Miquel Montañá

Over the last decade, one of the topics typically discussed in patent proceedings in Spain has been to what extent the validity of the patent may be analysed in preliminary injunction proceedings. In…

Back in 1993, the President of Section 15 of the Barcelona Court of Appeal, Justice José Ramón Ferrándiz (now retired from the Supreme Court), fostered the specialisation of the different Sections of…

A recurring topic of discussion in patent infringement proceedings in Spain is the degree of evidence required to prove the damage caused by acts of patent infringement. According to a line of case…

One of the points sometimes debated in patent cases is the date when a claim for patent infringement becomes "time-barred" (i.e. the date on which it "prescribes"). The traditional position adopted…

Upon reading the title of this blog entry, readers may be wondering what the "ex re ipsa" doctrine involves. It therefore may be worth clarifying that it is a legal doctrine applied, for example, to…

On 13 April 2018, the Barcelona Court of Appeal (Section 15) wrote a decision highly illustrative of the challenges that an "added matter" objection may raise in Spain, particularly in the context of…

Historically, the Spanish Patents and Trademarks Office ("SPTO") has rejected the correction of the registered term of supplementary protection certificates ("SPCs"), even in cases where such term…

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…