1. Introduction

Representation of natural or legal persons in proceedings established by the EPC may only be undertaken by professional representatives whose names appear on a list maintained for this purpose by the EPO (Art. 134(1) EPC). Any natural person who is a national of a contracting state, has their place of business or employment in a contracting state and has passed the EQE may be entered on the list (Art. 134(2) EPC; see also Art. 134(3) EPC). Legal practitioners from the contracting states are also entitled to act as representatives, subject to certain conditions (Art. 134(8) EPC), and persons resident or having their principal place of business in a contracting state may authorise an employee to represent them (Art. 133(3) EPC).

Article 134a EPC, introduced under the EPC 2000, incorporates the substance of Art. 134(8) EPC 1973 and anchors in the EPC the existence of the epi, which was set up under the Regulation on the Establishment of an Institute of Professional Representatives before the EPO (OJ 1978, 85; as amended: OJ 1997, 130 and 350, OJ 2002, 429, OJ 2004, 361 and OJ 2007, 12).

All persons on the list of professional representatives must be members of the epi (Art. 134a(2) EPC; Art. 5(1) of the aforementioned Regulation). They are subject to the RDR (Supplementary publication 1, OJ 2024, 145, consolidated version of the text as published in OJ 1978, 91; as amended: OJ 2008, 14; OJ 2018, A57; see also Art. 134a(1)(c) EPC) and to the epi Code of Conduct (OJ 2022, A61).

The first-instance bodies which rule on infringements of the rules of professional conduct are the epi Disciplinary Committee and the EPO Disciplinary Board (Art. 5 RDR; see also Additional Rules of Procedure of the Disciplinary Committee and those of the Disciplinary Board, Supplementary publication 1, OJ EPO 2024, 156 and Supplementary publication 1, OJ EPO 2024, 166, consolidated version of the texts published in OJ 1980, 177 and  183 respectively, with amendments published in OJ 2007, 552). The DBA hears appeals against decisions of both these bodies (Art. 5, 8 RDR; see also RPDBA, Supplementary publication 1, OJ EPO 2024, 70 (consolidated version of the text published in OJ 1980, 188 with amendments published in OJ 2007, 548). DBA decisions on disciplinary matters are reported in this chapter V.C.3. to V.C.5.

For further information on representation before the EPO, see chapter III.V.

The EQE, referred to in Art. 134(2)(c) EPC, is governed in particular by the REE (version in force from 1 January 2025, OJ 2024, A4) and the IPREE (OJ 2024, A25), subject to Art. 27(2) REE and R. 29(2) IPREE (see in this chapter V.C.2.). The DBA hears appeals against decisions of the EQE Examination Board and the Secretariat (Art. 24 REE). DBA decisions in EQE cases are reported in this chapter V.C.2. Appeals decided under earlier provisions of the REE and IPREE are referred to if considered still relevant.