As a result of Malta’s accession to the European Patent Convention (EPC) on 1 March 2007, those fulfilling the required conditions of the EPC may be entered on the list of professional representatives authorised to act before the European Patent Office

Professional representation of natural or legal persons in proceedings established by the EPC is generally governed by Article 134 EPC and in particular entry on the list of professional representatives by Article 134(2) EPC. This states that any natural person who fulfils the following conditions may be entered on the list of professional representatives:

he must be a national of one of the Contracting States; b) he must have his place of business or employment within the territory of one of the Contracting States; c) he must have passed the European qualifying examination.

The entry on the List of professional representatives in case of the accession of new Contracting States to the EPC is governed by Article 163 EPC.

According to Article 163 EPC national professional representatives, who are resident in a State which has acceded to the Convention may, under the below-mentioned conditions, during a period of one year calculated from the date of entry into force of the accession, be entered on the List of Professional Representatives without having to pass the above mentioned European qualifying examination.

In fact, according to Article 163(1) EPC any natural person who fulfils the following conditions may be entered on the list of professional representatives: a) he must be a national of one of the Contracting States; b) he must have his place of business or employment within the territory of one of the Contracting States; c) he must be entitled to represent natural or legal persons in patent matters before the central industrial property office of the Contracting State in which he has his place of business or employment. Request for entry on the List must be accompanied by a certificate, furnished by the central industrial property office, which must indicate that the conditions laid down in Article 163(1) EPC are fulfilled.

In most of the Contracting States the entitlement to represent natural or legal persons in patent matters is conditional upon the requirement of special professional qualifications, which are officially recognised in accordance with the regulations laid down by the State in question.

In a Contracting State such as Malta, where the above-mentioned entitlement is not conditional upon the requirement of special professional qualifications, persons applying to be entered on the List of professional representatives who act in patent matters before the national patent office of the said State must have habitually so acted for at least five years (Article 163(3) EOC).

The President of the EPO may grant exemption from the requirements of Article 163(1)(a) in special circumstances and of Article 163(3), first sentence, if the person applying to be entered on the list furnishes proof that he has acquired the requisite qualification in another way.

Interested persons may contact the Commerce Division on tel no 2569-0365 or email [email protected].