Why this complicates technology watch and third-party opposition
With the entry into force of Royal Decree 1186/2025, of 26 December, approving the new Statute of the Spanish Patent and Trademark Office (OEPM), a change has taken effect that, while it may appear minor on the surface, has relevant practical implications for companies, inventors and anyone who needs to monitor the Spanish patent system.
What has changed exactly?
Since the beginning of 2026, publications in the Official Gazette of Industrial Property (BOPI) relating to the filing and granting of national patents no longer include the abstract of the invention or the representative figure that accompanied it. This information, which until now allowed for the quick and direct identification of the subject matter of each published patent, has been moved to the official technical pamphlets (A1, A2 and B2), available in the “Publications” section of CEO – OEPM Case File Consultation and in INVENES – Inventions in Spanish with effect in Spain.
A procedural change with practical consequences
At Marqués & Ferrer, we consider that this new procedure significantly hampers the swift identification of granted national patents. And this has a direct consequence that must not be overlooked: it complicates the exercise of the third-party opposition procedure following the grant.
It is worth recalling that the Spanish Patents Act grants any person the right to oppose a granted patent within a set period following its publication. In order to exercise that right effectively, it is essential to detect in time the granting of patents that may affect one’s own interests. Until now, the abstract and figure published in the BOPI made it relatively straightforward to carry out that initial screening. With their removal, determining whether a recently granted patent is relevant to your sector requires an additional step: consulting the OEPM’s search platforms, locating the corresponding pamphlet and analysing its technical content.
For those without the appropriate technical and legal knowledge, or without well-configured alert systems in place, that additional step may simply result in missing the opposition deadline without even realising it.
Why having an industrial property agent is more essential than ever
This change reinforces something that has always been advisable: relying on the advisory services and technology watch of an Industrial Property Agent officially recognised by the OEPM and registered with COAPI.
A registered agent has the technical tools, specialised databases and experience required to systematically monitor BOPI publications and OEPM platforms, to identify granted patents that may be relevant to their clients, and to act with the speed that legal deadlines demand when filing an opposition becomes necessary.
Patent watch is not a luxury reserved for large corporations. It is a strategic tool for any company that innovates, operates in technology-driven sectors, or simply wants to protect its market position against third-party rights.
Are you unsure how this change affects your business?
If your company develops technology, manufactures products or competes in sectors where innovation is a key factor, now is the time to review how you are monitoring the patent system. Marqués & Ferrer can help you set up a watch service tailored to your needs, and assess whether any recently granted patents could affect your interests.
At Marqués&Ferrer, we have a solid track record in providing comprehensive advice on industrial property, both in the field of patents and trademarks. Our team of professionals is ready to guide you in all aspects of registering and protecting your assets, from drafting and filing applications to defending your rights in the market. Shall we begin?