Languages & Representation Flashcards
What are the 3 types of people which can file a Document in an Admissible non-EPO language (Spanish, Dutch, Portuguese etc.)?
A14(4)
1. Legal persons with the principle place of business in a CS (having that language)
2. Natural persons resident in CS (having that language)
3. Natural person resident abroad, but national of a CS (having that language)
NB. This list is diff to the list allowing reduction in filing fee R6(3)
What is the DL for filing a translation of:
1) An app filed in “any” language - A14(2) EPC?
2) An app filed in an “admissible” non-EPO language - A14(4) EPC?
1) 2M from FD - R6(1) EPC
2) 1M from filing - R6(2) EPC
What are the requirements to be entitled to reduction in filing/exam fee?
- Type of person must satisfy R6(3) requirements so:
a) A14(4) persons; and
b) if Legal person, then must be an SME or a non-profit org.
What does EPO consider an SME?
R6(5)
1. < 250 employees
2. Annual turnover <50M euro and/or Annual Balance Sheet <43M euro
3. <25% of capital is held by another Co.
Can a natural person resident abroad but national of a CS represent himself before EPO?
A133(2)
No, even though he makes the list for A14(4) [types of people who can file doc in non-EPO lang], person must be represented
What are the allowances for changing Lang of Proceedings (LOP) for written vs oral examination and EPO vs applicant?
R3 EPC (written)
EPO –> LOP
Applicant –> any official EPO lang. (except for Amendments)
R4 (oral)
Does a party during OPs (ED or OD) have the right to speak and hear in different languages?
No, must be the same language (even if not necessarily the LOP)
T 774/05
Under what conditions will the EPO depart from LOP in OPs and use a different official EPO lang?
Upon ‘good’ reason
EPO must inform parties prior to OP
And provide interpretation, if neccessary
Why can A14(4) EPC not be used a legal basis for providing reasons why one can file TPO in any EPO official language?
Because A14(4) EPC relates to documents which have to be filed “within a time limit” and there is no time limit to file TPOs
What languages are admissible for EPO Notice of Opposition?
- Any EPO languages - A14(1)
- Admissible non-EPO language, providing Opponent satisfies A14(4) requirements and provides a translation.
What is the DL for the A14(4) opponent providing a translation from Admissible non-EPO language to official EPO language?
Latest of:
1. End of Opposition period [Mog + 9M - A99(1)]
2. Filing of Notice of Opp + 1M (R6(2) EPC)
Who is entitled to file an EP application?
Is this different for a PCT application?
A58 EPC
Any natural or legal person. Does not need to be:
1. The inventor
2. A specific nationality
A9 PCT
Person must be a national of a PCT MS
What are the 2 separate acts of Representation?
- Appointment
- Authorisation
Who must be Represented in proceedings before EPO?
Natural or Legal person having neither residence nor principle place of business in EPC CS
What acts can a person requiring Reprentation (i.e., Natural or Legal person having neither residence nor principle place of business in EPC CS) still perform?
All acts leading up to the assignment of a date of filing - A133(2)
Who can provide Representation?
- An authorised Employee - A133(3)
- Professional Representative (EPA) - A134(1)
- A legal practitioner - A134(8)
Who is always required to provide an Authorisation
- Representing Employees - A133(3)
- Legal Practitioners - R152(1)
- EPAs only when a change of Rep happens and the previous Rep has not yet been withdrawn - R152(1)
Who is the default Common Representative of a jointly owned app, if no one is named?
The first-named Applicant: Rep(D)
Unless another Applicant is ‘obliged’ to have named a Rep, he will be the Rep(O)
Unless the first-named Applicant already named his Rep, he will be the Rep(1st)
When does an Authorisation cease to have effect?
Authorisations only terminate when this is communicated by the Rep to the EPO - R152(8)
NB. Even if the Authorisor dies, it still does not terminate…
