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.
Case date: 14 February 2018
Case number: X ZR 110/17
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.
_____________________________
To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.
Kluwer IP Law
The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?
Learn how Kluwer IP Law can support you.
