REPRESENTATION
Examination Board for the European Qualifying Examination
Examination results
In accordance with Article 17(2) REE, the following candidates were successful in the European qualifying examination 2003:
Andrews, Martyn Peter
Mair, Julia
List of references to landmark decisions
THE EXAMINATION SECRETARIAT,
Having regard to Articles 8(d) and 9, paragraph 2(d), of the Regulation on the European qualifying examination for professional representatives (REE) of 9 December 1993 (OJ EPO 1994, 7), and Rule 1 of the REE implementing provisions of 28 April 1998 (OJ EPO 1998, 364),
Hereby publishes the list of references to landmark decisions in EPO case law pursuant to Article 12 REE and applicable to the European qualifying examination 2005;
(a) All decisions mentioned in the Guidelines for Examination in the European Patent Office (version valid as at 31 December 2004);
(b) All decisions mentioned in the EPO publication "Case Law of the Boards of Appeal of the European Patent Office" published in 2002, 4th edition 2001;
(c) All decisions published in the Official Journal of the EPO in 2002, 2003 and 2004 and those mentioned in the special editions on EPO Board of Appeal case law in 2002, 2003 and 2004.
Publication of this list does not imply that candidates will not be tested on additional case law relevant to interpretation of the law referred to in Article 12(a)(i) to (iii) REE.
Announcement of the European qualifying examination 2005
I. General
The current Regulation on the European qualifying examination (REE) is published on the European Patent Office website (http://eqe.european-patent-office.org/).
1. Date of examination
The European qualifying examination (EQE) will be held from 8 to 10 March 2005. The EPO is now accepting applications for enrolment, which should be addressed to: European Patent Office, Examination Secretariat for the European qualifying examination, D-80298 Munich.
2. Closing date for enrolment
Complete applications (Article 21(2) REE) must be received at the European Patent Office no later than 30 July 2004.
3. Extended closing date
For candidates who sat the 2004 European qualifying examination, a later closing date applies: their complete applications (Article 21(2) REE) must be received at the European Patent Office no later than 15 November 2004.
4. Date of receipt
The European Patent Office stamp showing the date of receipt will constitute proof. Applications received after that date or which are incomplete will be refused. Articles 121 and 122 EPC are not applicable.
Candidates are advised that they must use either the form on page 131 (if they have not previously been admitted to the EQE) or that on page 143 (if they have been admitted to the EQE before). The forms may be copied from the Official Journal or from the EPO website. Where an application for enrolment is filed by facsimile, written confirmation reproducing the contents of the facsimile documents must be supplied within a non-extendable period of one month.
Candidates are advised to submit their applications (enrolment form plus enclosures) as early as possible, by registered letter with advice of delivery.
5. Withdrawal of application or transfer to modular system
Candidates may withdraw their application and, as a result, not take part in the examination. Candidates who have already sat the examination at least once can withdraw from some of the papers for which they have enrolled. Candidates enrolled for the first time for all the papers may opt for the modular system at any time up to the start of the examination.
If the Examination Secretariat is informed in writing no later than 15 November 2004 that a candidate is withdrawing or transferring to the modular system, the examination fee will be reimbursed after deduction of an amount equal to 25% of the basic fee. The European Patent Office stamp showing the date of receipt will constitute proof. Again, candidates wishing to withdraw should do so by registered letter with advice of delivery.
II. Instructions for completing the application form
(The numbering below corresponds to the relevant sections of the enrolment form)
1. First-time enrolment: full sitting or modular sitting
First-time candidates may sit the examination in two modules (Article 14(1) REE). The first module consists of papers A and B, the second of papers C and D (Rule 2 of the Implementing provisions to the REE). Candidates applying to sit the second module may choose only one of the following options:
- enrolment for the papers of the second module only, or
- enrolment for the papers of the second module plus re-enrolment for both papers of the first module. Any result previously obtained will then no longer be valid (Article 14 REE).
Candidates may not:
- enrol for the second module and at the same time re-enrol for only one of the papers of the first module, or
- re-enrol for the first module without at the same time enrolling for the second module.
Candidates sitting the examination in two modules must sit the second module within the next three examinations subsequent to the first module.
2. Resits
Candidates may only resit those papers which they have not passed (Article 18 REE). They do not have to resit them all at once, even if they did not pass any of the four papers. However, if a candidate last took the examination before 1993, he must resit the whole examination, unless he was already eligible in 1993 to resit it in part. If the candidate last took the examination in 1993 or had the right to a partial resit in 1993, he may choose between resitting the whole examination or only those papers he did not pass.
3. Qualifications
The requirements as to qualifications remain unchanged (candidates are referred to the Instructions concerning the qualifications required for enrolment for the European qualifying examination, OJ EPO 1994, 599, amended by decisions of the Examination Board of 23 April 1996, OJ EPO 1996, 357, and of 23 September 1998, OJ EPO 1999, 92).
