Article 36

EUROPEAN PATENT OFFICE

Information from the EPO

Notice from the European Patent Office dated 24 March 2025 concerning a simplified procedure for ex officio deletions from the list of professional representatives

The European Patent Office (EPO) is introducing a new, simplified procedure for ex officio deletions from the list of professional representatives. It accelerates the procedure by several months and will apply as of 1 June 2025, in particular for non-payment of the subscription to the Institute of Professional Representatives before the European Patent Office (epi).

Background

1. A professional representative is deleted from the list of professional representatives if, despite a reminder sent by the epi, they fail to pay the annual subscription to the epi.1 A representative may also be deleted from the list ex officio, in particular if they no longer have the nationality of, or a place of business or employment in, one of the contracting states to the European Patent Convention.2 From the date of deletion, the representative ceases to be entitled to act before the EPO.

Simplified procedure for ex officio deletions from the list of professional representatives

2. Under the new, simplified procedure, the Legal Division3 will send a communication informing the representative of the intended deletion, in accordance with Article 113 EPC, and inviting them to request an appealable decision4 within two months of notification of the communication if they have any objections. If no request for an appealable decision is filed in time, the Legal Division will proceed with the deletion. In the case of non-payment of the subscription, the representative can also prevent the deletion by paying the subscription before the deletion is processed.

3. The new procedure ensures that the representative's right to be heard is respected and harmonises the procedure with that for a noting of loss of rights under Rule 112 EPC, where an appealable decision is issued only on request. It is noted that the epi will continue to remind the representative to pay the subscription before the EPO starts the deletion procedure.