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VII. Conversion of European patent applications or patents into national patent applications or patents
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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 Basis for conversion

Deemed withdrawal pursuant to Art. 77(5) EPC

Deemed withdrawal pursuant to Art. 90(3) EPC because the translation in the language of the proceedings was not filed in time (see also column 5)

Art. 13 RD 2424

2 Procedural steps to be taken

(a) Payment of

- filing fee (EUR 84.71*)

- fee for each foreign priority (EUR 19.61*)

- any renewal fees due

(b) Filing, in triplicate, of a Spanish translation

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

Art. 14 RD 2424

3 Time limit for taking procedural steps referred to in column 2

2 months after receipt by OEPM of the request for conversion

Art. 14 RD 2424

4 Must a national professional representative be appointed?

The procedural steps referred to in column 2 may be taken by the applicant or his representative before the EPO; an authorised professional representative before the EPO is not required to file a new authorisation. All subsequent procedural steps must be taken by an authorised national representative, if the applicant has neither a residence nor his principal place of business in the EU.

Art. 14 RD 2424

Art. 3 Law 8/1998

5 Special features

The EP application may also be converted into an application for a utility model. The same applies to applications refused by the EPO, withdrawn or deemed to be withdrawn.

Art. 15 RD 2424

 


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Version: NatLaw-july 2004
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