Decisions in patent ownership disputes are rare in Spain. The last significant one was the 2022 judgment from the Spanish Supreme Court in the “Ecoforest” case. Now, the Valencia Court of Appeal – a growing forum for patent disputes – rules that the two-year statute of limitations for filing patent ownership claims cannot be interrupted. In addition, it provides some guidance on the notion of bad faith in entitlement disputes. Once again, this decision highlights the need for solid contractual provisions on foreground IP, especially if outsourcing research to universities and other public bodies.
Case number: 11/12/2024
Case date: 12 November 2024
Court: Provincial Court of Valencia
A full summary of this case has been published on Kluwer IP Law
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