Key data
| Regulation | Resolution of July 24, 2026, from the Directorate of the Spanish Patent and Trademark Office, O.A. |
|---|---|
| BOE Publication | August 6, 2026 |
| Entry into force | August 6, 2026 |
| Affected parties | 43 approved applicants: 42 Spanish and 1 EU/EEA citizen |
| Original call | Aptitude tests held in March 2025 |
| Category | Public Sector — Professional qualifications |
| Legal basis | Article 177.1.e) of Law 24/2015, on Patents |
| Appeal | Reconsideration within 1 month or administrative litigation within 2 months |
The industrial property market in Spain incorporates 43 new professionals authorized to act as Industrial Property Agents. The Spanish Patent and Trademark Office (OEPM) has published the Resolution of July 24, 2026 in the BOE of August 6, definitively declaring fit those who passed the aptitude tests called in March 2025.
This resolution certifies compliance with the requirement set out in article 177.1.e) of Law 24/2015, on Patents, essential to legally exercise as an Industrial Property Agent in Spain. The declaration includes both national applicants and a citizen of an EU Member State or the European Economic Area who demonstrated knowledge of Spanish law for recognition of their professional qualification.
What does this regulation establish?
The resolution has a specific and limited purpose: definitively declare fit the applicants who passed the aptitude tests for the professional activity of Industrial Property Agent, called in March 2025.
The Industrial Property Agent is the professional figure authorized to represent natural and legal persons before the OEPM in the processing of patents, trademarks, industrial designs, utility models and other industrial property rights. Their intervention is key for companies that innovate or need to protect intangible assets.
The resolution distinguishes two access routes that have been evaluated:
- General aptitude tests for Spanish applicants who demonstrate the necessary knowledge for professional activity.
- Test of knowledge of Spanish law for EU or EEA citizens requesting recognition of their professional qualification to practice in Spain.
Each approved candidate will be issued an individual certificate certifying the passing of the tests. This certificate is the document that formally authorizes professional practice along with the other requirements of article 177 of Law 24/2015.
The resolution exhausts the administrative route, which means no appeal is possible. Affected parties who disagree with the result have two options:
- Reconsideration appeal to the OEPM itself: deadline of 1 month from publication (until September 6, 2026).
- Administrative litigation appeal: deadline of 2 months from publication (until October 6, 2026).
Economic and operational impact
The incorporation of 43 new Industrial Property Agents into the market has direct implications for companies and specialized firms:
- Greater supply of professional representation: Companies that need to register patents, trademarks or industrial designs with the OEPM have more authorized professionals to choose from.
- Fee competition: An increase in the number of authorized agents can translate into greater competition and potentially more favorable conditions for clients.
- IP firms and consultancies: Those who had candidates taking these tests can now incorporate them as authorized agents, expanding their operational capacity.
- Companies with internal IP departments: If an employee was among the applicants, they can now assume representation functions before the OEPM from August 6, 2026.
From a regulatory perspective, authorization as an Industrial Property Agent is a requirement without which it is not possible to legally represent third parties before the OEPM. Operating without this authorization exposes the company or professional to the nullity of acts performed and possible liabilities.
Who does it affect?
- The 43 approved applicants (42 Spanish and 1 EU/EEA citizen): are authorized to exercise as Industrial Property Agents in Spain from August 6, 2026.
- Industrial property firms and consultancies: can incorporate the newly authorized agents into their staff or network of collaborators.
- Companies with intangible asset protection needs (patents, trademarks, designs): have more qualified professionals available to manage their files before the OEPM.
- EU/EEA citizens with equivalent professional qualification: the resolution establishes the procedure and effects of recognition of qualifications to practice in Spain.
- Unsuccessful applicants or those who consider the resolution incorrect: have specific deadlines to appeal (1 month for reconsideration, 2 months for administrative litigation).
Practical example
An industrial property consultancy based in Madrid had two of its technicians taking the aptitude tests in March 2025. Both are among the 42 Spanish applicants declared fit by the resolution published on August 6, 2026.
From that date, the consultancy can assign them trademark registration files and patent applications before the OEPM on behalf of clients, something they could not do before due to lack of formal authorization. The individual certificate that each will receive certifies compliance with article 177.1.e) of Law 24/2015 on Patents, thus completing the set of requirements for professional practice.
Similarly, a professional from another EU Member State who has passed the specific test of knowledge of Spanish law is authorized to offer her representation services before the OEPM on equal terms as agents of Spanish nationality.
What should the approved candidates do now?
- Verify inclusion in the resolution: Check that the name appears among the 43 declared fit in the Resolution of July 24, 2026 published in the BOE of August 6.
- Collect the individual certificate: The OEPM will issue a certificate to each approved candidate. Manage its obtaining as soon as possible, as it is the document proving compliance with article 177.1.e) of Law 24/2015.
- Complete the other requirements of article 177: The declaration of fitness covers one of the legal requirements, but practice as an Industrial Property Agent may require meeting the other conditions provided in Law 24/2015.
- Act within the deadline if you disagree with the result: If an applicant believes the resolution does not correctly reflect their situation, they have 1 month to file a reconsideration appeal with the OEPM or 2 months to go to administrative litigation. Both deadlines are counted from August 6, 2026.
- Communicate the authorization to employers or clients: Inform firms, consultancies or companies you work for that you now have formal authorization, allowing you to assume files before the OEPM from August 6, 2026.
Frequently asked questions
How many applicants have passed the Industrial Property Agent exams in 2026?
The Resolution of July 24, 2026 from the OEPM declares 43 applicants in total fit: 42 of Spanish nationality and 1 citizen of an EU Member State or the EEA. All passed the aptitude tests called in March 2025.
What does the OEPM's declaration of fitness certify and what is it for?
It certifies compliance with the requirement set out in article 177.1.e) of Law 24/2015, on Patents, necessary to practice as an Industrial Property Agent in Spain. With this certificate, the professional is authorized to represent third parties before the OEPM in the processing of patents, trademarks, industrial designs and other industrial property rights.
When can the approved candidates start practicing?
The resolution entered into force on the same day of its publication in the BOE: August 6, 2026. From that date, the 43 applicants declared fit can prove their authorization, once they receive the individual certificate to be issued by the OEPM.
Can an applicant who disagrees with the resolution appeal?
Yes. The resolution exhausts the administrative route, so no appeal is possible. The options are: reconsideration appeal to the OEPM within 1 month (until September 6, 2026) or administrative litigation appeal within 2 months (until October 6, 2026), both counted from the publication of August 6, 2026.
How can EU or EEA citizens access authorization?
Citizens of EU Member States or the European Economic Area can obtain recognition of their professional qualification to practice in Spain by passing a specific test of knowledge of Spanish law. In the March 2025 call, a European citizen passed this test and has been declared fit by the same resolution of August 6, 2026.
Official source
Consult complete regulation in official source
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-17165