Patent owner allowed to seek determination that production is not covered by patent under Art. 19 and 114 ust. 1.

The Supreme Court dismissed the extraordinary review filed by the Ombudsman against a Patent Office decision. The Coal Mine sought to determine that its raw coal production was not covered by a mining shovel patent, while the inventors argued the matter belonged to civil courts due to a separate royalty dispute. The Court held that the patent owner has a legitimate legal interest in establishing the scope of protection regardless of pending civil proceedings, thereby validating the administrative procedure.