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Contracting State
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Spain
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1 Must a national professional
representative be appointed?
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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
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2 Period for filing the translation
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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
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3 (a) Special fee payable? (b) If so,
when due?
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(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
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4 Language(s) in which the translation
must be filed
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Spanish (see column 11)
Art. 7 RD 2424
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5 Must a form be used?
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Yes
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6 No. of copies to be filed
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3
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7 Are documents which meet the formal
requirements pursuant to Rules 32 and 35(3)-(14) EPC accepted?
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Yes
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8 Manner and form in which the
translation is made available to the public
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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
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9 Correction of translation permitted?
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Yes
Art. 12 RD 2424
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10 Is provision made for a special fee
for correction?
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Yes, cf. column 3(a)
Art. 12 RD 2424
Fees Law
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11 Special features
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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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