Unlocking Possibilities: European Patent Attorney Insights

European patent Attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing patent applications and oppositions to granted patents.

Role of European Patent Attorney

A study analyzing patent examination decisions at major patent offices shows that patent attorney firms play a crucial role in the prosecution process, especially in less codified and rapidly changing technology areas such as ICT.

The term “patent attorney” is used differently in different countries and thus may or may not require the same legal qualifications as a general legal practitioner. The titles patent agent and patent lawyer are also used in some jurisdictions. In some jurisdictions, the terms are interchangeable; in others, the latter is used only if the person is qualified as a lawyer.

Education and qualifications


In Europe, requirements for practicing as a patent attorney before national patent offices should be distinguished from those needed for practicing before the European Patent Office (EPO) or the Eurasian Patent Office (EAPO). On the national level, the requirements are not harmonized.


Registration as a patent attorney in Australia and New Zealand is administered by the Trans-Tasman IP Attorneys Board (the Board).

To apply to become a Trans-Tasman patent attorney, one must:

pass the nine topics set out in Schedule 5 to the Patent Regulations 1991.

Hold a suitable tertiary educational qualification in a field of technology that contains potentially patentable subject matter.

Be a resident of Australia or New Zealand and have been employed in a position or positions, for at least 2 continuous years or a total of 2 years within 5 continuous years, that provide the applicant experience in the following skills:

European Patent Attorney

searching patent records;

preparation for filing and prosecution of patent applications in Australia and with other countries; drafting of patent specifications; and provision of advice on interpretation, infringement, and validity.

Be of good fame, integrity, or character, and not have been convicted within the past five years of offenses against Patents, Trademarks, and Designs legislation.[3]Until the late 1990s, topics were mainly taught and examined by members of the patent attorney profession under the oversight of the PSB, but this process has now been brought into the university system within Australia.

Once registered, a Patent and Trademark Attorney may be elected as a Fellow of the Institute of Patent and Trade Mark Attorneys of Australia.

10 Pros and Cons of Hiring a Workers’ Comp Attorney


To become a registered patent agent in Canada one must complete a series of four qualifying exams over four days. As of May 1, 2014, a patent agent trainee can sit the exams if the trainee is a resident of Canada and has worked in Canada in the area of Canadian patent law and practice, including the preparation and prosecution of applications, for at least 24 months.

Up to 12 months of practical experience will also be recognized for those entitled to practice before the patent office of another country. One may also qualify to sit for the exams if the individual is a resident of Canada and has been employed for at least 24 months on the examining staff at the Canadian patent office.

Each of the four exams (also referred to individually as papers A, B, C, and D) is four hours in length. Paper A relates to the drafting of a patent application. Paper B relates to the validity of a patent. Paper C relates to the preparation of a response to an Official Action.

Paper D relates to the infringement of a patent. Unlike the US system, the Canadian examination format is paper-based with a variety of essay-type and short-answer questions and is offered at least once a year, typically in April. Results are typically known within 5 months.

With a first-time passing rate near 1% and an overall passing rate of 7% in 2012 and trending downwards, the exam is notoriously challenging and most applicants attempt the exam over several years. To pass, candidates must score a minimum of 50 out of 100 on each paper, with a minimum aggregate mark of 240 on all four papers.

Recent amendments to the pass requirements enable candidates to carry forward marks for a paper (if greater than 60 out of 100) if the minimum aggregate mark is not achieved or if the candidate failed one of the papers.IPIC (Intellectual Property Institute of Canada) holds review courses each summer and fall.

The summer course tends to be more general in scope than the fall course, where drafting practice examinations is emphasized.

When is it Too Late to Dismiss Your Attorney?

European Patent Organisation

The task of the European Patent Office (EPO), the main organ of the European Patent Organisation, is to grant European patents (and also to hear and determine third-party challenges to the validity of European patents, in opposition proceedings).

The EPO exists under the European Patent Convention (EPC) and is not legally bound to the European Union. To legally represent clients (generally patent applicants, proprietors, and opponents) before the EPO, a patent attorney must first be registered to act in that capacity as a professional representative.

To be registered, an individual must qualify as a European patent attorney and, to that end, must pass a written examination, the European Qualifying Examination (EQE).

The EQE consists of four papers sat over three days, each day lasting between 5 hours and six and a half hours. Those who enroll for the examination must have an engineering or scientific degree (though long experience in a scientific domain can be sufficient under certain limited conditions), and the candidate must also have practiced under supervision for at least two years in the domain of national or European patent law.

