In a lengthy obiter dicta, the Barcelona Court of Appeal seems to depart from a longstanding assumption of Spanish law: that the mere continuance of the infringement (i.e. the presence of the infringing goods on the market) is per se enough to justify the urgent interest in the grant of a preliminary injunction. Rather, an…

When the Kingdom of Spain joined what were then called the European Communities (the “EC”) in 1986, it had to approve a new Patents Act which sought to adapt Spain’s patent law to the standards required by the EC. For example, for the purpose of avoiding that an infringer could invoke a “cover” patent or…

In a Judgment dated 12 June 2013, the Spanish Supreme Court confirmed that it was possible to discriminate between different objective technical problems within the same set of claims. Accordingly, an independent claim may be found to be obvious, and yet one of its dependent claims could still be deemed valid, provided that it claimed…

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 analysing its validity cannot be different from when its infringement is analysed”. The Judges also highlighted the relevance of the…

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 problem” as defined in the patent’s specification, b) the limits to the combination of prior art documents and c) the professional qualifications required for…

For many years, Spanish Courts have considered the “problem & solution approach” developed by the European Patent Office (“EPO”) to be a very useful tool for the purpose of trying to make an objective assessment of inventive activity. Unlike in other jurisdictions such as Germany, in Spain this method has become the natural instrument used…

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 problem” as defined in the patent’s specification, b) the limits to the combination of prior art documents and c) the professional qualifications required for…

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 September 2017 in honour of Dr. Dieter Brändle – the first President of the Swiss Federal Patent…

By Gregory Bacon Yes, you read that right. Thirteen years after the House of Lords had firmly shut the door on any notion of a doctrine extending the scope of patent protection outside the claims, the UK Supreme Court in yesterday’s judgment in Actavis v Eli Lilly [2017] UKSC 48 reversed gear and reintroduced a…

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 the patent, at this party’s expense, through announcements and notifications to the interested persons. This measure will only be applicable when…