Non-EU national for EPO

[Jack]

Hi all,

I am, a non-EU national, offered a position as a Patent Attorney Trainee in a private law firm in Germany. I have obtained my Ph.D early this year from an University in Germany. I was told by legal department of EPO that

'The President (EPO president) grants automatically exemption to candidates who worked at least 10 years in patent matters in one of the Contracting States. Less then 10 years, special circumstances will be evaluated: being already a national patent attorney  in one of the  Contracting States, have got the university or high school education  in one of the  Contracting States, be married with a citizen of said state and grounded a family there and having the intention to spend a long time of his/her life in such a state, etc.. The President granted exemption for a combination of the above-mentioned circumstances already by 6 and 1/2 years.'

I am very interested in IP law and technology transfer and willing to spend my years in Germany and acquire the title European Patent Attorney (EPA)

So my questions are,

1) It is advisable for a Non-EU national to practice in a EU country?
2) What are the consequences, advantages and disadvantages in doing so?
3) Assuming I pass the European qualifying examinations (EQE) after on the job training for three years, what are my prospects afterward?
4) Am I overlooking something in accepting this offer?

Thanks in advance
Jack

[Hank66]

Thanks for the detailed info from EPO and congratulations for the offer.
This info is pretty much in line what I thought and wrote in other threads but it is interesting to see the detailed requirements (ie living there 10 years and you get the exemption automatically)


As for your questions:

1: I don't think anybody can say whether this (or any other career advice) is advisable or not.
The real challenge is getting admitted as a non EPO-citizen. Since you have already found out the detailed requirements, you can evaluate this yourself. I would say that if you believe that you can get admitted, I can see no reason why it would not be advisable to practice in EPO country.
Of course, the bigger question is that do you like patent work and do you like living in Europe?
(btw: EU and EPO have slightly different countries).
I don't think anybody is going to discriminate you based on your nationality.
So, if you believe you can make it (get the exemption and pass the exam), go for it.

2: Consequence is that you can practice before EPO. I don't think there are any disadvantages (other than the work required to study for the exam and living in Europe:-)
Well, one minor issue is whether you can you get accepted also as a national patent agent/attorney (e.g. in Germany).
Note that this is not necessary. You can be just an EPO attorney dealing with EP filings, but often patent attorneys are also national agents/attorneys. Check this from german (or other local) office.

3: If you pass the exam and get admitted, you have very good career prospects. Your non-EPO citizenship is totally non-issue (after you have managed to get the exemption). If you passed the exam, it means that you understand two languages and you are expert in EPO laws and regulations.

4: See the other thread from yesterday..EQE is really tough test and you need the 3 years of training in Germany.
You probably won't pass it at the first time (I think >80% don't), so don't take it as a personal failure.
I'm sure you are the best person to evaluate whether this offer (wrt salary, working in patent field, possibility of getting the EPO exemption, living in Germany for 3 years) makes sense for you.


Assuming you don't have any other great offers in hand, you believe you can get the exemption, and you like patent work and living in Europe, I would say that go for it.

[MYK]

You haven't mentioned your citizenship.  If you're American, you are able to get your USPTO registration as well, and to practice while overseas.  This would likely be a benefit to your firm, and it would give you an out if for some reason you wanted or needed to leave Germany sooner (family concerns, economic troubles, allergic to lederhosen).

I would tend to think that eventually your EPO experience would make you an attractive candidate for other international patent firms anywhere on the globe.  However, I don't know (and you don't mention) whether you can keep your EPO registration if you move away, or if you change employers within Germany.

It sounds like a fun opportunity!  Best of luck whatever you decide.

[Jack]

Hi Hank66 and MYK,

Thank you very much for your informations!!

I was told by EPO that, as an Indian citizen, I will be able to sit the exam and President 'might' exempt me (considering that I have obtained my Ph.D in Germany and after successful training on the job I would complete 8 and 1/2 years of residence in Germany). I am prepared to take the exams and spend my time in Europe, because I like the patent works and I already have internship experience from a patent law firm in Germany.

To get accepted as a national patent attorney (Germany GPA), I have to take exams, similar to EQE, with German patent office. Either I have to spend time doing both (GPA and EPA) one after another or I will have to settle with EPA alone, this solely depends on my time and efforts. I won't be losing anything (but everything to gain!!!) if I am not a GPA (I was told by the firm hiring me).

Again thank you for your thoughts. Please advice me if I am overlooking something and welcome your additional thoughts on this.