United States

In the United States, a practitioner may either be a patent attorney or a patent agent. Both patent attorneys and patent agents have the same license to practice and represent clients before the United States Patent and Trademark Office (USPTO).

Both patent agents and patent attorneys may prepare, file, and prosecute patent applications. Patent agents and patent attorneys may also provide patentability opinions, as noted by the U.S. Supreme Court in Sperry v. Florida.

In the time since the USPTO issued the first patent in 1790, approximately 73,000 citizens have passed the USPTO registration examination, allowing them to register to prosecute patent applications.

This total does not include current patent examiners, who are not allowed to serve as patent attorneys or agents and thus do not appear on the list of enrolled practitioners.

Today, roughly 45,000 people are on the list of registered patent attorneys and agents, with slightly less than 34,000 of them also licensed to practice law.[45] Of the states, California has the most patent attorneys (and agents), followed by New York and Texas.

Per capita, Delaware has more patent attorneys (and agents) than any state (not including DC).

Both Patent Attorneys and Patent Agents are generally required to have a technical degree (such as engineering, chemistry, or physics) and must take and pass the USPTO registration examination.

Americredit Income Calculator

Officially titled Examination for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office, and commonly referred to as the Patent Bar.

European Patent Attorney

European patent applications

ProsecutionPatenthuis handles the entire grant procedure for you. We keep you informed of any progress and will always consult you when you need to make a decision. The substantive part of the procedure normally involves one to three replies to remarks from the examiner. Usually, this takes between one and three years. Of course, we monitor the other procedural aspects closely as well.

This concerns deadlines, renewal fees, etc. Our services include the following: We keep you informed throughout the entire patent procedure

Replying to objections from the examiner (this often takes place over several years)We ensure payment of fees and keep an eye on meeting all deadlines

EPO will only grant a European patent if the examiner agrees that all legal conditions for the grant are met.

This includes the novelty of the claims and the presence of an inventive step. The course of the procedure differs between patent applications, as do the total costs. Normally the procedure after the novelty search takes 18 to 60 months and costs 8000 to 12000€.

Why is Europe Parent Attorney important?

UK Patent Group provides patent prosecution services under the European Patent Convention (EPC) which covers 38 contracting states in Europe, and in addition handles patent proceedings at the UK Intellectual Property Office (UK IPO).

The group includes a team of Chartered Patent Attorneys, European patent attorneys, and Solicitors specializing in European patent law.

The group members span the entire gamut of technical fields:

Physics, Electrical Engineering, Software, Pharmaceutical, and Chemistry.

In addition to drafting and prosecuting patent applications in grant procedures before the European Patent Office (EPO), we handle post-grant patent oppositions and third-party observations.
In the UK we also handle patent revocation actions and other contentious proceedings of the UK IPO.

We further draft non-infringement and invalidity opinions focused on the European patent law framework.

The UK Patent Group works closely with the US and the Israeli Patent Groups providing early-stage advice for interested clients seeking patent protection in Europe.

Professional Negligence Lawyers: Protecting Your Rights

You have to have your place of business or employment in one of the EPC Contracting States. In other words, you cannot become a European patent attorney if you are working, for example, in the US or Japan even though you are a citizen of an EPC Contracting State.

A second requirement is to pass the European Qualification Examination (EQE). The examination comprises a Pre-Examination, which must be passed before sitting the four main examination papers (which can be taken individually or together).

To sit the EQE, you must have a technical degree with a substantive portion of the subject devoted to technical matters.

Degrees from certain studies, even though listed with an engineering title or equivalent, may not suffice. Another prerequisite for sitting the first part of the EQE is having at least two years of training supervised by a European patent attorney.

After passing the EQE exam, you must request to be registered as a European patent attorney.

From then onwards, you will have to pay an annual subscription fee to maintain your right to practice.


1. What is the salary?

€58 to €93T per year

2. What is education?

It is mentioned in the above blog.

3. How do I become a European Patent Attorney?

Qualifying as a European patent attorney requires three years of training under a qualified professional. After training, you complete the European Qualifying Examination. On passing this exam, you can register with the Institute of Professional Representatives before the European Patent Office (EPI).

4. How long does it take to get a European patent?

About three to four years for a typical European patent application and the entire process from applying for it being granted will usually take about three to four years. During this time, it is also necessary to pay yearly “renewal” fees to the EPO to keep your application pending.

Leave a Reply

Your email address will not be published. Required fields are marked *