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Frequently Asked Questions

 

Respondemos todas aquellas dudas referentes a los diferentes procesos implicados en la propiedad industrial.

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Todas
Propiedad Industrial
Marcas y Nombres Comerciales
Marcas colectivas y de garantía
Prueba de uso
Marcas internacionales
Transformaciones
Patente nacional y modelo de utilidad
Certificado complementario de protección
Patente europea y validación
Solicitud internacional PCT
Restablecimiento de derechos
Transmisiones y licencias
Tasas
Gestión y valoración de patentes
Representación
Agentes de la propiedad industrial (API)
Examen de calificación europeo (EQE)
Representación y Brexit
Clasificaciones
Nulidad y caducidad de marcas y nombres comerciales
Indicaciones geográficas

To find out the cost of patent applications in other countries, consult the websites of the corresponding patent offices.

On the European Union portal "innovaccess" you will find an automated cost calculator for patent applications in European countries (http://www.innovaccess.eu/cost-information).

The approximate costs up to the moment a patent is granted are as follows (2015) (in order to see the exact figures please consult the relevant section):

National patent in Spain without Preliminary Examination

€800

 

National patent in Spain with Preliminary Examination

€1,200

 

Europe (2015 status) (not including validation and translation costs)

€5,000

 

Europe (2015 status) (not including validation and translation costs in 11 countries)

Approx. €40,000

 

International Patent (International phase without Preliminary Examination)

€3,250

 

The amounts shown for a national patent include a Report on the State of the Art made by an expert in the field of the invention claimed and any correction of faults in the application. This report is preceded by an exhaustive search in a document archive that contains more than 90 million documents from 70 different countries and a diagnosis of the novelty of the requested patent.

The cost of the European patent in the first case refers to the costs of processing an average application, not including validation and translation costs. In the second case, it refers to an application for protection in 11 states and includes the costs for processing, validation and translation into the language of those states. Some 39% of costs are related to translations.

The average cost in euros for the PCT international procedure, which is a preliminary procedure for presenting patent applications in up to 148 countries (2015) does not include national fees, which are fixed by the respective patent offices and payment of which is required for the invention to be protected in the designated countries. It only includes the international phase which will be continued by the national recognition phase from country to country after payment of the relevant fees.

The costs described do not include payments to Industrial Property Agents.

Yes. You will then obtain an application submission date as early as possible before anyone else presents it.

No, not if you want to obtain the legal protection provided by a patent or utility model. Only new inventions can be protected, that is, those which have not been made known publicly in Spain or abroad, either in writing or verbally or by any other means; in other words, inventions that are not included in what is known as the “state of the art”.

Exceptions are made to the above in some cases, such as the presentation of an invention in officially recognised exhibitions, in which case, applicants have six months from the date when the invention was displayed in which to prepare an application that must be accompanied by the relevant official certificate. In all cases, it is important to bear in mind that officially recognised exhibitions can vary, depending on the country in which the applicant wishes to apply for protection.