UPC decisions: Public access to the register

Rule 262.1 (b) of the Rules of Procedure of the Unified Patent Court: The applicant made the request on behalf of an anonymous third party who was interested in the patent at issue and its legal validity (or lack thereof). The request was rejected in accordance with Rule 262.1(b) Rules of Procedure which requires a “reasoned request”. 

A reasoned request according to the Rules of Procedure requires a concrete and verifiable, legitimate reason for making available written pleadings and evidence upon a request by a member of the public. The mere wish from a natural person to form an opinion on the validity of a patent out of a personal and a professional interest cannot be accepted as a sufficiently concrete, legitimate reason according to the Rules of Procedure (UPC September 20, 2023, CFI 1/2023).

 

Rule 262.1 (b) of the Rules of Procedure of the Unified Patent Court: The applicant requests copies of all documents from the file, in particular a copy of the statement of revocation and a copy of the letter for service on the patent proprietor. The reason for the request was so that the applicant can be informed of the proceedings before the Unified Patent Court for the purposes of education and training. On essentially the same grounds as in the order discussed above, the court finds that education and training purposes are not legitimate reasons within the meaning of Rule 262.1(b) Rules of Procedure. The stated purposes are also insufficiently concrete and verifiable. (UPC September 21, 2023, CFI 75/2023).