Representation before the European Patent Office

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The European Patent Convention (EPC), the multilateral treaty providing the legal system according to which European patents are granted, contains provisions regarding whether a natural or legal person needs to be represented in proceedings before the European Patent Office (EPO).

1 General rule and exceptions
2 Professional representatives
3 See also
4 External links
5 Literature

[edit] General rule and exceptions

There is no general obligation to be represented by a professional representative to act in proceedings before the EPO. However, a person not having either their residence or place of business within the territory of one of the EPC Contracting States "must be represented by a professional representative and act through him in all proceedings", except for filing a European patent application (Article 133(2) EPC). Proceedings include grant proceedings (as applicant), in opposition proceedings (as patentee, opponent or intervener pursuant to Article 105 EPC) and in appeal proceedings (as appellant or respondent) (Article 133(1) EPC).

Representation of persons who must be represented and persons who do not need to be represented but who want to be represented must be by a professional representative, or in some circumstances by an authorised employee (Article 133(3) EPC) or by a legal practitioner (Article 134(7) EPC).

[edit] Professional representatives

Professional representatives bear the title of European patent attorney (EPA). In order to be a European patent attorney, one must (see Article 134(2) EPC):

be a national of one of the EPC Contracting States (although this requirement can be relaxed by the President of the EPO is "special circumstances" (Article 134(7) EPC);
have a place of business in one of the EPC Contracting States; and
have passed the European qualifying examination (EQE) or have been a qualified or experienced Patent Attorney as at the entry into force of the EPC in their state (the grandfather clause, Article 163 EPC).

The European qualifying examination (EQE) is a three-day pen-and-paper examination, comprising four papers:

Paper A (3½ hours) consists in drafting of claims and introduction of a European patent application, on the basis of the fictional letter by an inventor describing an invention and prior art documents.
Paper B (4 hours) consists in replying to a communication of an Examining Division raising substantive objections to a patent application, such novelty and inventive step objections.
Paper C (6 hours) consists in drafting a notice of opposition against a granted European patent.
Paper D actually consists in two legal papers:
- Paper D I (3 hours), which consists in a series of legal questions; and
- Paper D II (4 hours), which consists in a legal case usually requiring analyzing the legal situation of a client and proposing actions to be undertaken to cope with the situation.

The EQE is held each year simultaneously in various cities throughout Europe. In 2006 for instance, it was held in Berlin, Berne, Bristol, Dublin, Helsinki, Madrid, Munich, Paris, Rome, Stockholm, Taastrup, The Hague, and Vienna.

[edit] See also

[edit] External links

EPO web site

[edit] Literature

[edit] EPC

D. Visser 13th edition 2006.
C. Mulder and J. Hoekstra Training for the EQE. Parts I and II. Deltapatents. Nov. 2005.
Key to the EPC
J. Hoekstra References to the EPC. 1.12.2005
Chandler, Meinders C-Book- How to write a successful opposition and pass paper C of the European Qualifying Examination. 2005.
G. Gall Die europäische Patentanmeldung und der PCT in Frage und Antwort. 2002. Neuauflage für 2006 in Vorbereitung.
Rippe Europäische und internationale Patentanmeldungen. Praxis-Leitfaden. 2003.
M. Singer, D. Stauder, R. Singer Europäisches Patentübereinkommen. Jan. 2000.
M. Singer, D. Stauder European Patent Convention I and II. In English. Oct. 2003.
Brinkmann et al. EPÜ Handbuch , Stand: Mai 2005 ISBN 3-452-25383-X
H. Kley: EPÜ kommentiert, Gebührenordnung kommentiert, Zusammenstellung von G/J/T-Entscheidungen, Amtsblatt-Veröffentlichungen, jeweils aktuell nachgeführt; -> Hansjörg Kley
A. Rudge, S. Roberts Complete Guide to Passing the European Qualifying Exam: And Qualifying as a European Patent Attorney. Dec. 2004.
"Europäisches und Internationales Patentrecht" von Brandi-Dohrn , 2002
Annotated European Patent Convention Generated automatically taking into account all recent caselaw. Caselaw automatically selected if a particular decision cites a certain article or rule

[edit] PCT

C. Mulder The Cross-Referenced Patent Cooperation Treaty. May 2005
Peter Watchorn and Andrea Veronese, "PCT Procedures and Passage into the European Phase", Kastner AG, 2006, "ISBN-13: 978-3-937082-56-1"
FAQ to PCT from WIPO