Legal basis for levying renewal fees

Art. 17 RD 2424

Enquiries re renewal fees and validity:

Tel. (+ 34 91) 349 55 32

1 Amount of fees

plus any charges levied by banks

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

Art. 17 RD 2424

Art. 161 PL

Fees Law

2 (a) Due date (in the patent year concerned) (b) Time limit for payment (without surcharge)*

(a) last day of the month in which the date of filing occurred

(b) 1 month from due date

Art. 17 RD 2424

Art. 161 PL

* For first renewal fee to be paid, see Art. 141(2) EPC.

3 Period of grace for payment of fees (with surcharge) (a) duration (b) surcharge

(a) 6 months from expiry of the time limit under column 2(b)

(b) 25% if paid within 3 months, 50% if paid within 6 months of due date

(a) and (b) After expiry of the period of grace renewal may still be secured by paying, before the due date for the next renewal fee, the fee for the 20th year.

Art. 17 RD 2424

Art. 82 RD 2245

4 Communication of a reminder in cases of non-payment (a) provided for (b) date of despatch

(a) No

(b) N/A

5 Restitutio in integrum (a) provided for (b) time limit for submitting application

(a) Yes, in case of force majeure

(b) within 6 months of publication in the "Boletín Oficial de la Propiedad Industrial" of the lapse of patent

Art. 117 PL

6 Appointment of a national professional representative for (a) payment of fees (b) communication of a reminder of non-payment (c) proceedings in respect of restitutio in integrum

(a) No, if proprietor resides in a country of the EU

(b) N/A

(c) Yes

7 Information regarding lapse of patent in cases of non-payment of renewal fees

Entry in Register of Patents

Publication in "Boletín Oficial de la Propiedad Industrial"

Art. 49 RD 2245