The FCJ confirmed that the costs of the participation of a European Patent Attorney (Professional Representative before the EPO) in a patent case before the German civil courts are always recoverable from the losing party pursuant to sec. 143 (3) Patent Act.

Case date: 14 April 2020
Case number: X ZB 2/18 (ECLI:DE:BGH:2020:140420BXZB2.18.0)
Court: Federal Court of Justice of Germany

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


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