Protection of Graphical User Interfaces as Registered Design Rights or Design Patents in Spain

• Official fee for filing a registered design application in Spain starts at €66.27 per design up to 10 designs.
• For the subsequent designs, up to 20 designs, the fee is €57.99 per design.
• For the subsequent designs, up to 30 designs, the fee is €48.16 per design.
• For the subsequent designs, up to 40 designs, the fee is €38.53 per design 
• For the subsequent designs, up to 50 designs, the fee is €30.86 per design 

Must renew the registration on its fifth anniversary, for up to a maximum of 25 years. The renewal application shall be submitted, accompanied by proof of payment of the renewal fee, within the six months prior to the expiry of the corresponding period of validity.

Fees:

• €85.54 per design up to 10 designs
• For the subsequent designs, up to 20 designs, the renewal fee is €68.44 per design.
• For the subsequent designs, up to 30 designs, the renewal fee is €54.74 per design.
• For the subsequent designs, up to 40 designs, the renewal fee is €43.80 per design.
• For the subsequent designs, up to 50 designs, the renewal fee is €35.03 per design

Late renewal is possible within 6 months after the end of the period of validity. In such a case the renewal fees are increased by 25% if payment is made during the first three months, and by 50% if it is made within the following three months.

The SPTO is experiencing massive delays so assuming no Registry objections are identified, it could take up to 6 months from filing to grant of a design right for a GUI in Spain.

The 12 months prior to the date of filing of the application or, if priority is claimed, to the priority date.

Up to 30 months.

No, a POA is not required.

If claiming priority, the applicant must specify this in the application and provide the number and submit a copy of the previous application certified by the office of origin within three months of the date of submission of the application for registration. The copy must certify or be accompanied by a certificate of the date of filing of the previous application issued by the Office of origin and a translation into Spanish if the previous application was written in another language.

Design applications are subject to a formalities’ examination as well as to a substantive examination limited to three grounds for non-registrability:

• if the subject matter of the application constitutes a design in the legal sense (i.e.: the appearance of the whole or part of a product, which results from the characteristics of, in particular, the lines, contours, colours, shape, texture or materials of the product itself or its ornamentation);
• if it is not contrary to public order or morality;
• if it constitutes an improper use of any of the elements listed in Article 6 ter of the Paris Convention, or of distinctive signs, emblems and coats of arms other than those referred to in Article 6 ter, which are of public interest, such as the coat of arms, flag and other emblems of Spain, its autonomous communities, municipalities, provinces or other local entities, unless duly authorised.

No. Except for the three grounds for non-registrability mentioned above, there is no substantive examination of the design being applied and as such prior art searches will not be performed by the SPTO examiners, as they will not examine the design’s novelty or individual character.

Yes, but limited to verifying that the formalities indicated in question 9 above are fulfilled.

There is no guidance where priority is claimed from a design patent which might be visually different but might still cover the same subject matter.

No, design applications in Spain are open to opposition after they have been granted.

The representation of each design may comprise from one to seven different views of the design applied for. If more than seven views or perspectives are submitted, the SPTO may disregard those exceeding this limit, both for registration and publication purposes, in the order in which they were numbered by the applicant.

Yes, a sequence of animations can be protected within a single design application. Video uploads are not permitted so it should be protected by using a series of static images (up to seven as mentioned above) showing the sequence in such a way as to provide a clear perception of movement or progression. Please note that, the different images used to show the sequence of the animation must be visually related (i.e. must have features in common).

No, written disclaimers are not allowed in design applications. Where the applicant wishes to disclaim any feature of a design, this must be shown visually in all views in which it appears. When a disclaimer is required, the use of dotted lines is recommended. Only when dotted lines cannot be used for technical reasons (e.g. when used to indicate seams on garments or patterns, or when photographs are used) other types of disclaimers may be used, such as colour shading, outlines or blurring.

The SPTO’s Design Guidelines at paragraph 2.1.19 provides guidance on how visual disclaimers can be used to exclude features from protection.

There are not drawing conventions recognized in Spain for GUI design applications specifically.

In general:

• The SPTO accepts drawings, black and white or colour photographs, computer-generated images or other graphic representations, provided that they are suitable for reproduction.
• The designs shall be reproduced on a neutral background, without retouching with ink or correction fluid. A background is considered neutral to the extent that it allows the design appearing on it to be clearly distinguished from its surroundings, without interference from any other object, accessory or decoration whose inclusion in the reproduction could give rise to doubts as to the protection sought. In other words, the requirement for a neutral background does not require a “neutral” colour or an “empty” background. It is, however, essential that the design stands out clearly from the background so that it is identifiable.
• The representation shall not include explanatory expressions or symbols except for the indication ‘top’, if deemed necessary.
• Dotted lines may be used in a perspective view, either to indicate elements for which protection is not sought or to indicate parts of the design that are not visible in that perspective, i.e. lines that are not visible.
• The features of the design for which protection is sought may be outlined, for example with thicker lines.
• Colours may be used in a black and white drawing to highlight the features of the design for which protection is sought. However, sections, dimensions or measurements are not permitted. If the design is ornamental, dotted lines may be used to identify a product to which it is applied or to delimit the ornamentation.
• It is up to the applicant to use dotted lines, circles or colours to make it clear which features are being protected, and which are not, as the examiner will not carry out any examination other than checking that the reproduction is suitable for publication.
• It is recommended that designs be represented using only one visual format (e.g. a drawing or photograph).
• A single enlarged view is acceptable provided that the enlarged part is already visible in one of the other views provided. The view showing the enlarged part of the design must be presented in a single separate view.
• The reproduction of the design may be submitted in black and white (monochrome) or in colour. Reproductions combining black and white perspectives with colour perspectives are likely to be objected to on the grounds of lack of consistency and the resulting legal uncertainty for the protection sought.

GUIs can also be protected under copyright law (graphic work) provided they possess a certain degree of originality (creative height), and as a trademark through the registration of its different elements (the screen display, icons, logos, etc.)

Any additional IP rights co-exist alongside any registered design right.

Design protection for GUIs in Spain is still very rare and there are no guidelines or directions tailored by the SPTO with respect to its graphic representation. Therefore, one of the main difficulties when it comes to submit an application for GUI design applications is its illustration due to the limitation of 7 views per design. 

It is extremely important that the graphic representation of the design for which protection is sought is clear and complete and that no element of the design is left undefined.

The different static images showing the sequence/progression of the GUIs must be visually related (i.e. must have features in common).

As with all registered design applications, we recommend professional legal advice is sought to obtain expert advice on the best way to present your GUIs.

 Spain has not specifically approached GUI design protection therefore a comparison with provisions of the Hague Agreement is not possible.

The main points to watch for when considering filing a Hague application covering Spain are:

• the limit of up to 7 illustrations/views per design.
• non-registrability grounds in relation to substantive examination, as mentioned in question no. 10.

Spain is set to revise its Industrial Design Law to transpose Directive (EU) 2024/2823. The forthcoming amendments are expected to broaden the legal definition of "design," which could significantly improve protection for graphical user interfaces (GUIs) - a category not currently addressed in detail under existing legislation.

At present, the amendment is in the early consultation stage, and no draft legislation has been released. While a specific timeline has not yet been established, Spain is required to complete the transposition of the Directive by December 2027.