REPRESENTATION
European qualifying examination
Announcement of the European qualifying examination 2007
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 6 to 8 March 2007. 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 (originals or certified copies in accordance with Article 21(2) REE) must be received by the European Patent Office no later than 30 June 2006.
3. Extended closing date
Candidates who sat the 2006 European qualifying examination and handed in at least one answer paper may benefit from an extended closing date: their complete application (Article 21(2) REE) must be received by the European Patent Office no later than 20 October 2006.
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 221 (if they have not previously been admitted to the EQE) or that on page 237 (if they have been admitted to the EQE before). The forms may be copied from the Official Journal or from the EPO website.
Applications may be filed by facsimile reproducing all the documents required by Article 21 REE. In such cases, the originals or certified copies of those documents must be supplied within a non-extendable period of one month. However, candidates previously admitted to the EQE who submit their application by facsimile do not need to supply originals or certified copies.
Where a document transmitted by facsimile is illegible or incomplete, the document will be treated as not having been received to the extent that it is illegible or that the attempted transmission failed.
Candidates are advised to submit their application (enrolment form plus enclosures) as early as possible, by registered letter with advice of delivery.
Candidates may also hand in their application at the EPO post room and have a copy stamped to confirm receipt.
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 20 October 2006 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 representative - Article 10(2)(a)(i) REE
The candidate's training supervisor 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 226 be used. It may be copied from the Official Journal or from the EPO website.
If the signer of the certificate of training or employment is not a professional representative before the EPO and not authorised under Article 133 EPC, he must prove his entitlement to sign by stating his function or position and provide evidence of it (see form, page 226).
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 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 training 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.
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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.
It is entirely the candidate's responsibility to ensure that the fee is paid in due time.
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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 Secretariat.
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.
Candidates should indicate whether, if their choice cannot be met, they would then like to sit the examination in Munich or at another centre, or withdraw their application.
Non-EPO examination centres where the examination has already been held are Berne, Bristol, Dublin, Helsinki, Madrid, Munich (DPMA), Paris, Rome, Stockholm, Taastrup and Vienna.
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11. Acknowledgement of receipt
Receipt of the application for enrolment will be acknowledged by e-mail. Candidates who have not received an acknowledgement by 15 December 2006 should contact the Examination Secretariat. Candidates' invitations to sit the examination will be issued end of January 2007 at the latest.
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