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Where is the EPC provision which would allegedly allow the EPO to “grant” a patent with a different text for Contracting States that entered reservations in accordance with Art. 167(2)(a)?

Article 118 of the EPC (entitled “Unity of the European patent application or European patent”) states that:

“[...] the text of the application or patent shall be uniform for all designated Contracting States, unless this Convention provides otherwise.

Like other Articles such as Article 2.2, 14.3, 43.1, 130.1 or 148.1, Article 118 follows the logic consisting of setting out general principles which can only be abandoned (“carved out”) if another provision of the Convention provides “otherwise.” It is a technique widely used in all international treaties.

If the reader takes the time to carefully review the provisions of the EPC and its Implementing Regulations (“IR”), which according to A [...]

High Court of Justice of Madrid makes a rather harsh interpretation of the scope of “restitutio in integrum”

On 3 June 2015, the High Court of Justice (“Tribunal Superior de Justicia”) of Madrid handed down a judgment which has alerted everyone of the need to have robust systems in place to make sure that a deadline for paying renewal fees is not missed. The facts of the case may be briefly summarised as follows:

A Spanish company that failed to give instructions to its patent agents to pay the renewal fees for a patent application on time, filed an application for “restitutio in integrum” before the Spanish Patents and Trademark Office (“SPTO”). The application was based on a affidavit from an employee of the company, where he explained that although the company had an efficient and secure system [...]

The Difficult Interface between Opposition Proceedings before the EPO and parallel national proceedings: will the new Spanish Patent Act shed some light?

One of the tricky consequences of Article 64 of the European Patent Convention (“EPC”), which establishes that the European patent is immediately enforceable after its publication, and Article 99, which provides for “post-grant” oppositions, is that quite often the combination of these two articles fuels two trains that run in parallel where the validity of the patent is revisited. Since the EPC does not contain any provision addressing this situation, this leaves it up to the national laws of contracting parties to the EPC to devise a solution.

In contrast, the Community Trademark Regulation, for example, establishes that a Community trademark court hearing one of the actions envisaged in [...]

Challenges raised by multinational inventions to be discussed at the next AIPPI Annual Meeting in October: some proposals from Spain

One of the issues which will be discussed at the next annual meeting of AIPPI, due to take place in Rio de Janeiro in October 2015, is Q244, entitled “Inventorship of multinational inventions.”

In today’s world, it is becoming increasingly frequent for inventions to be the outcome of teamwork conducted by persons from different jurisdictions. This, coupled with the lack of a universally-accepted concept of “inventor” and the “local first-filing requirement” contained in the laws of many countries, raises formidable challenges for applicants. Sometimes they are confronted with legal requirements from several countries which cannot be simultaneously fulfilled, which places applicants in an imp [...]

New Spanish Patents Act coming into force on 1 April 2017

On 25 July 2015, the Spanish Official State Gazette published the text of Act 24/2015, of 24 July 2015, on Patents (“New Patents Act” or “the new Law”), which is due to come into force on 1 April 2017. Although a blog is too short a place to discuss a law that has 186 articles, 10 “additional provisions”, 6 “transitory provisions”, 1 “derogatory provision”, and 9 “final provisions”, what follows is a short account of the aspects that the author finds of particular interest:

The first aspect deals with the examination and granting procedure, which has been changed completely. The New Patents Act has abandoned the “à la carte” examination procedure, whereby applicants were free to choose whet [...]

Innovation at the Mobile World Congress sparks innovation at Barcelona Commercial Courts

Technological innovation has left deep footprints on the evolution of International Law. In the mid-1960s, in his course at The Hague Academy of International Law, professor Mouton explained that every time inventors conceived a revolutionary invention, politicians had to devise an international organization to take care of it. A classic example is the establishment of the Central Commission for Navigation on the Rhine – the first international organization in history – created in 1815, following Robert Fulton’s invention of the steamboat. Technological innovation has also left footprints on the way the courts devise procedures to improve the administration of justice. A recent example c [...]

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