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Spain looks overseas for guidance on DoE

Spain’s courts imported the old English test into their patent law. Miquel Montañá asks: now that test has changed, will they have to change too?

In Spain, the first modern attempt at developing a doctrine of equivalents was made by the Barcelona Court of Appeal (Section 15). The most elaborate test can be found in its judgment of January 17 2008 (Laboratorios Cinfa v Eli...

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