Inspection on site on the day of the main hearing

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I have recently attended a main hearing at the FPC that began only in the afternoon because a site visit took place on the same day immediately before the hearing, at the premises of the defendant.

Note that this site visit was not for the purpose of a precise description in accordance with Art. 77(1) lit. b PatA (see e.g. this Blog here), but rather an inspection in accordance with Art. 181, 182 CPC. To the best of my knowledge, this was the first time that the FPC actually conducted such an inspection «in order to see the facts for itself or for a better understanding of the case.»

The judges did not bring any measuring instruments or analytical equipment — but both parties did, and I feel that the judges appreciated the demonstrations and measurements being made on the object of inspection during operation. The results of the measurements (showcased in the header image) have later on been discussed at the hearing .

Getting to the bottom of things is a good thing to do. In my perception, the inspection went smoothly and could (should?) set a precedent.

Reported by Martin WILMING

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One Reply to “Inspection on site on the day of the main hearing”

  1. Very interesting. However, this kind of “Augenschein” has already been common practice of at least some of the cantonal courts responsible for patent matters before the introduction of the FPC. It is surprising that it took so many years until the FPC uses this measure.

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