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Miquel Montañá (Clifford Chance)
Spanish Supreme Court draws the fine line between factual and legal assessments in the context of inventive step
January 25, 2016

As readers well know, according to article 56 of the European Patent Convention "an invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not…

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Miquel Montañá (Clifford Chance)
Even if you outsource production to a third party, you could still be regarded as the manufacturer
January 08, 2016

On 30 November of 2015, the Barcelona Court of Appeal handed down a judgment which has further confirmed that a company outsourcing the production of a product to a third party is subject to the "…

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Miquel Montañá (Clifford Chance)
2016: time to prepare your backpack with patent applications to be filed in Andorra
November 30, 2015

Andorra has a well-deserved reputation as a wonder of nature.  In spite of its tiny size (468 Km2) it offers the best of both worlds: endless trekking tracks leading you to the most remote lakes and…

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Miquel Montañá (Clifford Chance)
ENTREPRENEURS: BEWARE OF EMPLOYEE COMPENSATION RIGHTS ON NON-PATENTABLE TECHNICAL CONTRIBUTIONS
November 13, 2015

Readers will not be surprised on reading that the new Spanish Patent Act, which is due to come into force on 1 April 2017, establishes a remuneration right in favour of employees who have made an…

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Miquel Montañá (Clifford Chance)
Spain: Sanofi-Aventis v. Hospira, Supreme Court of Spain, First Civil Law Chamber, 182/2015, 14 April 2015
November 11, 2015

The assessment of inventive step is a legal assessment which can be reviewed by the Supreme Court through what is known as the "cassational appeal". The Supreme Court confirms the validity and…

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Kluwer Patent blogger
‘Spain would have been better off inside the Unitary Patent and the Unified Patent Court’
October 20, 2015

Now that Italy has changed its mind and joined, Spain has become the only EU member state to stay out of the Unitary Patent (UP) system. How good or bad is this for the country and its companies? And…

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Brian Cordery (Bristows)
Report from Rio (2): Personalised Medicine
October 14, 2015

by Dominic Adair Day 2 of AIPPI’s 2015 Global Congress in Rio brought with it the Pharma Sessions: trade marks, personalised medicine and two sessions with a local flavour – technology transfer under…

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Miquel Montañá (Clifford Chance)
Where is the EPC provision which would allegedly allow the EPO to "grant" a patent with a different text for Contracting States that entered reservations in accordance with Art. 167(2)(a)?
October 02, 2015

Article 118 of the EPC (entitled "Unity of the European patent application or European patent") states that: "[...] the text of the application or patent shall be uniform for all designated…

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Miquel Montañá (Clifford Chance)
High Court of Justice of Madrid makes a rather harsh interpretation of the scope of "restitutio in integrum"
September 18, 2015

On 3 June 2015, the High Court of Justice ("Tribunal Superior de Justicia") of Madrid handed down a judgment which has alerted everyone of the need to have robust systems in place to make sure that a…

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Miquel Montañá (Clifford Chance)
Challenges raised by multinational inventions to be discussed at the next AIPPI Annual Meeting in October: some proposals from Spain
August 21, 2015

One of the issues which will be discussed at the next annual meeting of AIPPI, due to take place in Rio de Janeiro in October 2015, is Q244, entitled "Inventorship of multinational inventions." In…

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