Delay on the effectiveness of European Patents in Spain?

Alvaro Velazquez Saiz, a senior associate in Madrid, recently had an article “Delay on the effectiveness of European Patents in Spain?” published in the most recent edition of Patent World magazine.

The article discusses a recent decision by the Court of Appeals of Barcelona which concluded that European Patents shall have effects in Spain only as of the moment they are published in Spanish by the Spanish Patent Office, rendering granted European Patents ineffective in the meantime, even after their validation through the filing of the translation at the Patent Office. The case has been taken to the Supreme Court for breaching art. 64 of the European Patent Convention.  

The article analyzes the different key aspects which the Court of Appeals of Barcelona overlooked in interpreting the exact date triggering the effectiveness of European Patents in Spain. This is an interesting review of a recent case by one of the best IP courts in Spain which concerns a limiting interpretation of the EPC on the commencement of the effectiveness of European Patents, which may be also interesting for other European jurisdictions, and which shall undoubtedly affect future patent enforcement in Spain.