Over the past two years, Spain has seen sustained growth in the number of European patent grants. According to the most recent data from the Spanish Patent and Trademark Office (OEPM), there was a 12.7% increase in 2024 compared to the previous year. This trend reflects a growing interest in protecting inventions in the Spanish market and is driven by various strategic, regulatory, and economic factors that should be taken into account when planning an intellectual property strategy.
What is the validation of a European patent in Spain?
When the European Patent Office (EPO) grants a patent, the applicant has three months from the grant date to request that the patent take effect in Spain. This procedure is known as the validation of a European patent in Spain.
Through this process, the European patent becomes legally valid within Spain and allows the owner to exercise their rights in the Spanish market. This is an essential step for those who wish to protect their invention in Spain, especially given that Spain is not part of the unitary patent system, which makes national validation essential for obtaining legal protection.
A favorable environment for obtaining a patent in Spain
The 12.7% increase in validations recorded in 2024 reflects Spain’s appeal as a key destination for commercializing innovations. At a time when the unitary patent has been in effect in other European countries since June 2023, many patent holders continue to choose to validate their patents in Spain (a country that is not part of the unitary system).
This data, combined with the increase in concessions granted by the OEP (approximately 5% more than in 2023), has a direct impact on national validation activities, especially in countries such as Spain, where companies are seeking to position themselves competitively in the market.
Sectors such as biotechnology, the pharmaceutical industry, and engineering technology find a mature market in Spain, with a strong commitment to investing in innovation.
Technical translations: an essential step in patent validation
One of the fundamental requirements for validating a European patent in Spain is the submission of a technical translation into Spanish of the patent granted by the EPO. These translations must be faithful and accurate representations of the text of the granted patent, since the protection that patent will enjoy in Spain depends on this.
For this reason, it is essential that translations be performed by translators who specialize in patents and have experience in various technical fields (biotechnology, pharmaceuticals, engineering, among others). This high degree of specialization ensures that the terms used accurately reflect the content of the original document, enabling correct interpretation by third parties, courts, or potential licensees.
How do I choose between a unitary patent and national validation?
The entry into force of the unitary patent has changed the landscape in Europe, as it has introduced a simplified approach that includes a single maintenance fee and the advantage of resolving disputes in a single court, rather than facing multiple legal proceedings in different national jurisdictions. However, its suitability depends on a number of factors.
For companies operating in a small number of European countries (three or fewer), national validation remains the most cost-effective and strategic option. The Unitary Patent is typically more expensive than the traditional system of validations, so it would make more sense to validate the patent only in the countries where the technology will be commercialized.
On the other hand, for those seeking broader protection (four or more countries participating in the unitary system), opting for the unitary patent could result in significant savings on maintenance costs, in addition to simplifying administrative procedures. However, they will still need national validation in Spain to secure their position in our market.
For a more detailed analysis, we recommend reading the article published on our blog: “Unitary Patent or Traditional Patent Validation System?”, which explores the advantages and disadvantages of each model using practical examples.
Patent Validation in Spain: How to Choose the Best Strategy?
The increase in the number of European patents granted in Spain is a clear sign of our country’s growing importance as a strategic location for the protection of technological assets. In an environment marked by intense competition, choosing the right protection system is essential to ensuring a successful return on R&D investments and to strengthening one’s market position.
Having an expert team to advise on the validation process, technical translations, and the legal implications of each option is essential to ensuring effective protection that is aligned with business objectives. For this reason, it is essential to evaluate each case individually to determine the most appropriate protection system, taking into account the specific characteristics of each invention, business objectives, and regional development strategies.
Mónica Amores, Partner at Elzaburu and Head of the Validation Department