Miquel Montañá

Until recently, cases involving "Supplementary Protection Certificates" (so-called "SPCs") were relatively rare in Spain. This is due to the fact that, as a consequence of the transitional provisions…

On 30 July 2012, Commercial Court number 5 of Barcelona handed down an interesting decision that has brought again to the fore the legality of so-called "preparatory acts" (in particular, obtaining…

One of the recurrent topics in patent litigation in Spain is whether or not a Court can review the validity of a patent in the context of preliminary injunction proceedings. According to some Courts,…

On 9 July 2012, Commercial Court number 2 of Barcelona dismissed a revocation action filed by two Spanish companies against patent EP 907,364, which protects a sustained-release formulation of…

One of the points of contention in cases where inventive step is discussed is which expert is better suited to express an opinion on whether or not the invention would have been obvious for the…

Today it seems to be commonplace that without a patent system people would be less motivated to invest time and resources into making inventions that may foster technological progress. What is less…

TRIPS has historically been criticized on the grounds that it makes access to medicines in developing countries more difficult. To address this concern, on 30 August 2003 the World Trade Organization…

One of the most controversial provisions of the Spanish Patents Act is article 137.2, which states "Where the measures requested involve restrictions on the defendant's industrial or commercial…

One of the challenges of patent litigation in Spain is that our Civil Procedure Law is somewhat more formalistic than the laws of some other EU Member States, which would normally accept documents…