How can I request an exemption from the nationality requirement under Article 134(2)(a) EPC for entry on the list of professional representatives?
If you are not a national of one of the EPC contracting states, an exemption from the nationality requirement may be granted on a discretionary basis by Vice-President Directorate-General 5 (VP 5).
In exercising this discretion, VP 5 typically takes account of whether the applicant:
has been employed at a patent law firm or in a patent department (or has been carrying out equivalent tasks in a self-employed capacity) and resided in an EPC contracting state for a period of at least four years, and
has demonstrated a genuine intention to stay there on a permanent basis to practise as a European patent attorney
The exemption request must be submitted as part of the entry request and is not accepted as a standalone request. The simplest way to request entry on the list of professional representatives is via MyEPO (see the FAQ: How can I file my request for entry on the list of professional representatives to the EPO?; see also the short video: MyEPO Nuggets - How to request entry on the list of professional representatives). When submitting your entry request via MyEPO, you must attach the exemption request (we strongly recommend using EPO Form 52310) together with the supporting documents, as specified in the form and its notes.