Germany : Akteneinsicht XXIII, Federal Court of Justice of Germany, X ZR 110/17, 14 February 2018

Kluwer Patent Blog
May 31, 2018

Please refer to this post as: , ‘Germany : Akteneinsicht XXIII, Federal Court of Justice of Germany, X ZR 110/17, 14 February 2018’, Kluwer Patent Blog, May 31 2018, http://patentblog.kluweriplaw.com/2018/05/31/germany-akteneinsicht-xxiii-federal-court-justice-germany-x-zr-11017-14-february-2018/


The FCJ held that:

a) An objection by one party can lead to the petitioner being required to demonstrate a legitimate interest in the inspection of the files of a patent nullity procedure, but only if the opposing party demonstrates an interest of its own which may stand in the way of the inspection.

b) The interest of a private expert in the fact that his name and the circumstance that he has become active on behalf of a particular party do not become known must, as a rule, stand back behind the right to inspection of files provided for in Sec. 99 (3) and Sec. 31 Patent Law for everyone.

A full summary of this case has been published on Kluwer IP Law.