REPRESENTATION
European qualifying examination
Announcement of the European qualifying examination 2010
I. General
The current Regulation on the European qualifying examination (REE) in force as from 1 January 2009 (CA/D 26/08 OJ EPO 2009, 9) and the Implementing provisions to the REE (IPREE) in force as from 1 April 2009 are available on the web pages of the European qualifying examination (www.epo.org/eqe).
Candidates are advised that matters concerning the European qualifying examination (EQE) are of a personal nature: applications for registration and enrolment, and payment of the prescribed fees, should not be left to third parties. It is the candidate's responsibility to ensure that his application, including payment details, is received in due time.
Candidates are also advised that they must use the forms for registration and enrolment (see point II for instructions for completing the application forms). The forms may be copied from the EQE website. Form 51014 must be used by candidates wishing to register and enrol to the examination for the first time. Form 51015 must be used by those already admitted in previous years (irrespective of whether they sat the examination or withdrew their application).
1. Date of examination
The EQE will be held from 2 to 4 March 2010. The Examination Secretariat is accepting applications for registration and enrolment as from 1 April 2009. They shall be addressed to: European Patent Office, Examination Secretariat for the European qualifying examination, 80298 Munich, Germany.
2. Closing date for registration and enrolment
Complete applications (form 51014 plus enclosures or form 51015) must be received by the European Patent Office (EPO) no later than 17 July 2009.
3. Extended closing date
Candidates who sat the 2009 European qualifying examination and handed in at least one answer paper may benefit from an extended closing date: their complete application (form 51015) must be received by the EPO no later than 18 September 2009.
4. Date of receipt
The EPO date stamp will constitute proof of receipt. Applications which are received after that date or are incomplete will be refused. Articles 121 and 122 EPC do not apply.
Applications may be filed by facsimile reproducing all the documents required by Rule 1 IPREE. In such cases, the originals or certified copies must be supplied within a non-extendable period of one month from the date of the facsimile. Failure to provide the originals or certified copies within the one-month period may result in the application being refused. 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 facsimile shall be deemed not to have been received.
Candidates are advised to submit their application (form 51014 plus enclosures or form 51015) as early as possible. It is strongly recommended that applications posted to the EPO should be sent by registered mail with advice of delivery.
Candidates may also hand in their application at one of the EPO post rooms (in Munich, The Hague or Berlin) and bring their own copy to be stamped to confirm receipt. The EPO date stamp will constitute proof of receipt.
5. Signature
Correspondence with the Examination Secretariat must be signed personally by the candidate. If a letter or facsimile is not signed, it may be deemed not to have been received. Candidates are again advised that matters concerning the EQE are of a personal nature.
6. Withdrawal
At any time up to 2 March 2010, 9h00 (Munich local time), candidates may withdraw in writing from any of the papers for which they have been enrolled.
If the Examination Secretariat is informed of the withdrawal no later than 18 September 2009, the examination fees paid for sitting the respective paper(s) will be refunded. However, the fees for registration and enrolment are not refundable.
Candidates wishing to withdraw are advised to do so by registered mail with advice of delivery or by facsimile. Candidates may also withdraw by e-mail, but candidates' attention is drawn to the Notice dated 12 September 2000 concerning correspondence with the Office via e-mail, OJ EPO 2000, 458.
II. Instructions for completing the application forms
Form 51014 must be used only by candidates wishing to register and enrol for the first time.
Form 51015 must be used only by candidates previously admitted to the EQE (irrespective of whether they sat the examination or withdrew their application).
The numbering below corresponds to the relevant sections of both enrolment forms.
1. Sitting and Re-sitting
Candidates shall indicate which paper(s) they intend to sit (Article 15 REE).
Candidates may only re-sit paper(s) which they have not passed (Article 16(1) REE). If a candidate re-sits a paper any marks and grade previously obtained for this paper shall no longer be valid (Rule 6(3) IPREE).
2. Scientific or technical qualifications
Candidates are referred to Article 11(1)(a) REE and Rules 11 to 14 IPREE.
