(c)[ 158 ]
has passed the European qualifying examination
may be entered on the list of professional representatives.
is entitled to represent natural or legal persons in patent matters before the central industrial property office of that State. Where such entitlement is not conditional upon the requirement of special professional qualifications, the person shall have regularly so acted in that State for at least five years.
Entry shall be effected upon request, accompanied by certificates indicating that the conditions laid down in paragraph 2 or 3 are fulfilled.
For the purpose of acting as a professional representative, any person whose name appears on the list of professional representatives shall be entitled to establish a place of business in any Contracting State in which proceedings established by this Convention may be conducted, having regard to the Protocol on Centralisation annexed to this Convention. The authorities of such State may remove that entitlement in individual cases only in application of legal provisions adopted for the purpose of protecting public security and law and order. Before such action is taken, the President of the European Patent Office shall be consulted.
(7)[ 159 ]
The President of the European Patent Office may grant exemption from:
the requirement of paragraphs 2(a) or paragraphs 3(a) in special circumstances;
the requirement of paragraph 3(c), second sentence, if the applicant furnishes proof that he has acquired the requisite qualification in another way.
Representation in proceedings established by this Convention may also be undertaken, in the same way as by a professional representative, by any legal practitioner qualified in a Contracting State and having his place of business in that State, to the extent that he is entitled in that State to act as a professional representative in patent matters. Paragraph 6 shall apply mutatis mutandis.
Amended by the Act revising the European Patent Convention of 29.11.2000.
See decision of the President of the EPO of 21.11.2013 concerning the responsibilities of the Legal Division (OJ EPO 2013, 600) and notice from the EPO of 12.05.2015 concerning representation before the EPO (OJ EPO 2015, A55).
See decision of the Administrative Council CA/D 26/08 of 10.12.2008 amending the Regulation on the European qualifying examination for professional representatives before the EPO, which entered into force on 01.01.2009 (OJ EPO 2009, 9; see supplementary publication 2, OJ EPO 2019).
See decision of the President of the EPO (OJ EPO 2012, 13).
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar134.html
Date retrieved: 17 May 2021
83 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
XA.134a EPC Article 134a Institute of Professional Representatives before the European Patent Office
EPC Implementing Rules
EPO Guidelines - A Formalities Examination
XGL A VIII 1.2 Representation by a professional representative ; list of professional representatives
EPO Guidelines - C Procedureal Aspects of Substantive Examination
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
EPO Guidelines - E General Procedural Matters
EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA
Offical Journal of the EPO
XOJ EPO 2020, A19 - Notice from the European Patent Office dated 29 January 2020 concerning the United Kingdom's withdrawal from the European Union on 31 January 2020
XOJ EPO SE 2/2019, p2 - Regulation on the European qualifying examination for professional representatives
XOJ EPO SE 2/2019, p1 - Decision of the Administrative Council of 10 December 2008 amending the Regulation on the European qualifying examination for professional representatives before the European Patent Office (CA/D 26/08)
XOJ EPO SE 1/2018, p68 - VII.1 - Notice of the Vice-President of Directorate-General 3 of the European Patent Office dated 16 July 2007 concerning oral proceedings before the boards of appeal of the EPO (OJ EPO 2007, Special edition No. 3, 115)
XOJ EPO SE 2/2017, p2 - Regulation on the European qualifying examination for professional representatives
XOJ EPO SE 2/2017, p1 - Decision of the Administrative Council of 10 December 2008 amending the Regulation on the European qualifying examination for professional representatives before the European Patent Office (CA/D 26/08)
XOJ EPO SE 1/2017, p69 - VII.1 - Notice of the Vice-President of Directorate-General 3 of the European Patent Office dated 16 July 2007 concerning oral proceedings before the boards of appeal of the EPO (OJ EPO 2007, Special edition No. 3, 115)
XOJ EPO 2017, A24 - Notice from the Examination Secretariat for the European qualifying examination - Registration pursuant to Rule 28 of the Implementing provisions to the Regulation on the European qualifying examination
XOJ EPO 2015, A55 - Notice from the European Patent Office dated 12 May 2015 concerning representation before the EPO
XOJ EPO 2013, 600 - Decision of the President of the European Patent Office dated 21 November 2013 concerning the responsibilities of the Legal Division
XOJ EPO 2013, 535 - Notice from the European Patent Officedated28August2013 on matters concerning representation before the EPO
XOJ EPO 2012, 22 - Notice from the European Patent Office dated 13 December 2011 concerning EPO online services
XOJ EPO 2012, 13 - Decision of the President of the European Patent Office dated 1 December 2011 delegating his powers to decide on requests for exemption from requirements for entry on the list of professional representatives
XOJ EPO 2012, 10 - Decision of the President of the European Patent Office dated 13 December 2011 concerning notification by technical means of communication in selected EPO proceedings
XOJ EPO 2010, 498 - Notice from the European Patent Office dated 7 July 2010 concerning inventions which involve the use of or concern biological material