Boletín Oficial de la Propiedad Industrial · 08 Sep 2026 · 2 vistas
Ceramic patent denied and another withdrawn due to fees
Por FactBox Admin
The Spanish Patent and Trademark Office (OEPM), a body attached to the Ministry of Industry and Tourism, has published in the Official Gazette of Industrial Property (BOPI) of September 8, 2026, the refusal of patent ES 2998157 A1, relating to a precursor composition for a ceramic piece from construction and demolition waste, as well as the withdrawal of the application from the Finnish company KEMIRA OYJ for failure to pay the substantive examination fee. Both resolutions, issued after the substantive examination, are not final in the administrative process and are subject to an administrative appeal (recurso de alzada) within one month.
Both actions are recorded in Volume II (Inventions) of the BOPI, number 7233, corresponding to year CXL, and are framed within the processing provided for by Law 24/2015, of July 24, on Patents, and its implementing Regulation, approved by Royal Decree 316/2017, of March 31.
Refusal after substantive examination
Patent ES 2998157 A1, filed on August 17, 2023, under application number P 202330701, was refused on September 2, 2026, under Article 40 of the Patent Law, which regulates refusal after substantive examination. The object of the invention was a precursor composition for a ceramic piece manufactured from construction and demolition waste.
- Patent number: ES 2998157 A1
- Application number: P 202330701
- Filing date: 08/17/2023
- Title: precursor composition for a ceramic piece from construction and/or demolition waste
- Refusal date: 09/02/2026
- Official reference: CVE-BOPI-T2-20260908-00000003
Withdrawal due to non-payment of the examination fee
The same gazette publishes the withdrawal of patent application ES 3066873 A1, filed by KEMIRA OYJ (100%), under application number P 202430917 and filing date of November 6, 2024. The withdrawal occurs because the substantive examination fee was not requested and/or paid, pursuant to Article 33.3 of the implementing Regulation of the Patent Law. The representative agent is Juan Pedro Vallejo López.
- Applicant: KEMIRA OYJ
- Patent number: ES 3066873 A1
- Application number: P 202430917
- Filing date: 11/06/2024
- Reason: failure to request and/or pay the substantive examination fee (Art. 33.3 RP)
- Official reference: CVE-BOPI-T2-20260908-00000004
Appeal deadlines
Neither the refusal of patent ES 2998157 A1 nor the withdrawal of the application by KEMIRA OYJ ends the administrative process. An administrative appeal (recurso de alzada) may be filed against both resolutions within one month before the director of the Spanish Patent and Trademark Office, as warned in the respective sections of the gazette.
The publication of these actions in the BOPI serves as official notification for the interested parties, such that the calculation of the appeal periods begins from the dissemination of the bulletin. The denial of the ceramic patent constitutes the closure of the procedure for its holder, while the withdrawal for non-payment renders the application of the Finnish multinational null and void, which may, if applicable, rethink the protection of its invention through a new application.
Source: Official Bulletin of Industrial Property (BOPI), Volume II: Inventions, no. 7233, September 8, 2026, pp. 3-4 (official references: CVE-BOPI-T2-20260908-00000003 and CVE-BOPI-T2-20260908-00000004).