T 1691/15 - Confidentiality of complaints during opposition
Complaints filed at the EPO are treated confidentially. But what should happen if an opponent communicates with the complaint department of the EPO relating to his opposition. Should protecting the privacy of the complainer prevail, in this case the opponent, or should the patent proprietor be informed?
In this case the Board decided to inspect the non-public part of the file themselves and forward parts thereof to the proprietor.
Reasons for the Decision
(...)
3. Communication of the exchange of letters between the appellant and the EPO during the opposition proceedings - Referral to the Enlarged Board of Appeal (request 6)
3.1 In his letter dated 7 May 2015 in the appeal proceedings, the appellant referred, among others, to the following letters:
- EPO's letter dated 30 April 2014; and
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