The new Spanish Patent Act, which will come into force on 1 April 2017, will introduce a modernised “utility model” that is expected to become the natural alternative for “non-examined” patents, which the new law has put at bay.  One of the most controversial provisions dealing with utility models is Article 137, which reads as…

The Mobile World Congress (“MWC”) is one of the largest trade events taking place in Barcelona. Due to its importance, all relevant institutions, including regional and local governments, do their very best each year to help make the event as successful as possible. These efforts have resulted in, for example, the construction of a new…

According to the Spanish Patents Act, as a general rule, non-exclusive licensees do not have locus standi. However, when a third party is infringing the patent, they may require the patent owner to take action. According to the Law, if the patent owner fails to take action within three months, the non-exclusive licensee may then…

Earlier 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. In particular, in its Decision…

One 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”). Spanish Courts like this methodology, as it allows the Judge to subject the opinions expressed by the experts to an objective test. For example, in a judgment of…