Institut der beim Europäischen Patentamt zugelassenen VertreterInstitute of Professional Representatives before the European Patent Office

Institut des mandataires agréés près l'Office européen des brevets

Visit of AIPLA delegation

March 2014

Tony Tangenaepi President

12th March 2014 European Patent Institute 1

Agenda:

• Introduction epi• Unitary Patent• Unitary Patent Court

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European Patent Institut

States with epi members12th March 2014

European Patent Institute3

• EPC larger than European Union: 38 versus 27 countriesEPC larger than European Union: 38 versus 27 countries– Includes NO, TR, IS, CH

• In future different legal systems in / out European UnionIn future different legal systems in / out European Union– Unitary patent for 25 countries of EC

– Unitary Patent Court for 25 countries of EC

European patent Convention

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Role of players needs to be defined:• EPO as central high quality granting organization• NPO as first entry from countries to patent system:

information to public, universities, SMEs• epi as first rate advisor for companies and inventors how

to make money from innovations

Future EU patent System

• Unitary patent system• European bundle patent• National patent• Unitary Patent Court• National Courts

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• Different focus from different countries– Economic situation differs greatly

– Keep national systems intact versus focus on Europe

– Advisor of companies versus formal actions (original patent drafting versus translations)

Challenges epi patent attorneys

To work in the world lovingly means that we are defining what we will be

for,rather than reacting to what we are

againstChristina Baldwin

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• 25%: ‘Grandfathers’ or ‘grandmothers’: no examination or test, qualification automatically granted when country accedes European Patent Convention

• 75%: EQE qualified: qualified through the European Qualification Examination:

• >11,000 European Patent Attorneys– they are obliged to be member of epi

Two types of patent attorney

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EQE: • Technical degree at least Bachelor• Pre-exam:

– After 2 years

– Multiple choice

– Passing rate ~100%

• EQE:– After 3 years and pre-exam

– 4 exams: drafting, reply, opposition, legal

– passing rate 40-50%

European Qualification Examination:

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Number of EU Patent attorneys

epi resembles EU; votes depend only slightly on numbers of attorneys

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• Population of patent attorneys differs largely over Europe– Many countries have few well-trained patent attorneys– Cooperation support programme

• In many countries amount of work per attorney is small

What will the new unitary patent and the patent court bring?- More work to those who already have work?- A new chance for all who are willing train and get

experience in the new system?

Challenges

European Patent Institut 10

Structure:• Council:

– 2-6 members per country

– Responsibilities: general policy, elections, by-laws, financials, disciplinary matters, management / control

– meets 2 times per year, once in Munich

• Board: – 1 member per country, 2 for UK, DE, FR

– Responsibilities: all other powers, meeting committees, delegated powers

– meets 2 times per year in one of 38 countries

Facts epi

11. April 2023 European Patent Institut 11

Structure:• Presidium: President (NL), 2 VP (DE, RO), 1 Treasurer

(BE), 1 Secretary-general (PT), deputy SG (CH), deputy treasurer (CZ)

• (Sub)Committees: 14 (40) with from 4 – 65 members• Secretariat: 10 persons in Munich, incl. 1 Legal Advisor

All functions except secretariat unpaid volunteers

• Annual subscription: 160euros• Headquarters: Munich

Facts epi

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• EP Organisation: Admin Council, Select CommitteeEP Organisation: Admin Council, Select Committee• EP Office: SACEPO, Partnership for Quality, EP Academy, EP Office: SACEPO, Partnership for Quality, EP Academy,

EQEEQE• WIPOWIPO• European CommissionEuropean Commission• National organisations patent attorneysNational organisations patent attorneys• AIPLA, FICPI, LES, AIPPI, BusEU, UNIONAIPLA, FICPI, LES, AIPPI, BusEU, UNION

Outside contacts

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