Applications for the refund of undue payments can be submitted by any of the following means, accompanied by the corresponding supporting documents (copy of the payment receipt, certificate issued by the SPTO, if applicable, appeal decision, etc.):
With an electronic certificate, through the SPTO e-Office tab "Common procedures", in the "General purpose application” section. Once in this section, complete the form, addressing the request to the "General Secretariat". In the "Request" section, enter "Refund of fees", attach this form 3004X, “Undue payment refund claim” and the other required documents mentioned.
For invention fees, this application can also be filed using the eOLF application’s “ESINVE-Other invention and topography procedures for national patents, European patents, utility models, supplementary certificates and topographies of semiconductor products” module, with the “PCT-SFD-PCT documents” module filed subsequently for international PCT applications. If you do not have the application or want more information, click this link: eOLF: Instructions and application download
This application may only be submitted by mail by natural persons, addressed to: SPANISH OFFICE OF PATENTS AND TRADEMARKS, General Registry, Paseo de la Castellana 75, 28071 Madrid.
NOTE: For legal reasons and to ensure that there is a record that they were presented correctly, applications sent by means other than those listed above will not be accepted, even if they contain the duly completed form and the corresponding documentation or supporting documents.
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