5.3. Oral submissions by qualified patent lawyers of non-EPC contracting states

Another question of law decided in G 4/95 above was whether, having regard in particular to the provisions of Art. 133 and Art. 134 EPC 1973, a person who was not qualified in accordance with Art. 134 EPC 1973 but was a qualified patent lawyer in a country which was not an EPC contracting state might present some or all of a party's case as if he were qualified under Art. 134 EPC 1973. The Enlarged Board decided that no special criteria applied to the making of oral submissions by qualified patent lawyers of countries which were not contracting states to the EPC. The criteria set out above were equally applicable to such patent lawyers(see T 774/05 with respect to US patent attorney).

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