A Unitary Patent covers Portugal but not Spain. Portugal has been part of the Unitary Patent and Unified Patent Court (UPC) system since it launched on 1 June 2023, while Spain has joined neither. Any Spain Portugal patent strategy therefore combines two legal regimes: a Unitary Patent or a European patent validated in Portugal, plus a separate right for Spain, either the Spanish validation of the European patent or a national Spanish patent or utility model. This guide is for companies, many of them from Latin America, that use Iberia as their entry point into Europe.
Key takeaways
- Portugal is one of the 18 states covered by a Unitary Patent registered today; Spain and Croatia are outside the system altogether.
- For Spain you need a classic European patent validated there, with a Spanish translation filed within three months of the mention of grant, or a national filing at the Spanish Patent and Trademark Office (OEPM).
- Neither country belongs to the London Agreement, so classic validations in both require a full translation.
- Disputes over the Portuguese part of most European patents now go to the UPC, which has a local division in Lisbon; Spanish rights are litigated in Spanish courts.
- Inventions made in Spain or by applicants based in Portugal are subject to first-filing rules that foreign groups often overlook.
Why is Portugal in the UPC and Spain not?
The Unitary Patent system combines two EU regulations with the Agreement on a Unified Patent Court (UPCA). According to the European Patent Office (EPO), it launched on 1 June 2023 with 17 ratifying states, Portugal among them, and Romania became the 18th on 1 September 2024. Spain is not in the enhanced cooperation on which the Unitary Patent rests: the EPO’s cost page lists all EU states except Spain and Croatia as participants.
Coverage is fixed at registration. A Unitary Patent covers the states where the UPCA was in force on the day unitary effect was registered, and it never extends later. Portugal has been covered from the first day, so every Unitary Patent includes it.
What are your options to protect an invention in Spain and Portugal?
| Route | Portugal | Spain |
|---|---|---|
| Unitary Patent | Covered, with no national translation or validation | Not covered |
| Classic European patent | Portuguese translation of description, claims and abstract within three months of the mention of grant; one further month with a surcharge (Articles 81 and 82 of the Portuguese Industrial Property Code) | Spanish translation within three months of the mention of grant, plus the publication fee (Article 155, Patents Act 24/2015) |
| National patent | Filed at Portugal’s National Institute of Industrial Property (INPI) | Filed at the OEPM; 20 years from filing (Article 58, Act 24/2015) |
| Utility model | Six years, extendable to a maximum of 10 (Portuguese Code) | 10 years, not renewable; a prior-art report is needed before enforcing it (Article 148, Act 24/2015) |
| Court for disputes | UPC for Unitary Patents and non-opted-out European patents; national courts for national rights | Spanish courts |
Translations matter more than in much of Europe. The London Agreement, which waives or reduces post-grant translations, has not been joined by Spain or Portugal. A classic European patent validated in both therefore needs two complete translations. If the translation and fee are missing in Spain, Article 155 of the Spanish Patents Act is blunt: the patent has no effect there.
Where would an Iberian patent dispute be heard?
For Portugal, the UPC hears disputes over Unitary Patents and over classic European patents that have not been opted out, although during the transitional period actions on classic European patents can still be brought before national courts. The Administrative Committee’s decision on local and regional divisions set up a local division in Lisbon. Lisbon is also one of the two seats of the UPC’s Patent Mediation and Arbitration Centre, with Ljubljana.
For Spain, validity and infringement of Spanish patents and of the Spanish part of European patents are decided by Spanish courts. In practice, the same product sold in Lisbon and Madrid can mean one UPC case for Portugal, possibly covering other UPC states, and a separate Spanish case. The opt-out decision for each classic European patent decides whether the Portuguese part is exposed to a central revocation action at the UPC.
How to build a Spain Portugal patent strategy
There is no single right answer, but three patterns cover most cases we see in the corridor:
- Broad European coverage. Request a Unitary Patent for the 18 participating states, and validate the same European patent classically in Spain and in any other market outside the system.
- Iberia as the first European market. If you only need Spain and Portugal for now, compare a classic European patent validated in both with national filings at the OEPM and INPI. For incremental products, a Spanish or Portuguese utility model can complement the patent.
