On 11 December 2012 Advocate General Yves Bot delivered his conclusions on the complaints brought by Italy and Spain against the Coucil’s decision to proceed through enhanced cooperation to the…
As in some other jurisdictions, under Spanish law so-called "mini-inventions" may be protected by a utility model (called "petty" patents in some countries). The two main differences between a patent…
The number of patent infringement suits filed with the District Court of Düsseldorf remains constantly high. In addition to the two existing patent litigation chambers (chamber 4a presided by Dr.…
Following the positive vote by the European Parliament on 10 December 2012 and the European Council of Minister’s adoption of the Regulation EU/1257/2012 on the Unitary Patent and the Regulation EU/…
"It's the same thing night on night / Who's wrong baby who's right / Another fight and I slam the door on / Another battle in our dirty little war / When I look at myself I don't see the man I…
An applicant for re-establishment of rights who fails to substantiate his request adequately in first-instance proceedings cannot normally remedy that failure by submitting additional evidence with…
As Christmas is coming closer, the "where is the Christmas stand?"-question comes up again. This little piece of engineering only used once a year is not only subject matter of several patents but…
The Supreme Court held that the relevant date of a patent's enforceability, in case a Spanish translation is required for such enforceability, is the date of announcement of the grant of the patent…
In the assessment of inventive step, the question whether the prior art discloses a pointer for the skilled person to use the measures described therein, and to apply these to a known substance,…
The Federal Court of Justice held that data can be a product directly obtained by a patented process and can therefore be protected. An important issue was whether patent rights were exhausted, if…
