The Court of Appeal of Barcelona lifted a preliminary injunction on the grounds that ‘omnibus’ claims (merely a reference to the description or drawings without specifically stating any technical features) included in patents granted under the old Patent Act 1929 are not enforceable. According to the Court, the omnibus claim in dispute is not an “authentic or genuine claim” but a “formality” required under the old Patent Act. Therefore, Article 60.1 Patent Act 1986, stating that the scope of protection of a patent is determined by the claims interpreted in the context of the description, does not apply to omnibus claims.

Click here for the full text of this case.

A full summary of this case has been published on Kluwer IP Law.


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