(1) Upon request, the German Patent and Trade Mark Office grants any person inspection of the files and of the models and samples pertaining to the files if and insofar as a legitimate interest is substantiated. However, any person may inspect the Register and the patent files, including the files concerning limitation or revocation proceedings (section 64).
(2) Any person may inspect the files of patent applications if
1. the applicant has declared his or her consent vis-à-vis the German Patent and Trade Mark Office to inspection of the files and has designated the inventor, or
2. a period of 18 months has expired since the date of filing (section 35) or, if an earlier date is claimed to govern the application, since that date,
and information has been published in accordance with section 32 (5). If the application or part of the application is not in German, section 35a (4) applies.
(3) Insofar as any person may inspect the files, they may also inspect the models and samples pertaining to the files.
(3a) Insofar as any person may inspect the files, inspection via the internet may also be granted if the files are kept electronically.
(3b) Inspection of the files in accordance with subsections (1) to (3a) is ruled out if
1. it is precluded by a legal provision,
2. an interest meriting protection of the data subject within the meaning of Article 4 no. 1 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1; L 314, 22.11.2016, p. 72; L 127, 23.5.2018, p. 2), as amended, obviously prevails,
3. the files contain information or drawings which are obviously contrary to ʻordre publicʼ or morality.
(4) Inspection of the designation of the inventor (section 37 (1)) is granted in accordance with subsection (1) sentence 1 only where applied for by the inventor as designated by the applicant; section 63 (1) sentences 4 and 5 applies accordingly.
(5) The German Patent and Trade Mark Office may grant inspection of the files of patent applications and patents in respect of which, pursuant to section 50, there is no publication at all only after consulting the competent highest federal authority if and insofar as the granting of inspection seems necessary owing to the special interest meriting protection of the person making the request and it is not to be expected that the granting of inspection will cause a risk of serious detriment to the external security of the Federal Republic of Germany. If a patent application or a patent under section 3 (2) sentence 3 is cited in proceedings as the state of the art, sentence 1 applies accordingly to such part of the files as relates to that citation.