An International Guide to
Patent Case Management for Judges

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12.9.1 Provisional enforcement

Spanish procedural rules generally permit the provisional enforcement of judgments that are not yet final in order to avoid damages being incurred during the time required for appeal. Exceptions are made for judgments of certain kinds, as well as non-final foreign judgments, unless provided otherwise by an international treaty.

Among the exceptions are judgments declaring the invalidity of a patent. On the other hand, judgments issued in patent infringement cases may be enforced provisionally.