Upfront loaded patent proceedings in Spain: strict need of timely translations. Brief comment on the Supreme Court Judgment 20 October 2023

In a patent litigation case between Smart Trike Mnf Pte Ltd (a US American company) and Fábricas Agrupadas de Muñecas de Onil, SA (FAMOSA, the most well-known dolls manufacturer in Spain), the Civil Chamber of the Spanish Supreme Court in a 20 October 2023 decision has confirmed the need of filing Spanish translations of documents drafted in a foreign language with the initial brief of an invalidity action or counterclaim. Otherwise, the prior art drafted in a foreign language used in the invalidity attack will be ignored. It is not possible to correct this lack of translation after the party has filed a reply to the invalidity claim or counterclaim.