In the past decade, a new character of the patent theatre has made inroads into the case law of some EU Member States, "imported" from the so-called "EPO case law". Its name is "plausibility".
The…
Last Saturday (1 April 2017) the Spanish Official Gazette ("Boletín Oficial del Estado") published Royal Decree 316/2017, dated 31 March, containing the Implementing Regulations of the Patents Act 24…
One of the objectives of the new Patents Act that is to come into force on 1 April 2017 is to prompt a higher level of specialization of Judges dealing with patent cases. In particular, article 118…
The new Spanish Patent Act, which will come into force on 1 April 2017, will introduce a modernised "utility model" that is expected to become the natural alternative for "non-examined" patents,…
The Mobile World Congress ("MWC") is one of the largest trade events taking place in Barcelona. Due to its importance, all relevant institutions, including regional and local governments, do their…
According to the Spanish Patents Act, as a general rule, non-exclusive licensees do not have locus standi. However, when a third party is infringing the patent, they may require the patent owner to…
As readers may know from previous blogs, a new Patents Act ("Law 24/2015, of 24 July, of Patents") is due to come into force in Spain on 1 April 2017. So we are almost there. In a nutshell, the new…
The Court of Appeal of Barcelona (Section 15) recently upheld an appeal filed by a manufacturer of security systems against a judgment that had dismissed a patent infringement action filed against a…
A recent Ruling of 9 September 2016 from the Court of Appeal of Barcelona (Section 15) illustrates the risks of defendants taking a "wait and see" attitude in the context of proceedings aimed at…
According to Spanish law, the decisions handed down by the Spanish Patents and Trademarks Office ("SPTO") in relation to applications for Supplementary Protection Certificates ("SPCs") may be…
