The possible commencement of patent validation in Spain occurs when the EPO issues the publication of the mention of the grant. From that publication, the holder has 3 months, with a possible extension of 2 additional months, to validate the patent before the Spanish Patent and Trademark Office (SPTO).
It is worth mentioning the formal translation requirements established by the SPTO. The translation must be carried out by authorised professionals, i.e. either Intellectual Property Agents or Sworn Translators. On the other hand, the persons acting before the SPTO must be authorised persons: interested parties with the capacity to act or Intellectual Property Agents. It is important to note that in the case of non-resident owners, the authorised persons must be Intellectual Property Agents.
With regard to the material requirements of the translation, among others, it may be submitted online or on magnetic media. Likewise, in the case of telematic format, the submission must be made with a digital electronic certificate. On the other hand, requirements are established regarding the type and size of the font, the format of the paper, the structure of the document, the margins, etc.
The translation must also be accompanied by a copy of the drawings published in the European Patent Prospectus, even in cases where the drawings do not contain legends that can be translated.
Which country validated the most patents in Spain in 2021?
In 2021, the Spanish Patent and Trademark Office (SPTO) validated 32.330 patents in Spain. Below is a list of the ten countries that validated the most patents in Spain in 2021.
In first place is the United States of America with 7.925 validations. In second and third place, Germany with 5.589 validations and France with 2.794. In fourth and fifth place, Italy with 1.775 validations and Japan with 1.766 validations. In sixth and seventh place are Switzerland with 1.573 and the United Kingdom with 1.316 validations. Finally, in eighth, ninth and tenth position respectively, China has validated 1.282 patents, the Netherlands 896 and Sweden 817.
As has been observed, the United States is the country that has processed the most validations, along with several European countries. However, China and Japan also appear on the list, which implies a globalisation of validations at the SPTO.