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)