Languages & Representation Flashcards

1
Q

What are the 3 types of people which can file a Document in an Admissible non-EPO language (Spanish, Dutch, Portuguese etc.)?

A

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)

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2
Q

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?

A

1) 2M from FD - R6(1) EPC
2) 1M from filing - R6(2) EPC

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3
Q

What are the requirements to be entitled to reduction in filing/exam fee?

A
  1. 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.
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4
Q

What does EPO consider an SME?

A

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.

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5
Q

Can a natural person resident abroad but national of a CS represent himself before EPO?

A

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

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6
Q

What are the allowances for changing Lang of Proceedings (LOP) for written vs oral examination and EPO vs applicant?

A

R3 EPC (written)
EPO –> LOP
Applicant –> any official EPO lang. (except for Amendments)

R4 (oral)

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7
Q

Does a party during OPs (ED or OD) have the right to speak and hear in different languages?

A

No, must be the same language (even if not necessarily the LOP)
T 774/05

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8
Q

Under what conditions will the EPO depart from LOP in OPs and use a different official EPO lang?

A

Upon ‘good’ reason
EPO must inform parties prior to OP
And provide interpretation, if neccessary

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9
Q

Why can A14(4) EPC not be used a legal basis for providing reasons why one can file TPO in any EPO official language?

A

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

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10
Q

What languages are admissible for EPO Notice of Opposition?

A
  1. Any EPO languages - A14(1)
  2. Admissible non-EPO language, providing Opponent satisfies A14(4) requirements and provides a translation.
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11
Q

What is the DL for the A14(4) opponent providing a translation from Admissible non-EPO language to official EPO language?

A

Latest of:
1. End of Opposition period [Mog + 9M - A99(1)]
2. Filing of Notice of Opp + 1M (R6(2) EPC)

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12
Q

Who is entitled to file an EP application?
Is this different for a PCT application?

A

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

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13
Q

What are the 2 separate acts of Representation?

A
  1. Appointment
  2. Authorisation
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14
Q

Who must be Represented in proceedings before EPO?

A

Natural or Legal person having neither residence nor principle place of business in EPC CS

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15
Q

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?

A

All acts leading up to the assignment of a date of filing - A133(2)

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16
Q

Who can provide Representation?

A
  1. An authorised Employee - A133(3)
  2. Professional Representative (EPA) - A134(1)
  3. A legal practitioner - A134(8)
17
Q

Who is always required to provide an Authorisation

A
  1. Representing Employees - A133(3)
  2. Legal Practitioners - R152(1)
  3. EPAs only when a change of Rep happens and the previous Rep has not yet been withdrawn - R152(1)
18
Q

Who is the default Common Representative of a jointly owned app, if no one is named?

A

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)

19
Q

When does an Authorisation cease to have effect?

A

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…