III. Rules common to all proceedings before the EPO
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V. Representation

Overview

V. Representation

You are viewing the 9th edition (2019) of this publication; for the 10th edition (2022) see here

1.Overview

2.Professional representatives

2.1.List of professional representatives (Article 134(1) EPC)
2.2.Duty of persons without residence nor place of business within a contracting state to be represented by a professional representative
2.3.Professional representatives during the transitional period
2.4.Procedural steps performed by a person other than the professional representative
2.5.Submissions by a professional representative after transfer of opponent status

3.Legal practitioners entitled to act as professional representative

3.1.General issues
3.2.Register of legal practitioners
3.3.Qualifying conditions according to Article 134(8) EPC

4.Authorisations for appointment of a representative

4.1.Filing of the authorisation
4.2.General authorisations
4.3.Sub-authorisations
4.4.Authorisation of an association of representatives
4.5.Termination of authorisation

5.Oral submissions by an accompanying person

5.1.Enlarged Board's landmark decision G 4/95
5.2.Application of the case law established by the Enlarged Board
5.2.1Introduction
5.2.2Trainee patent attorneys
5.2.3Distinction between party to proceedings and accompanying person
5.2.4Inventor as accompanying person
5.2.5Name, qualifications and subject-matter to be specified
5.2.6Oral submissions to be requested sufficiently in advance
5.2.7Exceptional circumstances
5.2.8Professional representative's responsibility
5.2.9Procedural objection under R. 106 EPC
5.3.Oral submissions by former members of the boards of appeal
5.4.Oral submissions by qualified patent lawyers of non-EPC contracting states
New decisions
T 2058/18

It is the responsibility of the representative to consult with its client (appellant) when presenting arguments about essential distinguishing features of the invention over the closest prior art. It is however the ultimate responsibility of the appellant to file amendments. Generally, these distinguishing features, presented as essential ones, could not anymore be considered as being obvious errors afterwards (Reasons, 3.5.6).

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