Anonymous objections to patent protection

10.5.2016

Question for written answer E-003854-16
to the Commission
Rule 130
Dietmar Köster (S&D)

The European Patent Office is not an official institution of the EU. However, because of the creation of unitary patent protection, the procedure will at least indirectly become an EU procedure. In proceedings before the European Patent Office, any third party may present observations concerning the patentability of an invention (Article 115 of the European Patent Convention, EPC). However, such observations (objections) may also be presented anonymously, and even through an interface of the European Patent Register. An objection can also be lodged anonymously. Some Boards of Appeal do not admit these objections, whereas others do.

Is it appropriate to allow anonymous objections in a procedure governed by the rule of law?