Patent case: Judgment no. 550/2018, Spain

Kluwer Patent Blog
December 13, 2018

Please refer to this post as: , ‘Patent case: Judgment no. 550/2018, Spain’, Kluwer Patent Blog, December 13 2018, http://patentblog.kluweriplaw.com/2018/12/13/patent-case-judgment-no-5502018-spain/


In a Judgment dated 26 July 2018, the influential Barcelona Court of Appeal (Section 15) rejected an overly narrow, “literalistic” interpretation of a patent claim. A claim’s terms must be interpreted according to the meaning that a person skilled in the art would give them – even if it is not the most scientifically “puristic” interpretation – also taking account of the patent’s description. Patentees and (alleged) infringers alike in close-call infringement cases can find some useful guidance in this decision.

Case date: 26 July 2018
Case number: 550/2018
Court: Court of Appeal of Barcelona

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