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IV. Filing of translations of the patent specification under Article 65 EPC
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Introduction Abbreviations National legal bases Filing of European patent applications pursuant to Article 75, paragraphs 1(b) and 2, EPC Rights conferred by a European patent application after publication pursuant to Article 93 EPC (Article 67 EPC) Filing of translations of the claims pursuant to Article 67(3) EPC Filing of translations of the patent specification under Article 65 EPC Authentic text of a European patent application or European patent (Article 70 EPC) Payment of renewal fees for European patents Conversion of European patent applications or patents into national patent applications or patents Payment of fees Registering a transfer, licences and other rights in respect of a European patent in the national patent register Miscellaneous

Contracting States

Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Liechtenstein
Lithuania
Luxembourg
Monaco
Netherlands
Poland
Portugal
Spain
Romania
Slovakia
Slovenia
Sweden
Switzerland
Turkey
United Kingdom

Extension States

Albania
Bosnia and Herzegovina
Croatia
Latvia
Lithuania
The former Yugoslav Republic of Macedonia
Romania
Serbia and Montenegro Slovenia


National legal basis

Filing patent applications

Rights conferred

Translations of claims

Tranlations of patent specifications

Authentic text

Renewal fees

Conversion

Payment of fees

Registering a transfer

Miscellaneous 

 

Contracting State
Spain

Contracting State

Spain

1 Must a national professional representative be appointed?

No, if proprietor resides in Spain or in a country of the European Union. Requirements in column 11 must be observed

Art. 155 PL

Art. 3 Law 8/98

2 Period for filing the translation

3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin

Art. 8 RD 2424

3 (a) Special fee payable? (b) If so, when due?

(a) EUR 255.14* plus EUR 10.25 for each page of the translation in excess of 22 (EUR 216.05 plus EUR 8.19 for translations on magnetic data carrier)

(b) Translation is not published until the fee has been paid.

* Note: the fees may be revised at the beginning of each year.

Art. 9 RD 2424

Fees Law

4 Language(s) in which the translation must be filed

Spanish (see column 11)

Art. 7 RD 2424

5 Must a form be used?

Yes

6 No. of copies to be filed

3

7 Are documents which meet the formal requirements pursuant to Rules 32 and 35(3)-(14) EPC accepted?

Yes

8 Manner and form in which the translation is made available to the public

Translation and any corrections published in the form of a printed patent document

Mention of the filing of the translation in "Boletín Oficial de la Propiedad Industrial"

Entry in the Patent Register

Art. 37 PL

Art. 9, 10, 12 RD 2424

9 Correction of translation permitted?

Yes

Art. 12 RD 2424

10 Is provision made for a special fee for correction?

Yes, cf. column 3(a)

Art. 12 RD 2424

Fees Law

11 Special features

Patent proprietors with neither residence nor principal place of business in Spain must have the translation prepared by a patent attorney accredited to OEPM or by a sworn interpreter appointed by the Spanish Ministry of Foreign Affairs.

The translation must be accompanied by a copy of the drawings in the EP specification even where there is no textual matter.

Art. 8 RD 2424

 


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Version: NatLaw-july 2004
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