Pages 17-20

Decision of the Examination Board of 19 May 1994 adopting Instructions concerning the qualifications required for enrolment for the European qualifying examination^*

THE EXAMINATION BOARD,

Having regard to Article 134, paragraphs 2(c) and 8(a), of the European Patent Convention and Article 7, paragraph 4, of the Regulation on the European qualifying examination for professional representatives (REE) of 9 December 1993 (OJ EPO 1994, 7),

Having heard the Institute of Professional Representatives,

HAS DECIDED AS FOLLOWS:

Article 1

Candidates requesting enrolment for the European qualifying examination must be able to demonstrate that they possess a university-level scientific or technical qualification as required under Article 10, paragraph 1, REE.

Article 2

A candidate will be considered to have the necessary qualification if he or she shows that he or she possesses a master's degree or a bachelor's degree with honours, a "maîtrise" or equivalent "diplôme de l'enseignement supérieur", a "Hochschuldiplom" or a higher or equivalent-level degree, or any degree corresponding thereto from a university, technical university, technical high school or a similar establishment in one of the following subjects, inter alia:

Biology

Biochemistry

Chemistry

Electronics

Engineering

Pharmacology

Physics

Article 3

A candidate will be considered to possess a level of scientific or technical knowledge equivalent to a university-level qualification as mentioned in Article 2 if he or she has

(a) a degree, diploma or certificate corresponding to, inter alia, a bachelor's degree without honours, a diploma or degree from a vocational college ("Fachhochschule"), a higher technical college or institute, a school of engineering or any similar establishment in the fields of science or technology listed in Article 2, and

(b) at least three years' experience in the patent or another appropriate field in addition to the period of full-time training or work specified in Article 10, paragraph 2(a), REE.

Article 4

If a candidate possesses a degree, a diploma or a certificate showing a qualification corresponding to one of those specified in Article 2 or Article 3(a) combined with another discipline not mentioned, the scientific or technical part must be of a level equivalent to the requirements of the articles mentioned. If, in the case of a qualification from an establishment mentioned in Article 2, the level is not equivalent, the qualification will be considered as a qualification mentioned under Article 3(a). In the case of a qualification as mentioned in Article 3(a) or an equivalent qualification, the requirement of Article 3(b) must also be met.

Article 5

(1) The Secretariat shall maintain lists of educational establishments in the contracting states as mentioned in Article 2 (List A) and Article 3(a) (List B).

(2) Should a candidate possess a degree, diploma or certificate from an educational establishment in a non-contracting state, he or she will have to satisfy the Secretariat that this qualification is equivalent to a qualification as mentioned in Article 2 or 3(a).

Article 6**

If a candidate is not able to substantiate that he or she meets the conditions under Articles 2, 3 or 4, the candidate may nevertheless be considered to possess an equivalent level of scientific or technical knowledge if he or she can establish that he or she has at least 10 years' experience as specified in Article 10, paragraph 2(a), REE.

Article 7

The enrolment form shall be accompanied by a certified copy of the degree or diploma as well as any certificate verifying the training work showing that the candidate meets the requirements of Article 10, paragraph 2, REE.

Article 8

The following are examples of courses not accepted as demonstrating a qualification meeting the requirements of Article 2 and Article 3(a): science courses where science is only a subsidiary subject, school-level courses, one-day conferences, psychology courses, courses in politics or policy studies, inhouse courses offered to company employees, courses in management and business administration, computer courses in data management or for business applications, vocational training courses, radio operator licences, courses taken on a pass/fail basis, auditing courses, home study courses, courses to develop manual, processing or manufacturing skills, courses in the history of science, engineering and technology and courses on the use of computer software. Also not accepted are courses which repeat or which are substantially the same as or equal to courses taken into account under Articles 2 or 3(a).

Article 9

Cases not covered by Articles 2, 3, 4 or 6 will be decided upon by the Examination Board.

Article 10

(1) The Secretariat may grant a reduction of up to one year on the periods of professional activity defined in Article 10, paragraph 2, REE to candidates who have successfully completed advanced specialised studies or training courses in the field of industrial property in any of the contracting states, or who have been examiners with the European Patent Office or one of the national patent offices of the contracting states.

(2)** Candidates who have completed the eight months' training with the German patent authorities and who have been admitted to sit the qualifying examination for German patent agents will be granted a reduction of six months.

(3) Candidates who have completed the one-year period of study with CEIPI in Strasbourg culminating in the "Diplôme d'Etudes Internationales de la Propriété Industrielle" will be granted a reduction of six months.

Article 11

The first enrolments to which this decision shall apply shall be those for the European qualifying examination to be held in 1995.

Done at Munich, 19 May 1994.

For the Examination Board

The Chairman

Norman WALLACE