Patent Law: Constitutional complaints relating to the European Patent Office, access to complaint briefs for the public (Published on 15/03/2021)

As is known, several constitutional complaints against acts of the European Patent Office are currently pending before the German Constitutional Court (“BVerfG”) (cf. docket no.s 2 BvR 2480/10, 2 BvR 421/13, 2 BvR 786/15, 2 BvR 756/16 and 2 BvR 561/18). The complaint briefs from several of these proceedings have been published on the EPO patent register (https://register.epo.org/regviewer) by the respective patent owners and can be accessed by everyone via the patent number and the register display option “All documents”.

As far as currently known here, the aforementioned constitutional complaint proceedings concern the following European patents:

• docket no. 2 BvR 2480/10: Unknown;
• 2 BvR 421/13: EP 1 429 968 (link to the complaint brief, register entry of 13-14/03/2013);
• (provisional docket no.) AR 2077/15: EP 0 964 677 (link to the complaint brief, register entry of 11/05/2015);
• 2 BvR 786/15: Unknown;
• 2 BvR 756/16 (previously provisional docket no. AR 2435/13): EP 0 722 730 (link to the first complaint brief [register entry of 08/05/2013], link to the second complaint brief [register entry of 27/07/2015]);
• 2 BvR 561/18: Unknown.
  
  

It is possible that the proceedings listed above under the provisional docket no. AR 2077/15 have later been given the docket no. 2 BvR 786/15, and that the second constitutional complaint filed for EP 0 722 730 has been registered under the docket no. 2 BvR 786/15 or 2 BvR 561/18. Further information may be obtained by a more detailed review of the EPO register on said European patents.

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