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 juristic person (i.e., a party to the proceedings) needs to be represented in proceedings before the European Patent Office (EPO).
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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.[1] Proceedings include grant proceedings (as applicant), opposition proceedings (as patentee, opponent or intervener pursuant to Article 105 EPC), limitation and revocation proceedings (as patentee), and appeal proceedings (as appellant or respondent).[2]
Representation of persons who must be represented and persons who need not be represented but want to be represented must be by a professional representative, or, in some circumstances, the representation may be by an authorised employee[3] or by a legal practitioner.[4] A legal practitioner representing a party before the EPO must be qualified in an EPC Contracting State, must have his place of business in that State, and must be entitled in that State to act as a professional representative in patent matters.[4] Both authorised employees and legal practitioners "must file a signed authorisation or a reference to a general authorisation already on file".[5] Subject to these rules, a party has the right to be represented in the manner he chose.[6]
Professional representatives bear the title of European patent attorney (EPA). In order to be a European patent attorney, one must:[7]
The European qualifying examination (EQE) is a three-day pen-and-paper examination, comprising four papers:
The European qualifying examination is held each year, usually at the beginning of March,[13] simultaneously in various cities throughout Europe.[14] In 2006 for instance, it was held in Berlin, Berne, Bristol, Dublin, Helsinki, Madrid, Munich, Paris, Rome, Stockholm, Taastrup, The Hague, and Vienna. In 2010, it is expected to be held in Berne, Bristol, Madrid, Munich, Paris, Rome, Stockholm, Taastrup and The Hague.[15] Dictionaries and reference material can be used during the examination "as long as they are in paper form".[15] The use of electronic devices is however not permitted.[15]
The marking of the Paper C of the EQE 2007, including awarding no point when candidates failed to select the "right" starting document[16] (for assessing the inventive step of some claims) and the blanket addition of 10 points to the grade of all C papers, was strongly criticized.[17][18][19]
As of November 2010, there were a little more than 10,000 persons on the list of professional representatives, "just less than 1500" "legal practitioners entitled to represent before the EPO", and "about 300 patent law firms, which are registered as „associations of representatives“ within the meaning of Rule 152(11) EPC".[20]
The "procedure to be followed [with respect to a change of representation] is governed by Rule 152 EPC in combination with the Decision of the President of the European Patent Office dated 12 July 2007 on the filing of authorisations."[21][22] "Rule 152(1) sets out that the President shall determine the cases in which an authorisation shall be filed,"[21] whereas "Rule 152(2) sets out that where a representative fails to file such an authorisation, the EPO shall invite him to do so within a period to be specified."[21] "The Decision of the President ... states that in cases of a change of representation, and where the EPO has not been notified of the termination of the previous representative's authorisation, "the new representative must file, together with the notification of his appointment, an individual authorisation (original and one copy) or a reference to a general authorisation already on file. If he does not, he shall be requested to do so within a period to be specified by the European Patent Office.""[21] The legal consequence of not filing an authorisation when requested to do so is that the procedural steps taken by the new representative are deemed not to have been taken.[23] Authorisations, like priority documents, cannot be validly filed by facsimile.[24] An original version of the authorisation has to be filed.[22]
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