- Existing classic European patents. Review whether to keep them in the UPC for Portugal or opt them out while the transitional period allows, and make sure the Spanish validation is in force.
Two filing rules deserve attention. Under Article 152 of the Spanish Act, a European application for an invention made in Spain that does not claim an earlier Spanish priority must be filed in Spain, or the patent will have no effect there; applicants domiciled in Spain are presumed to have made the invention there. Article 78 of the Portuguese Industrial Property Code sets a similar rule for applicants domiciled in Portugal. Latin American groups with Iberian research teams or subsidiaries need to check this before the first filing.
What this means for your business
- Map where you sell, manufacture and compete in Iberia before choosing the route; the Spanish and Portuguese answers may differ.
- If you request unitary effect, diarise the Spanish validation at the same time: both run from the mention of grant.
- Budget two full translations for any classic validation in both countries.
- Decide the opt-out for classic European patents covering Portugal with your enforcement plan in mind.
- Check first-filing obligations if any inventor or applicant is based in Spain or Portugal.
Our patent team for European, Spanish and Portuguese filings can lay out the combination that fits your markets and budget, and our cross-border IP strategy service connects it with your plans in Latin America.
Where companies get Iberian patents wrong
- Assuming the Unitary Patent covers Spain. It does not, and the Spanish three-month deadline runs whether or not you notice.
- Missing the Portuguese deadline. The extra month exists, but at a surcharge, and after it the patent is not valid in Portugal.
- Filing abroad first. An invention made in Spain, or an applicant domiciled in Portugal, can lose protection there by ignoring the first-filing rules.
- Forgetting the UPC exposure in Portugal. A classic European patent that was not opted out can be attacked centrally at the UPC.
- Running Spain and Portugal through separate advisers who never compare notes, so translations, deadlines and court strategy drift apart.
Frequently asked questions
Does a Unitary Patent cover Spain?
No. Spain does not participate in the enhanced cooperation behind the Unitary Patent and has not ratified the UPC Agreement. To protect an invention in Spain you need a classic European patent validated there, with a Spanish translation filed within three months of the mention of grant, or a national patent or utility model from the OEPM.
Does a Unitary Patent cover Portugal?
Yes. Portugal ratified the UPC Agreement before the system launched on 1 June 2023, so every Unitary Patent registered since then includes Portugal. No Portuguese validation or translation is needed for the unitary part, and disputes go to the Unified Patent Court, which has a local division in Lisbon.
What is the translation deadline for a European patent in Spain and Portugal?
Three months from the publication of the mention of grant in the European Patent Bulletin in both countries. Spain requires a Spanish translation and the publication fee under Article 155 of Act 24/2015. Portugal requires a Portuguese translation under Article 82 of its Code and allows one more month with a surcharge.
Can IP Global Guard handle patents in Spain and Portugal together?
Yes. We design the combined strategy, coordinate the European filing with European patent attorneys, manage the Spanish validation and national filings before the OEPM directly when our professionals are authorised and otherwise through qualified representatives, and coordinate Portuguese counsel, all from one point of contact.
How IP Global Guard can help with Iberian patents
Spain and Portugal share a market but not a patent system, and the gap shows up in translations, deadlines and courts. IP Global Guard, the IP services line of META Channel Corporation Limited, plans and coordinates patent protection across more than 25 jurisdictions in Europe, Latin America and Africa, with one strategy and one billing relationship. See our coverage across the corridor.
Tell us which inventions you want to protect in Iberia, where they were developed and when you plan to launch. We will set out the routes for Spain and Portugal side by side and coordinate the filings. Get in touch with our patent team.
This article is general information, not legal advice, and reflects the position at its publication date.
Sources
- EPO, When was the Unitary Patent system launched?
- EPO, Cost of a Unitary Patent (national fees as of 1 April 2026)
- EPO, London Agreement: status of accession and ratification
- BOE, Spanish Patents Act 24/2015 of 24 July (consolidated text)
- WIPO Lex, Portuguese Industrial Property Code, Decree-Law No. 110/2018 of 10 December 2018
- UPC Administrative Committee, decision on the set-up of local and regional divisions (8 July 2022)
- EPO, Patent Mediation and Arbitration Centre (June 2026)
