OJ EPO 2017, A88 - Decision of the Supervisory Board amending Rules 2, 22 and 27 of the Implementing Provisions to the Regulation on the European qualifying examination for professional representatives

The Supervisory Board,

Having regard to the Regulation on the European qualifying examination for professional representatives which entered into force on 1 January 2009 (Supplementary publication 2, OJ EPO 2017) and in particular Article 3, paragraph 7, thereof,

has decided as follows:

Article 1

The Implementing Provisions to the Regulation on the European qualifying examination for professional representatives (IPREE) shall be amended as follows:

1. Rule 2 - Examination syllabus - shall read as follows:

"The examination syllabus referred to in Article 13 REE shall cover only those legal texts referred to in Article 13(1)(a) to (c) REE which are in force on
31 October of the year prior to the examination. The EPO case law referred to in Article 13(1)(d) REE shall be that covered in the latest edition of "Case Law of the Boards of Appeal of the European Patent Office" (hereinafter "the Case Law Book"), the case law referred to in any case law special edition of the Official Journal published after the latest edition of the Case Law Book, and any case law published in the Official Journal on or before 31 October of the year prior to the examination."

2. Rule 22(1) - General instructions for answering the papers - shall read as follows:

"(1) Candidates are expected to be familiar with at least the following documents in the versions valid as at 31 October of the year prior to the pre-examination or the examination:

(a) the EPC

(b) the Implementing Regulations to the EPC

(c) the Protocol on the Centralisation of the European Patent System and on its Introduction (Protocol on Centralisation)

(d) the Protocol on Jurisdiction and the Recognition of Decisions in respect of the Right to the Grant of a European Patent (Protocol on Recognition)

(e) the Rules relating to Fees

(f) the notice of the President of the EPO concerning the arrangements for deposit accounts

(g) the PCT

(h) the Regulations under the PCT

(i) the Paris Convention for the Protection of Industrial Property

(j) the list of contracting states to the EPC and of contracting states to the PCT

(k) the Ancillary Regulations to the EPC

(l) the brochure entitled "National law relating to the EPC"

(m) the Guidelines for Examination in the EPO

(n) the content of the Official Journal of the EPO

(o) the Guidelines for Search and Examination at the EPO as PCT Authority."

3. Rule 27 - Composition and number of Examination Committees - shall read as follows:

"(1) The proportion of Examination Committee members from the EPO and from the Institute as specified in Article 7(3) REE may vary, but at least 50% of the members of any Examination Committee shall be from the Institute.

(2) Pursuant to Articles 3(1) and 8 REE, five Examination Committees shall be established for the examination:

(a) Examination Committee I shall be in charge of papers A and B;

(b) Examination Committee II shall be in charge of paper C,

(c) Examination Committee III shall be in charge of paper D,

(d) Examination Committee IV shall be in charge of the pre-examination;

(e) Examination Committee V shall be entrusted with the quality management of the papers. It shall advise the other Examination Committees in this respect.

(3) A member of an Examination Committee can be a member of more than one Examination Committee."

Article 2

Rules 2, 22 and 27 IPREE as amended under Article 1 of this decision shall enter into force with immediate effect.

Done at Munich, 29 September 2017

For the Supervisory Board

The Chairman

Raimund LUTZ