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The European Patent Convention

 
 
Table of Contents - The European Patent Convention
Convention on the Grant of European Patents (European Patent Convention)
Part VII Common provisions
Chapter III Representation
Article 134 Representation before the European Patent Office
Article 134[143], [144]
Representation before the European Patent Office 
Art. 20, 35, 133, 134a
R. 142, 143, 152-154
(1)
Representation of natural or legal persons in proceedings established by this Convention may only be undertaken by professional representatives whose names appear on a list maintained for this purpose by the European Patent Office. 
(2)
Any natural person who 
(a)
is a national of a Contracting State, 
(b)
has his place of business or employment in a Contracting State and 
(c)[145]
has passed the European qualifying examination 
may be entered on the list of professional representatives. 
(3)
During a period of one year from the date on which the accession of a State to this Convention takes effect, entry on that list may also be requested by any natural person who 
(a)
is a national of a Contracting State, 
(b)
has his place of business or employment in the State having acceded to the Convention and 
(c)
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. 
(4)
Entry shall be effected upon request, accompanied by certificates indicating that the conditions laid down in paragraph 2 or 3 are fulfilled.
(5)
Persons whose names appear on the list of professional representatives shall be entitled to act in all proceedings established by this Convention. 
(6)
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)
The President of the European Patent Office may grant exemption from: 
(a)
the requirement of paragraphs 2(a) or 3(a) in special circumstances;
(b)
the requirement of paragraph 3(c), second sentence, if the applicant furnishes proof that he has acquired the requisite qualification in another way.
(8)
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.
 
[143] Amended by the Act revising the European Patent Convention of 29.11.2000.
[144] See decisions of the Enlarged Board of Appeal G 2/94, G 4/95, G 3/99, G 2/04 (Annex I).
[145] See decision of the Administrative Council of 10.12.2008 CA/D 26/08 amending the Regulation on the European qualifying examination for professional representatives before the European Patent Office (OJ EPO 2009, 9; see also Supplement No. 2 to OJ EPO 3/2010).
References
Art. 20, 35, 133, 134a
R. 142, 143, 152-154
 
Cross-reference list
EPC EPC 1973
Art. 134(3), (4), (7)Art. 163(1), (2), (3), (4), (6)