European patent attorneys are certified by the European Patent Office (EPO) and play a crucial role in representing their clients before the EPO. They act as intermediaries between applicants and the EPO, providing specialised expertise in drafting, examining, and managing European patents.
European patent attorneys are qualified professionals, typically holding a degree in intellectual property law and are authorised to represent their clients before the EPO. Because of this qualification, unlike other parties, their authority is presumed, and they therefore do not need to file any other documents proving their right of representation, except in special cases.
As part of their representative duties, they are responsible for advising clients on issues related to the protection of inventions, drafting patent applications in accordance with EPO requirements, and presenting and defending them in various European procedures, particularly during the examination process.
In addition, the European representative handles communication between clients and the EPO, responding to the Office’s requirements, submitting the necessary documents, and facilitating the process of obtaining and maintaining patents. They may also intervene in opposition or appeal proceedings in the event of a challenge to the validity or scope of a European patent.
The expertise of the European patent attorney extends beyond the patent acquisition phase to include post-grant management, particularly in the context of foreign validation procedures and maintaining European patents in designated countries. They help clients understand the practical implications, legal obligations, and deadlines to be met to maintain and optimise their industrial property rights in each country covered.
The same applies in trademark and design matters where European representatives are needed to assist clients in proceedings before the EUIPO.