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10 Dec 2018, 9:00 am by Miquel Montañá
Miquel Montañ;áAs already reported by Kluwer Patent Blog, on 5 December 2018 (case T 1063/18) the EPO’s Technical Board of Appeal 3304 found that Rule 28 (2) is contrary to article 53 of the European Patent Convention (“EPC”) and that, therefore, it does not prevent the patentability of new pepper plants and fruits with improved nutritional value (patent EP 2753168). [read post]
25 Dec 2016, 1:33 am by Miquel Montañá
Miquel Montañ;áClifford ChanceAccording to the Spanish Patents Act, as a general rule, non-exclusive licensees do not have locus standi. [read post]
31 Oct 2016, 4:35 am by Miquel Montañá
Miquel Montañ;áClifford ChanceThe Court of Appeal of Barcelona (Section 15) recently upheld an appeal filed by a manufacturer of security systems against a judgment that had dismissed a patent infringement action filed against a former distributor who was manufacturing duplicates of the keys used in such system. [read post]
18 Sep 2017, 8:45 am by Miquel Montañá
Miquel Montañ;áWhen analysing inventive activity, one risk that appears to be here to stay is that of hindsight. [read post]
18 Mar 2019, 4:20 am by Miquel Montañá
Miquel Montañ;áOn 12 February 2019, the Barcelona Court of Appeal (Section 15) issued an interesting judgment clarifying the role played by “drawings” for the purpose of interpreting the scope of protection of a patent. [read post]
21 Aug 2016, 12:00 am by Miquel Montañá
Miquel Montañ;áClifford ChanceOne of the possible methods to examine incentive activity is what is known as the “problem and solution approach” usually applied by the European Patent Office (“EPO”). [read post]
8 May 2018, 10:05 am by Miquel Montañá
Miquel Montañ;áThe new Spanish Patent Act, which came into force on 1 April 2017, introduced numerous improvements aimed at modernising an old and archaic patent system that needed a total reform. [read post]
3 Apr 2016, 8:55 pm by Miquel Montañá
Miquel Montañ;áClifford ChanceAs a foreign spectator of the litigation between Actavis and Eli Lilly (Alimta®) before the English Patents Court (the Hon. [read post]
29 May 2017, 10:26 am by Miquel Montañá
Miquel Montañ;áOne of the difficulties that patent owners sometimes encounter when they are planning to apply for a preliminary injunction is the dearth of evidence. [read post]
13 Nov 2017, 8:37 am by Miquel Montañá
Miquel Montañ;áWhen 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. [read post]
27 Jun 2016, 3:05 am by Miquel Montañá
Miquel Montañ;áClifford ChanceLast Friday Europe woke-up with the worst news since World War II, which could have far-reaching consequences not only for the economy, but also for the values that one would like to see prevailing in the world. [read post]
16 Oct 2017, 2:57 am by Miquel Montañá
Miquel Montañ;áFor 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. [read post]
12 Dec 2016, 5:25 am by Miquel Montañá
Miquel Montañ;áClifford ChanceAs readers may know from previous blogs, a new Patents Act (“Law 24/2015, of 24 July, of Patents”) is due to come into force in Spain on 1 April 2017. [read post]
11 Dec 2018, 6:54 am
On the Kluwer Patent Blog, Miquel Montañ;á provides some political context to the decision: Political Dimension of Tomatoes, Broccoli and Peppers.EP Law reports on a German patent infringement case, in which the question of direct infringement of a combination patent was considered. [read post]
16 Jan 2020, 3:09 am by Miquel Montañá
Miquel Montañ;áBarcelona Commercial Courts have a well-deserved reputation for being dynamic and creative. [read post]
26 Jul 2017, 3:49 am by Miquel Montañá
Miquel Montañ;áIn paragraph 54 of its judgment of 12 July 2017, the UK Supreme Court wrote that “[…] notwithstanding what Lord Diplock said in Catnic [1982] RPC 183, 242, a problem of infringement is best approached by addressing two issues, each of which is to be considered through the eyes of the notional addressee of the patent in suit, ie the person skilled in the relevant art. [read post]
8 Jan 2018, 10:07 am by Miquel Montañá
Miquel Montañ;áReaders will recall that, in its judgment of 6 October 2015 (Case C-471/14, Seattle Genetics), the CJEU concluded that the relevant date for calculating the term of a supplementary protection certificate (“SPC”) is not the date on which a marketing authorisation (“MA”) is granted, but the date when the addressee is notified of the decision to grant the MA. [read post]
19 Sep 2016, 1:47 am by Miquel Montañá
Miquel Montañ;áClifford ChanceEarlier this year, the Commercial Courts of Barcelona published a decision which shows that patent owners cannot obtain “Diligencias para la comprobación de hechos” (“Proceedings for the Verification of Facts”; a procedure roughly equivalent to the French “Saisie-contrafaçon“) in Spain unless they carefully prove that the application fulfils certain conditions. [read post]
26 Jul 2017, 3:49 am by Miquel Montañá
Miquel Montañ;áIn paragraph 54 of its judgment of 12 July 2017, the UK Supreme Court wrote that “[…] notwithstanding what Lord Diplock said in Catnic [1982] RPC 183, 242, a problem of infringement is best approached by addressing two issues, each of which is to be considered through the eyes of the notional addressee of the patent in suit, ie the person skilled in the relevant art. [read post]
26 Mar 2018, 9:51 am by Miquel Montañá
Miquel Montañ;áAs discussed in previous blogs, four years ago (yes, it has already been four years, tempus fugit) the Barcelona Commercial Court Judges who hear patent cases published a Protocol aimed at providing a quick and efficient service to participants of the Mobile World Congress (“MWC”) that takes place every year in Barcelona. [read post]