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Spanish amendments to the draft new Patents Act: will Spain have rickshaws instead of cars in the streets?

In September of 2013, the Spanish Patents and Trademarks Office (“SPTO”) published a draft Patents Act aimed at modernising the old Act 11/1986, of 20 March, on Patents, which is close to celebrating its 30th anniversary. After hearing the stakeholders concerned, on 11 April 2014 the Council of Ministers approved the draft and sent it to Parliament, hoping that the new law could be approved before the next elections, which are expected to take place during the third or fourth quarter of 2015.

 The forthcoming elections appear to be the only rational explanation for a few of the amendments proposed by some of the parliamentary groups, which were published on 13 April 2015. Rather surprisingl [...]

The Applicable Law in the UPC: Some Reflections sparked by the OCR

The OCR (“Old Combination Room”) at Christ College is a lovely, warm and inspiring pine-paneled room located at the heart of one of the most traditional colleges at Cambridge University. For many many decades, like the OCRs of other colleges at Cambridge and at the other leading English university, it has been a place for gathering, sparking friendships and reflection. However, at the OCR of Christ College one has to be careful because not everything is what it seems. Hanging on one of the walls there is an old portrait of Historian Laurence Echard (1670-1730), who appears to have freckles and moles on his face. But upon closer inspection, what looks like freckles and moles turns out to be t [...]

More on the Judgment of 12 March 2015 of the CJEU in Actavis v. BI

In the blog published on 17 March 2015, we discussed the judgment dated 12 March 2015 of the Court of Justice of the European Union (“CJEU”) handed down in response to the preliminary questions referred by the High Court of Justice (England and Wales), Chancery Division (Patents Court) in a case between Actavis Group EHF, Actavis UK Ltd (“Actavis”) and Boehringer Ingelheim Pharma GmbH & Co. KG (“BI”) dealing with a combination product (Telmisartan and HCTZ). As highlighted in that blog, in this recent judgment the CJEU appears to have come to the conclusion that for the purposes of article 3 (a) and (c) of Regulation (EC) 469/2009, the relevant test is whether the combination as such constit [...]

The Judgment of 12 March 2015 of the CJEU in Actavis v. BI: is the “subject-matter of the patent” test crafted by the AG in Medeva to replace the “core inventive advance” test?

On 12 March 2015, the Court of Justice of the European Union (“CJEU”) published the judgment announced in our last blog in Case C-577/13, in response to some of the preliminary questions referred by the High Court of Justice (England and Wales), Chancery Division (Patents Court) in a case between Actavis Group EHF, Actavis UK Ltd (“Actavis”) and Boehringer Ingelheim Pharma GmbH & Co. KG. (“BI”).  The facts of the case before the referring Court may be summarised as follows:

Background of the case:

On 9 August 1999, BI was granted a Supplementary Protection Certificate (“SPC”) for Telmisartan based on a marketing authorisation for Telmisartan granted on 16 December 1998 and patent EP (UK) 50 [...]

SPC cases are back and there are more to come: will the CJEU definitively heal the Medeva wounds on 12 march, or will it rub salt into them?

The Supplementary Protection Certificate (“SPC”) seas have been relatively calm after the turmoil caused by “Super Thursday” (i.e. 12 December 2013), when shortly before packing for Christmas the Court of Justice of the European Union (“CJEU”) published three judgments on SPCs in a row. However, over the last few months there have been recent developments, some of which we would like to pick-up on in this blog.

The first development relates to what the relevant date is for calculating the term of the SPC: the date when the marketing authorization was “granted” or the date when the applicant was notified of the decision granting the authorization. So far, patent offices in the United Kingdom [...]

Mollusc patent litigation: going back in time

For those who thought that patent litigation was only relevant for big pharma or cutting-edge telecom devices, it may be of interest to learn about a relatively recent judgment from the Court of Appeal of A Coruña that has resolved a fierce dispute around patents protecting mollusc cleaning machines. A Coruña is one of the main cities on the coast of Galicia, one of the gastronomic paradises of European seafood lovers. So it is not surprising that the dispute revolved around four machines that the defendant had acquired for the purpose of cleaning molluscs.

In its judgment of 11 September 2014, the Court of Appeal of A Coruña dismissed the appeal filed by the owner of two patents that pro [...]

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