An International Guide to
Patent Case Management for Judges

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12.4.6 Jurisdiction for invalidation proceedings

Civil courts will in all cases have jurisdiction for invalidation proceedings based on the causes mentioned.

12.4.6.1 Appeals against SPTO patent decisions

SPTO decisions with respect to national patents are administrative decisions that may be appealed before national courts. If the ground for challenging a patent is a violation of the administrative rules governing the granting process, the Administrative Courts have jurisdiction for the dispute.45 However, since the enactment of Organic Law No. 7/2022, the civil sections specialized in commercial cases in the Provincial Courts have jurisdiction for actions against violations of substantive provisions of patent law.46

12.4.6.2 Invalidation proceedings before civil courts specialized in commercial matters

If an SPTO decision granting a patent is not challenged by any interested party, through the opposition procedure, within a period of six months,47 the administrative decision will become final and the interested parties may only bring an action for invalidity of the patent before the specialized commercial courts.48 This claim may be asserted by way of action or by way of defense. If obtained by way of judicial action, a declaration of invalidity produces effects in respect of all persons, as provided in Article 104(4) of LP-2015, and the patent registration is canceled. If obtained only by way of defense, it produces effects only between the parties.