Miquel Montañá

As in some other jurisdictions, under Spanish law so-called "mini-inventions" may be protected by a utility model (called "petty" patents in some countries). The two main differences between a patent…

 "It's the same thing night on night / Who's wrong baby who's right / Another fight and I slam the door on / Another battle in our dirty little war / When I look at myself I don't see the man I…

The Supreme Court held that the relevant date of a patent's enforceability, in case a Spanish translation is required for such enforceability, is the date of announcement of the grant of the patent…

Historically, damages used to be calculated in the so-called "execution" (i.e. enforcement) phase of the proceedings, i.e. a second phase of the proceedings aimed at implementing the declarations and…

On 27 November 2012, the Honourable Mr Justice Arnold surprised the European patent community with an unprecedented decision (Actavis Group HF and Eli Lilly & Company; Medis EHF and Eli Lilly &…

In its recent judgment of 26 October 2012, the Spanish Supreme Court (Judge Rapporteur Mr José Ramón Ferrándiz Gabriel)  has clarified an interesting point over which lower level courts offered…

According to Article 65 of the European Patent Convention ("EPC"), when the European patent granted is not drafted in one of the official languages of the EPC, any contracting state may require that…

One of the remedies available to intellectual property owners introduced by what is known as the Enforcement Directive was the publication of the judgment where infringement is declared. This remedy…

In countries where patents and utility models (sometimes called "petty patents") co-exist, a recurrent question is which is the level of inventiveness required for utility models as opposed to…