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?

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.

PatentUtility model
ProtectsProducts and processesObjects (not processes)
Lasts20 years10 years
ExaminationSearch report and examinationNo examination; third-party opposition within 2 months
FeesAbout €1,000About €87

Source: OEPM applicant's manual for utility models (in Spanish).

The steps at the OEPM

  1. Before

    Define the invention and search for prior art

    What problem it solves, how it works and whether something identical exists.

  2. Day 0

    File the application

    Description, claims, abstract and drawings. That date is the one that counts.

  3. About 10 days

    Formal check

    The OEPM checks that it can assign a filing date.

  4. Then

    Search report

    The OEPM looks for earlier documents and gives an opinion on whether your invention is new.

  5. Month 18

    Publication

    The application is made public.

  6. 3 months after the report

    Request examination

    If you don't request and pay for it, the application is deemed withdrawn.

  7. 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

OEPM fees, online filing (checked on 12/10/2026)
ItemStandardSME 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.
AAFIG. 1FIG. 2FIG. 3 A–A123451314
Example sheet with a fictitious part. The dashed line marks the margins.

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.