Search for: "Miquel Montañá"
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22 May 2018, 1:18 am
Miquel Montañ;áThe Barcelona Court of Appeal (Section 15) recently handed down an interesting judgment (dated 6 February 2018) revoking a utility model and ordering the owner to pay the damages caused by having enforced it while knowing that it lacked novelty. [read post]
8 May 2018, 10:05 am
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]
9 Apr 2018, 2:44 am
Miquel Montañ;áIn one of the saga of cases that involved Societé des Produits Nestlé and companies that are trying to market capsules compatible with Nescafé’s Dolce Gusto system, the defendant alleged, among other arguments, that some of the patents asserted were null due to a lack of inventive step. [read post]
26 Mar 2018, 9:51 am
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]
26 Feb 2018, 9:55 am
Miquel Montañ;áAs published in previous blogs, on 1 April 2017 a new Patents Act came into force in Spain which has modernized Spanish patent law. [read post]
5 Feb 2018, 7:14 am
Miquel Montañ;áAnyone who ends up litigating in Spain, be it as complainant or as a defendant, should be wary of the rigidity of Spanish patent litigation. [read post]
22 Jan 2018, 4:54 am
Miquel Montañ;áIn our last blog (Will the Spanish Patent Office accept the modification of an SPC’s term after the Incyte judgment?) [read post]
8 Jan 2018, 10:07 am
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]
12 Dec 2017, 3:57 am
Miquel Montañ;áOne of the drawbacks of a fragmented patent litigation system in Europe is the existence of contradictory judgments on exactly the same question from Courts of different European countries. [read post]
28 Nov 2017, 10:00 am
Miquel Montañ;áAs readers know well, AgrEvo (T 939/92) is a landmark case in the history of European patent law. [read post]
13 Nov 2017, 8:37 am
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]
31 Oct 2017, 11:04 am
Miquel Montañ;áDuring the past decade, Spanish courts have debated the impact of the TRIPS Agreement (“TRIPS”) on patents the applications of which were filed before 7 October 1992, that is, before Spain’s Reservation under Article 167 of the European Patent Convention (“EPC”) expired. [read post]
25 Oct 2017, 6:56 pm
Miquel Montañ;áOn 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”. [read post]
25 Oct 2017, 12:59 am
Miquel Montañ;áFor 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 experts to testify as “persons skilled in the art”… [read post]
16 Oct 2017, 2:57 am
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]
2 Oct 2017, 6:56 pm
Miquel Montañ;áA judgment of 13 July 2017 from the Spanish Supreme Court (Civil Chamber) has highlighted the importance of taking the fine pencil when examining novelty. [read post]
26 Sep 2017, 5:20 am
Miquel Montañ;áFor 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 experts to testify as “persons skilled in the art”… [read post]
18 Sep 2017, 8:45 am
Miquel Montañ;áWhen analysing inventive activity, one risk that appears to be here to stay is that of hindsight. [read post]
26 Jul 2017, 3:49 am
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 Jul 2017, 3:49 am
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]
