Miquel Montañá

In July 2017, the Patents Court of Barcelona handed down a decision finding that "Swiss-type" claims were affected by the Reservation made by Spain when it ratified the European Patent Convention (…

As most readers will know, yesterday the European Commission published a proposal to amend Regulation 469/2009 concerning the supplementary protection certificate for medicinal products (the "SPC…

The Barcelona Court of Appeal (Section 15) recently handed down an interesting judgment (dated 6 February 2018) revoking a utility model and ordering the owner to pay the damages caused by having…

The new Spanish Patent Act, which came into force on 1 April 2017, introduced numerous improvements aimed at modernising an old and archaic patent system that needed a total reform. One of the…

In one of the saga of cases that involved Societé des Produits Nestlé and companies that are trying to market capsules compatible with Nescafé's Dolce Gusto system, the defendant alleged, among other…

As discussed in previous blogs, four years ago (yes, it has already been four years, tempus fugit) the Barcelona Commercial Court Judges who hear patent cases published a Protocol aimed at providing…

As published in previous blogs, on 1 April 2017 a new Patents Act came into force in Spain which has modernized Spanish patent law. For example, the new Law got rid of "non-examined" patents. As a…

Anyone who ends up litigating in Spain, be it as complainant or as a defendant, should be wary of the rigidity of Spanish patent litigation. Unlike in other jurisdictions, where the parties enjoy…

In our last blog (Will the Spanish Patent Office accept the modification of an SPC's term after the Incyte judgment?), published on 8 January 2018, we raised the question as to whether the Spanish…