On 12 February 2019, the influential Barcelona Court of Appeal (Section 15) issued an interesting judgment clarifying the role played by a patent’s drawings for the purpose of interpreting the scope of protection of the claims. This judgment has reversed a previous first instance decision which, according to the Court of Appeal, unduly relied on a drawing illustrating a preferred embodiment of the invention to limit the scope of protection of the claims.
Case date: 12 February 2019
Case number: 230/2019
Court: Court of Appeal of Barcelona
A full summary of this case has been published on Kluwer IP Law.