B5- Representation

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Art. 133 (1) /(4)

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General principles of representation-
Professional

Hint 1

(1) Subject to paragraph 2, no person shall be compelled to be represented by a professional representative in proceedings established by this Convention.

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Art. 133 (2) /4

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General principles of representation

Hint 2

(2) Natural or legal persons not having their residence or principle place of business in a Contracting State shall be represented by a professional representative and act through him in all proceedings established by this Convention, other than filing a European patent application; the Implementing Regulations may permit other exceptions.

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Art. 133 (3) /4

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General principles of representation

Hint 3

(3) Natural or legal persons having their residence or principal place of business in a CS may be represented in proceedings established by this Convention by an employee, who need not be a professional representative but who shall be authorized in accordance with the IR. The IRs may provide whether and under what conditions an employee of a legal person may also represent other legal persons which have their principal place of business in a CS and which have economic connections with the first legal person.

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Art. 133 (4) /4

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General principles of representation

Hint 4

(4) The Implementing Regulations may lay down special provisions concerning the common representation of parties acting in common .

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Art. 134 (1) /8

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Representation before the European Patent Office-
Professional Representatives must be on EPO list of professionals

Hint 5

(1) Representation of natural or legal persons in proceedings established by this Convention may only be undertaken by professional representatives whose names appear on a list maintained for this purpose by the European Patent Office.

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Art. 134 (2) /8

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Representation before the European Patent Office-

Requirements to enter list of professional representatives

Hint 6

(2) Any natural person who
(a) is a national of a CState,
(b) has his place of business or employment in a CState and
(c) has passed the European qualifying examination
may be entered on the list of professional representatives.

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Art. 134 (3) /8

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Representation before the European Patent Office-

Grandfather clause

Hint 7

(3) During a period of one year from the date on which the accession of a State to this Convention takes effect, entry on that list may also be requested by any natural person who
(a) is a national of a CState,
(b) has his place of business or employment in the State having acceded to the Convention and
(c) is entitled to represent natural or legal persons in patent matters before the Centrail IP Office in that state. Where such entitlement is not conditional upon the requirement of special professional qualifications, teh person shall have regularly so acted in that State for at least five years.

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Art. 134 (4) / 8

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Representation before the European Patent Office-

Entry on list on request, w certificates

Hint 8

Entry shall be effected upon request, accompanied by certificates indicating the conditions laid down in paragraph 2 or 3 are fulfilled.

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Art. 134 (5) /8

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Representation before the European Patent Office-

Professional representatives may act in all proceedings in EPC

Hint 9

Persons whose names appear on the list of professional representatives shall be entitled to act in all proceedings established by this Convention

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Art. 134 (6) /8

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Representation before the European Patent Office-

Entitlement of professional representatives to set up business

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For the purpose of acting as a professional representative, any person whose name appears on the list of professional representatives shall be entitled to etablish a place of business in any CState in which proceedings established by this Convention may be conducted, having regard to teh Protocol on Centralisation annexed to this Convention. THe authorities of such State may remove that entitlement in individual cases only in application of legal provisions adopted for the purpose of protecting public security and law and order. Before such action is taken, the President of the EPO shall be consulted.

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Art. 134 (7) /8

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Representation before the European Patent Office-

President may grant exemption to requirement with respect to nationality

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The President of the EPO may grant exemption from :
(a) the requirement of paragraphs 2(a) or 3(a) in special circumstances;
(b) the requirement of paragraph 3(c), second sentence, if the applicant furnishes proof that he has acquired the requisite qualification in another way.

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Art. 134 (8)/8

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Representation before the European Patent Office-

Representation in proceedings by legal practioner

Hint 12

Representation in proceedings established by this Convention may also be undertaken, in the same way as by a professional representative, by any legal practioner qualified in a CState and havinghis place of business in that State, to the extent that he is entitled in that State to act as a professional representative in patent matters. Paragraph 6 shall apply mutatis mutandis.

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Art. 134a (1) /2
Institute of Professional Representatives before EPO

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epi, QE, disciplinary power, confidentiality

Hint 13

The Administrative Council shall be competent to adopt and amend provisions concerning: