Miquel Montañá

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…

Readers will recall that, in its judgment of 6 October 2015 (Case C-471/14, Seattle Genetics), the CJEU concluded that the relevant date for calculating the term of a supplementary protection…

One of the drawbacks of a fragmented patent litigation system in Europe is the existence of contradictory judgments on exactly the same question from Courts of different European countries. The most…

As readers know well, AgrEvo (T 939/92) is a landmark case in the history of European patent law. In this case, an EPO's Board of Appeal found the patent to meet the "sufficiency" requirement because…