For the first time, the Spanish Supreme Court made far-reaching observations on key issues of the assessment of inventive step and, in particular, on a) the reformulation of the "objective technical…
When analysing inventive activity, one risk that appears to be here to stay is that of hindsight. As Richard Ebbink very aptly put it in a workshop held at the INGRES Institute in Zurich on 8 and 9…
When this author published his blog of 27 June 2017, a reader kindly sent in a comment pointing out that as this author had not inserted the word "Spanish" before "Supreme Court", and the blog was…
One of the remedies established in case of patent infringement in the Spanish Patents Act that was in force until 31 March 2017 was "the publication of the judgment finding against the infringer of…
In relation to a patent that protected the interaction of a key and a cylinder in order to constitute a security locking system, the Barcelona Court of Appeal (Section 15) handed down a Judgment on…
No doubt, one of the patentability requirements which is more difficult to examine is inventive step. Unlike other requirements, which call for a more objective analysis, inventive activity requires…
Although the title of this blog will sound trite to many friends accustomed to arguing patent cases before the European Patent Office, it does not sound so trite when read against the background of…
One of the difficulties that patent owners sometimes encounter when they are planning to apply for a preliminary injunction is the dearth of evidence. A decision handed down on 23 February 2017 by…
On 24 November 2016, the Court of Appeal of Barcelona (Section 15) handed down a judgment in which it confirmed that "the interpretation of the scope of protection of a patent for the purposes of…
Most readers will be aware of the so-called "all elements" test, whereby patent infringement is normally discarded unless the allegedly infringing device or process reproduces each and every element…
