish or if a translation to this language is submitted within the terms that regulation establishes. In this sense, the articles 154.2 and 169.2 of the law stipulate that the corresponding translations can be submitted by IP Agents, whose activity access depends on passing a qualification exam which includes language and IP knowledge tests, as well as sworn translators who should also pass an demanding exam on language knowledge.

However, legal framework foresees the extension of the patent translation activity to other authorised people without prejudice to the patent holder rights nor the general interest. In this sense, the Royal Decree 316/2017, of March 31st, which approves the Execution Regulation of the Law 24/215, foresees at its 5th Final Disposition the approval of the requirements and criteria to perform faithful and exact translations in accordance with the provisions of the Patent Law. These requirements should be stated by Order of the Ministry of Energy, Tourism and the Digital Agenda, prior report to the Government Delegate Commission for Economic Affairs.

In this regard, the Order ETU/320/2018, of March 26th, published on the Official State Gazette, states the requirements and conditions that enable other authorised people different from those specifically empowered by the articles 154.2 and 169.2 of the Law 24/2015 on Patents, to translate European patents and international patent applications. The second point of its unique article establishes that the translations submitted by a person included in the previous point should be accompanied by a liability declaration stating that the demanded requirements and conditions are accomplished. For this purpose and to meet what is stated at aforesaid Order, the SPTO makes the liability declaration template available at its website.