Institut der beim Europäischen Patentamt zugelassenen Vertreter Institute 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 Tangena epi President 12th March 2014European Patent Institute1
Agenda: Introduction epi Unitary Patent Unitary Patent Court 12th March 2014European Patent Institute2
European Patent Institut States with epi members 12th March 2014 European Patent Institute 3
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 412th March 2014European Patent Institute 4
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 EPO NPO epi Unitary patent system European bundle patent National patent Unitary Patent Court National Courts 12th March 2014European Patent Institute5
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 against Christina Baldwin 12th March 2014European Patent Institute6
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 712th March 2014European Patent Institute 7
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: 12th March 2014European Patent Institute8
Number of EU Patent attorneys epi resembles EU; votes depend only slightly on numbers of attorneys 12th March 2014European Patent Institute9
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 Institut10
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 25/08/14European Patent Institut11
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 12th March
EP Organisation: Admin Council, Select CommitteeEP Organisation: Admin Council, Select Committee EP Office: SACEPO, Partnership for Quality, EP Academy, EQEEP Office: SACEPO, Partnership for Quality, EP Academy, EQE WIPOWIPO European CommissionEuropean Commission National organisations patent attorneysNational organisations patent attorneys AIPLA, FICPI, LES, AIPPI, BusEU, UNIONAIPLA, FICPI, LES, AIPPI, BusEU, UNION Outside contacts 12th March 2014European Patent Institute13