D 0003/89 (Vocational college qualification) of 5.3.1989

European Case Law Identifier:

ECLI:EP:BA:1989:D000389.19890305

Date of decision:

05 March 1989

Case number:

D 0003/89

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Bibliographic information is available in:	DE \| EN \| FR
Versions:	OJ

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Board:

DBA

Headnote:

I. Under current law a qualification from a German vocational college (Fachhochschule) cannot per se be accepted as corroboration of an equivalent level of scientific or technical knowledge within the meaning of Article 7(1)(a), second alternative, of the Regulation.
II. EC directives and legislation in individual Member States are not binding on the European Patent Organisation but may give grounds for reviewing the law applicable to the Organisation and adapting it to changed attitudes in those States.
III. Equivalent scientific or technical knowledge within the meaning of Article 7(1)(a), second alternative, of the Regulation may be demonstrated not only by an additional period of three years spent working in a range of activities pertaining to patent matters but also by relevant experience in another appropriate field (e.g. research).
IV. No doubt exists about the validity of the way in which the examination procedure was drawn up. Its substance may be examined only for possible misuse of discretionary powers (see D 1/81, OJ EPO 1982, 258, and D 5/89, OJ EPO 1991, 218).
V. The candidate has no right to an interview to demonstrate an equivalent level of scientific or technical knowledge.
VI. To prevent undue hardship a candidate may be allowed to enrol for the European Qualifying Examination before completing three years' professional practice.
VII. The admissibility of the Disciplinary Board of Appeal's referring a matter to the Enlarged Board of Appeal seems doubtful. Such action is unnecessary if the Disciplinary Board's decision is consistent with its case law.

Relevant legal provisions:

Regulation on the European qualifying examination Art005(2) Sent 1
Regulation on the European qualifying examination Art007(1)
REE DV 5.4(1)

Keywords:

Extent of the powers of investigation and decision of the Disciplinary Board of Appeal
Examination Board - drawing up the examination procedure
Discretionary powers
Not bound by EC directives or national law of Member States

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Source: http://www.epo.org/law-practice/case-law-appeals/recent/d890003ep1.html

Date retrieved: 17 May 2021