A decision of the Unified Patent Court (UPC) seemed to indicate that in-house patent attorneys cannot act as representatives before the UPC.
However, a close reading reveals that the UPC has only ruled that a UPC representative who is also a managing director and major shareholder may not be allowed access to confidential information that an independent representative is permitted to receive.
This decision is based on regulations stating that a representative must be independent and serve the interests of his or her client without bias. As a result, in this case, access to confidential evidence was denied.
Therefore, the court's decision raises lingering doubts. It leaves me wondering if this shouldn’t also apply to in-house patent attorneys who aren't directors or shareholders. It's a matter worth considering for the integrity of the legal process.
