In a judgment in a low-key dispute concerning the infringement of a utility model, the Barcelona Court of Appeal (Spain's most influential patents court) held that the scope of protection of a two-…
In preliminary injunction proceedings, the influential Barcelona Court of Appeal held that reasons of "congruence" bind the court to basing the assessment of inventive step strictly on the particular…
The Barcelona Court of Appeal (Section 15) recently handed down an interesting judgment (dated 6 February 2018) revoking a utility model and ordering the owner to pay the damages caused by having…
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…
A Spanish patents court rules for the first time on the sometimes blurry line dividing "discoveries" and "inventions". The Court found that a method for prenatal diagnosis based on the discovery that…
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 a long-awaited judgment, the Spanish Supreme Court has clarified the application of the TRIPS agreement to patent applications affected by the Spanish reservation to the EPC: Article 70.7 of TRIPS…
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…
