CSIC and UPV withdraw their joint patent for failing to pay the examination fee

The Spanish National Research Council (CSIC) and the Polytechnic University of Valencia (UPV) have had their joint patent application P 202430884 withdrawn for failing to request or pay the substantive examination fee. This is recorded in the Official Gazette of Industrial Property (BOPI), Volume II of Inventions, number 7230, published on September 3, 2026, under the reference CVE-BOPI-T2-20260903-00000003.

The resolution, adopted by the Spanish Patent and Trademark Office (OEPM), an autonomous body attached to the Ministry of Industry and Tourism, falls under the heading of withdrawals due to non-request and/or non-payment of the substantive examination fee, as provided for in Article 33.3 of the Implementing Regulations of the Patent Law.

Data of the withdrawn application

The application, filed on October 30, 2024, corresponded to an invention patent with publication number ES 3066546 A1, in which both organizations appeared as co-owners at 50%.

• Applicants: CSIC (50.00%) and Polytechnic University of Valencia (50.00%).
• Application number: P 202430884.
• Filing date: October 30, 2024.
• Industrial property agent: Ángel Pons Ariño.
• Reason for withdrawal: non-request and/or non-payment of the substantive examination fee (Art. 33.3 RP).

Regulatory framework and appeal

The withdrawal occurs in application of Article 33.3 of the Implementing Regulations of the Patent Law, approved by Royal Decree 316/2017, of March 31, which regulates the processing of applications under Law 24/2015, of July 24, on Patents.

The resolution is not final in the administrative route. An administrative appeal (recurso de alzada) may be filed against it within one month before the director of the Spanish Patent and Trademark Office, as warned in the gazette itself.

Management of the public R&D portfolio

The withdrawal reflects the ordinary management of the industrial property portfolio of public research organizations, which occasionally waive the continued processing of applications when the substantive examination is not requested or the corresponding fee is not paid. In this case, the decision affects an application filed by two of the country’s leading scientific and university institutions.

Source: Official Gazette of Industrial Property, Volume II: Inventions, no. 7230, September 3, 2026, page 3 (official reference: CVE-BOPI-T2-20260903-00000003).