After four years of experience with Spanish Act 24/2015, of 24 July, on Patents (the "new Patent Act"), which came into force on 1 April 2017, the time seems ripe now to update some aspects of the…
Judgments from the Spanish Supreme Court on patent cases are a rare occurrence. In a recent decision, the Court rules on insufficiency of disclosure, a revocation ground which – once somewhat of a…
A judgment of 7 July 2021 from the Spanish Supreme Court has been published, which, as discussed below, following the case law from the EPO's Boards of Appeal, introduces certain guidelines for…
In our blog of 27 August 2021, we explained that the Barcelona Appeal Court (Section 15), in a very interesting Ruling of 16 October 2020, decided that the claims as amended before the EPO Boards of…
In an Iberian validity dispute pitching a Spanish generics manufacturer against Portugal's national pharmaceutical champion Bial Portela, the busy and influential Barcelona Commercial Court No. 5…
As any aficionado of American legal history will be well aware, Judge Holmes, the third most cited American legal scholar of the 20th century, was nicknamed "the Great Dissenter." This was a tribute…
Case law on contributory infringement is still very scarce in Spain. A Judgment dated 13 November 2020 offers a rare glimpse into the current stance of the influential Barcelona Court of Appeals (…
The Barcelona Court of Appeal (Section 15) overturned a first instance decision, making an interesting finding on the application of the "problem-solution approach": if the revocation claimant…
On 28 December 2020, the Barcelona Court of Appeal (Section 15), one of Spain's most experienced courts on patent matters, handed down a judgment which is interesting from a wide array of…
From time to time, one may find publications that seek to explore the influence that the Bible may have had on patent law. A classic example is Exodus 20:15: "You shall not steal." Another sometimes-…