3. Periods of professional activity
3.1 Total period of at least three years up to 1 March 2010 - Article 11 REE and Rule 15 IPREE:
a) Professional activity
For the purposes of Article 11(2)(a)(i) REE, the candidate's training supervisor must be entered on the list of professional representatives before the EPO (Article 134 EPC) during the complete period of training of the candidate.
For the purposes of Article 11(2)(a)(ii) REE, the certificate of employment alone does not fulfil the requirements. The candidate must throughout the period of professional activity have held an authorisation or authorisations and acted before the EPO in accordance with Article 133(3) EPC. Proof of this must be provided in respect of a wide range of activities pertaining to European patent applications or European patents. The Examination Secretariat will be satisfied if the candidate can prove that, over the relevant period of time, he has actively represented his employer before the EPO in a number of proceedings relating to the range of activities mentioned above. These activities must have been carried out under the terms of a general authorisation or a single authorisation (Article 133(3) EPC) granted by his employer. Article 11(2)(a)(ii) REE does not apply if the representation in question was undertaken to a large extent by a professional representative before the EPO (Article 134 EPC).
The eight months' training with the German patent authorities does not constitute a period of professional activity as defined in Article 11(2) REE.
b) Minimum duration of the professional activity
Only professional activity over a minimum period of three months with at least 50% part-time involvement shall be considered for the purposes of Article 11(3) REE.
3.2 Remission of the period of professional activity - Article 11(5) REE and Rule 16 IPREE
Provided that the requirements of Rule 16 IPREE are fulfilled, the Examination Secretariat may grant a reduction of up to one year in the period of professional activity. The reduction can be granted only if adequate evidence is supplied to the Examination Secretariat together with the application before the closing date.
3.3 EPO examiners
Under Article 11(2)(b) REE, candidates who by the date of the examination have performed the duties of patent examiner at the EPO for at least four years full-time may enrol for the examination. They must submit a certificate issued by the personnel department of the EPO.
These candidates will not be declared to have passed the examination until they have fulfilled the requirements of Article 14(2) REE.
4. Supporting evidence
All necessary evidence must be filed together with the forms. Otherwise, the enrolment procedure may be delayed and/or the application refused.
Official certification means certification by a competent national authority in a contracting state to the European Patent Convention, by a professional representative before the EPO (Article 134 EPC) or by the EPO Munich (only by prior arrangement with the Examination Secretariat – Tel. +49 (0)89 2399-5155).
5. Fees
The basic fee amounts to EUR 120.
The application for registration and/or enrolment is deemed to have been received on the date on which the payment of the prescribed fees is considered to have been made. If this date is after the closing date, the application will be refused. Articles 121 and 122 EPC do not apply. With regard to what constitutes the date to be considered as the date of payment, see Article 7 of the Rules relating to Fees.
It is entirely the candidate's responsibility to ensure that the fees are paid in due time. Candidates are strongly advised against leaving the payment to third parties (e.g. internal finance department of their company).
6. No instructions
7. No instructions
8. Examination centres
The EQE will be held at the EPO's sites in Munich, The Hague and Berlin as well as other locations appointed by the Examination Secretariat.
Candidates shall bear in mind that the capacity of the centres is limited and that they will not necessarily be allowed to take the examination at their preferred centre. Candidates should therefore indicate whether they would be prepared to sit the examination at another centre specified by the Examination Secretariat or would rather withdraw their application.
9. No instructions
10. Acknowledgement of receipt
Receipt of the application for registration and/or enrolment for the examination will be acknowledged by e-mail to the e-mail address specified by candidates in their enrolment form. Candidates who have not received such acknowledgement one month after sending their application should contact the Examination Secretariat.
Letters of admission will be dispatched at the end of December 2009 at the latest.
11. Filing of applications
See point I, 4 above.
12. Declaration
Candidates shall bear in mind that incomplete, late or unsigned applications, failure to submit originals or certified copies whenever required, documents filled incorrectly or incompletely or failure to pay the prescribed fees in due time may lead to refusal of the application.
Candidates should be familiar with the REE and the IPREE.
The embedded forms within this article are for technical reasons only available in the PDF version of this article.