Guide · Patents
How to patent an idea in Spain
What can be patented, what it costs, how the process works at the Spanish Patent and Trademark Office (OEPM) and which drawings you have to file.
Unai Pz. de A. · Reviewed on 12/10/2026 · 8 minutes
- Can your idea be patented?
- Patent or utility model
- The steps at the OEPM
- What it costs
- Which drawings the application needs
- Who does what
Can your idea be patented?
An idea as such cannot be patented. It has to become an invention: a specific technical solution to a technical problem. It must meet three requirements:
- Novelty. Nothing identical published, sold or used before, in any country.
- Inventive step. It must not be obvious to an expert.
- Industrial application. It must be possible to make or use it.
Before spending money, check whether something similar already exists on Espacenet, which is free.
What does not count as an invention
On their own: discoveries, scientific theories, mathematical methods, aesthetic creations, business methods and computer programs.
Patent or utility model
For simple mechanical objects there is a cheaper and quicker alternative: the utility model.
| Patent | Utility model | |
|---|---|---|
| Protects | Products and processes | Objects (not processes) |
| Lasts | 20 years | 10 years |
| Examination | Search report and examination | No examination; third-party opposition within 2 months |
| Fees | About €1,000 | About €87 |
Source: OEPM applicant's manual for utility models (in Spanish).
The steps at the OEPM
- Before
Define the invention and search for prior art
What problem it solves, how it works and whether something identical exists.
- Day 0
File the application
Description, claims, abstract and drawings. That date is the one that counts.
- About 10 days
Formal check
The OEPM checks that it can assign a filing date.
- Then
Search report
The OEPM looks for earlier documents and gives an opinion on whether your invention is new.
- Month 18
Publication
The application is made public.
- 3 months after the report
Request examination
If you don't request and pay for it, the application is deemed withdrawn.
- End
Grant
It is published and third parties have 6 months to oppose it.
Source: OEPM applicant's manual for patents (in Spanish).
What it costs
| Item | Standard | SME or entrepreneur |
|---|---|---|
| Application | €87.03 | €43.52 |
| Search report | €593.65 | €296.83 |
| Substantive examination | €337.96 | €168.98 |
| Total up to grant | €1,018.64 | €509.33 |
Source: OEPM fee table (in Spanish). Paper filing costs a little more, and fees change every year: check them before you file.
On top of the fees, if you hire them, comes the work of the patent attorney and of the engineer who prepares the drawings. Every year the OEPM offers grants for SMEs and individuals.
Which drawings the application needs
- A4 sheets, one side only, no frame.
- Minimum margins: 35 mm at the top, 25 mm at the sides and 20 mm at the bottom.
- Reference numerals that match the description.
- No text, except for essential words.
If your invention is mechanical, I prepare the drawings from the 3D model: invention development and patent drawings.
Who does what
- You
- The idea and the business decisions.
- Engineer
- Defining the invention, 3D model, analysis and drawings.
- Patent attorney
- Strategy, claims and procedures.
- OEPM
- Search report, examination and grant.
This guide explains the process, but it is not legal advice.
Frequently asked questions
Can I patent without a prototype?
Yes, as long as the invention is described in enough detail for an expert to reproduce it.
Can I file the application myself?
Yes. Even so, the claims define what is protected, and it is worth having an attorney review them.
What if I want protection outside Spain?
It can be extended, but costs rise significantly. Decide with your attorney before filing.
Do you have a mechanical invention?
I help you define it and prepare the drawings. I sign a non-disclosure agreement before seeing anything.
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