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What application procedures can I use to have a patent granted in Spain?

Applicants can choose voluntarily between the General Granting Procedure or the Procedure with Preliminary Examination.

In both cases, once the Report on the State of the Art (SAR) has been published, there follows a three month period in which the applicant can decide which procedure they would like their application to be processed under.

If the applicant opts for the General Procedure, the application will eventually be successful, provided that the applicant continues with the process and even though the SAR is unfavourable.

If the applicant chooses the Procedure with Preliminary Examination the SPTO will examine the patent request thoroughly and proceed to grant or reject it (either totally or partially).

On 1 April 2017, the New Patent Act 24/2015, of 24 July, will enter into force and all applications will be processed following the procedure with Preliminary Examination.

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