REPRESENTATION
European qualifying examination
Announcement of the European qualifying examination 2011
I. General
The current Regulation on the European qualifying examination (REE) in force as from 1 January 2009 and the Implementing provisions to the REE (IPREE) in force as from 1 April 2010 (Supplement to OJ EPO 3/2010) are available on the web pages of the European qualifying examination (www.epo.org/eqe).
Candidates are advised that they must use the forms for registration and enrolment (see point II for instructions for completing the application forms). The forms are available on the European qualifying examination (EQE) website. Form 51014 must be used by candidates wishing to register and enrol for 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).
Candidates are also advised that matters concerning the 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.
1. Date of examination
The EQE will be held from 1 to 3 March 2011.
Applications for registration and/or enrolment shall be addressed to:
European Patent Office, Examination Secretariat for the European qualifying examination, 80298 Munich, Germany.
2. First closing date
Candidates previously admitted to the examination but who did not sit the EQE in 2010 and candidates wishing to register and enrol for the first time, may file their application for registration and/or enrolment as from 1 April 2010.
Their complete application (Form 51014 plus enclosures or Form 51015) must be received by the European Patent Office (EPO) no later than 19 July 2010.
3. Second closing date
Candidates who sat the EQE in 2010 and handed in at least one answer paper, may file their application for enrolment as from 10 August 2010.
Their application (Form 51015) must be received by the EPO no later than 20 September 2010.
4. Date of receipt
The EPO date stamp will constitute proof of receipt. Applications which are received after the relevant closing 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 1 March 2011, 9.00 hrs (Munich local time), candidates may withdraw in writing from any of the papers.
If the Examination Secretariat is informed of the withdrawal no later than 20 September 2010, 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.
Paper(s) for which candidates did not withdraw in writing, at the latest on 1 March 2011 (9.00 hrs, Munich local time), shall be considered as having been sat. Candidates will be awarded a FAIL grade with a mark of zero for the paper(s) for which they did not withdraw. This mark and this grade shall replace any mark or grade previously obtained for the paper(s) concerned. The fee increments as defined in Rule 8 IPREE shall apply.
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 forms.
1. Scientific or technical qualifications
Candidates are referred to Article 11(1)(a) REE and Rules 11 to 14 IPREE.
2. Periods of professional activity
2.1 Total period of at least three years up to 28 February 2011 inclusive – Article 11 REE and Rule 15 IPREE:
a) Professional activity
With regard to 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.
With regard to 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 in the frame of a general authorisation or 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)(a) 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.
2.2 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.
2.3 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.
3. 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).
4. Choice of papers and fees
The basic fee amounts to EUR 130.
4.1 Choice of papers
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).
4.2 Mode of payment
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). Candidates are also strongly advised to proceed with the payment of the fees in due course to ensure that it is received at the EPO by the relevant closing date.
5. No instructions
6. No instructions
7. 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.
The date on which applications are received does not influence candidate's allocation to an examination centre. The Examination secretariat tries to use most efficiently the limited capacity of the examination centres while bearing in mind candidates' interest.
8. 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 2010 at the latest.
9. Filing of applications
See point I, 4 above.
10. 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 (Supplement to OJ EPO 3/2010).
The embedded forms within this article are for technical reasons only available in the PDF version of this article.