4. Periods of professional activity
4.1 Articles 10(2)(a) and 21(2)(b) REE:
(a) Activities pertaining to European and national patent applications or patents - Article 10(2)(a) and (4) REE
With regard to sub-paragraph (iii), candidates are not required to have acted "before the European Patent Office in accordance with Article 133, paragraph 3, of the European Patent Convention".
(b) Professional representatives - Article 10(2)(a)(i) REE
The candidate's training supervisor(s) must be entered on the list of professional representatives by the date on which the candidate applies for enrolment (Article 21 REE).
(c) Certificate of training or employment - Article 21(2)(b) REE
It is recommended that the form reproduced on page 134 be used. It may be copied from the Official Journal or from the EPO website.
(d) Nature and scope of duties performed by the candidate - Article 21(2)(b) REE
The certificate(s) must indicate the nature and scope of the duties performed by the candidate during the training period. It is in the interest of both the training supervisor and the candidate that from the outset of the three-year training period the candidate should take part in a wide range of relevant activities giving him the opportunity to prepare first applications, replies to examiners' communications, and notices of opposition and appeal.
4.2 Reduction of the period of professional activity - Article 11 REE
Under Article 10 of the Instructions concerning the qualifications required for enrolment for the European qualifying examination (OJ EPO 1994, 599, amended by decisions of the Examination Board of 23 April 1996, OJ EPO 1996, 357, and of 23 September 1998, OJ EPO 1999, 92), the Examination Secretariat will grant a reduction in the period of professional activity to candidates who have successfully completed the following courses of study or training in industrial property:
- the full eight months' training with the German authorities. Reduction granted: six months on presentation of the certificate for admission to the qualifying examination for German patent agents. No reduction granted if the eight months' training has not yet been completed;
- the "Zusatzstudium auf dem Gebiet des gewerblichen Rechtsschutzes" at Humboldt University in Berlin. Reduction granted: six months;
- the "Zusatzstudiengang Wirtschaftsingenieurwesen mit Schwerpunkt gewerblicher Rechtsschutz" at Ilmenau University. Reduction granted: six months;
- the "Diplôme d'études internationales de la propriété industrielle", obtained after completing the one-year period of study with CEIPI in Strasbourg. Reduction granted: six months. No reduction granted if the holder of the diploma followed the "crash" course ("cycle accéléré");
- the "Diplôme d'études supérieures spécialisées en droit de la propriété industrielle" (DESS). Reduction granted: six months;
- the "Master of Science in Management of Intellectual Property" at Queen Mary and Westfield College. Reduction granted: six months;
- the "Nachdiplomstudiengang Geistiges Eigentum" at the Eidgenössische Technische Hochschule Zürich. Reduction granted: six months.
The reduction can be granted only if proof concerning the above courses of study is supplied to the European Patent Office with the enrolment documents before the closing date.
4.3 EPO examiners
Under Article 10(2)(b) REE, candidates who by the date of the examination have performed the duties of examiner at the EPO for at least four years full-time may enrol for the examination even if they have not yet completed a training period within the meaning of Article 10(2)(a) REE. Such candidates must submit a certificate issued by the Personnel Department of the EPO. They will not be declared to have passed the examination until they have fulfilled the requirements of Article 17(1) and (2) REE.
5. No instructions
6. Fees
The basic fee is EUR 405. The application for enrolment is deemed to have been received on the date on which the payment of the fee is considered to have been made. If that date is after the closing date, the application will be refused. Articles 121 and 122 EPC are not applicable. With regard to what constitutes the date to be considered as the date on which payment is made, see Article 8 of the Rules relating to Fees.
7. No instructions
8. No instructions
9. Examination centres
The European qualifying examination will be held at the European Patent Office in Munich, its branch at The Hague (Rijswijk) and its sub-office in Berlin or at a location appointed by the Examination Board.
It may also be held at the central industrial property offices of the European Patent Convention contracting states, or at locations appointed by the heads of these offices, provided the following two conditions are fulfilled: at least ten candidates must be enrolled for a given centre and the head of the central office concerned must be willing to hold the examination at this centre on the above-mentioned date.
In case these conditions cannot be met, candidates asking to sit the examination at a non-EPO centre should indicate whether they would then wish to take it in Munich, The Hague or Berlin, or withdraw from the examination altogether. No alternative venue other than Munich, The Hague or Berlin can be entertained.
Non-EPO examination centres where the examination has already been held are Berne, Helsinki, Madrid, Munich (DPMA), Newport, Paris, Rome, Stockholm, Taastrup and Vienna.
10. Acknowledgement of receipt
Receipt of the application for enrolment will be acknowledged by e-mail. Candidates who have not received an acknowledgement by 31.12.2004 should contact the Examination Secretariat. Candidates' invitations to sit the examination will be issued in February 2005 at the latest.