UK Patent Document Access Rules Raise Secrecy Concerns

A new pilot program from the High Court will implement changes to transparency rules in patent disputes. This formalized practice aims to make court documents publicly available. While some experts broadly welcome the new rules, some are concerned about the potential for exploitation.

Although most parties are willing to hand over skeleton arguments upon request at the hearing itself, the program will push those that might be reluctant to hand over certain documents to share them.

Finnegan partner Jin Ooi spoke with Law360, stating that "There are certain litigants that will happily hand over the skeleton arguments, but are more cautious for witness statements and expert reports and the like… you have to write to them and justify and push them a little."

Some lawyers hope that the two-day period before skeleton arguments are published, and the 14-day period before other documents are made public, will provide sufficient time to ensure appropriate redactions are made to protect commercially sensitive and confidential information.

 “As an idea at a high level, I think it's laudable and to be encouraged,” said Jin. “If there are any concerns it is how it will be implemented. I think that is what people will be paying attention to."

"There are safeguards within the pilot, but I think the question is how practically those safeguards will work in practice," he added.

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