Representation


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In Europe

Patents

Representation before the European Patent Office (EPO) is reserved for qualified agents duly registered with the European Patent Office, who have passed the relevant qualifying examination. They have the title of “European Patent Attorneys”, “Mandataires Agrées auprès de l’Office Européen des Brevets” or “Europäische Patentanwälte”. Such representation is mandatory for an applicant not domiciled in one of the 38 signatory countries of the European Patent Convention, which are Albania, Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Germany, Denmark, Estonia, Finland, France, Great-Britain, Greece, Hungary, Ireland, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Monaco, the Netherlands, Norway, Poland, Portugal, Romania, San-Marino, Serbia, Slovenia, Slovakia, Spain, Sweden, Switzerland and Turkey (Bosnia-Herzegovina and Montenegro are associate states).

This corresponds to all the members States of the European Union, plus an additional 10 European States outside the Union. EPO is indeed not a body of the European Union, but results from a ad hoc Convention, the Convention of Munich.

Four of our staff members who have representational responsibilities are European Patent Attorneys. The fith one is now qualifying.

You can download the Power of Attorney form required for a European Patent here.

 

Trademarks and Designs

Representation before the Office for Harmonization in the Internal Market (OHIM), a Community agency of the European Union accredited to receive and register trademarks and designs, can be offered only by European Community Attorneys, now covering the following all 27 European Union Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, Great-Britain, Greece, Hungary, Ireland, Italy, Lithuania, Latvia, Luxembourg, Malta, the Netherlands, Poland, Portugal, Rumania, Sweden, Slovenia and Slovakia .. In the longer term Albania, Iceland, Macedonia, Montenegro, Serbia and possibly Turkey will be joining the Union, and Community Trademarks and Designs will immediately extend their effects without special formalities to these countries when they join the Union. Such representation is mandatory for European Union non-residents.

Such accreditation is reserved only for accredited EU citizens who can provide evidence of long national and international experience and who appear in this capacity on a list held by the OHIM.

Our firm is qualified to act as European Community Attorney at the OHIM, both in the area of trade marks and that of designs.

A Community Trademark may claim "seniority" of prior corresponding national Trademark Registrements..

You can download the Power of Attorney form required for an application of a Community Trademark or a Community Design here.

 

Plant Varieties

Representation before the Community Plant Variety Office (CPVO), a Community agency of the European Union, is not subject to any provision for those domiciled in the European Union, but is mandatory for the others.

You can download the Power of Attorney form required for an application of a Community Plant Variety here.

 

 

In France

Representation in France is the preserve of those registered with the National Institute for Industrial Property, who have passed that body’s examination and who have also been qualified by the CEIPI (Centre for International Industrial Property Studies] in Strasbourg. Representation is mandatory for foreign applicants.

Those qualified to represent applicants used to have the title “Conseils en Brevets”, but now have the title of “Conseils en Propriété Industrielle”. This title allows general representation unless supplemented by the designation “patents”, which limits that person’s accreditation to the field of patents only, or the designation “trade mark”, which limits that person’s accreditation to the field of trade marks and designs only.

In order to operate at EPO, French "Conseils en Propriété Industrielle" must be registered as European Patent Attorneys.

Representation for Plant Varieties is not subject to any provision, but is mandatory for non-French residents,

You can download the Power of Attorney form required for an application in France here.

 

In Switzerland

Currently, representation is not subject to any provision except that the name of a representative should not appear on the list of those prohibited from providing representational services at the Swiss Federal Institute of Intellectual Property. Representation is mandatory for non-Swiss residents.

As of the 1st of  July 2011, the title of "Patent Attorney" ("Conseil en Brevets", "Patentanwalt", "Consulente in brevetti") will be reserved to those professionals duly accredited with the Institute, which will keep the list thereof. They will be entitled to represent their Clients before the Federal Patent Court.

In order to operate at EPO, Swiss representatives must be registered as European Patent Attorneys.

Appeals against the decisions of the Institute in trademarks matters are the competence of the Administrative Federal Court where we are entitled to represent our Clients.

You can download the Power of Attorney form required for an application in Switzerland here.

 

 

International Conventions

 

Patents (PCT Applications)

Representation for filing an International Patent Application (PCT) implies that the representative be entitled to act as a qualified Attorney before the Office, whose Applicant or Inventor(s) is a national or a resident.

To date PCT is open to those having nationality or being domiciled in 142 States, among which all countries of importance in terms of development or population, beginning with the European Union as such or its member states individually, Brazil, China, India, Japan, Russia, Switzerland, the United States of America

The only significant absents are Argentina, Indonesia, Iran, Saudi Arabia and Taiwan.

You can download the Power of Attorney form required for a PCT Patent Application here.

 

Trademarks

The International Trademark (Madrid Convention) is no more than the geographical extension of a national Trademark Application or Registration made in a State (the State of origin) by an Applicant having the nationality or residing in that State. The filing of the International Trademark must take place in the Office of said Sate of origin.

Representation for filing an International Trademark implies therefore that the representative be entitled to act as a qualified Attorney before the Office, whose Applicant is a national or a resident.

To date the International route is open to those having nationality or being domiciled in 83 States, among which most of countries of importance in terms of development or population, beginning with the European Union as such or most of its member states individually, the United States of America, Japan, China, Russia, Switzerland

.

The significant absents are countries of Latin America (Including Brazil), Canada, India, Indonesia, New-Zealand, Saudi Arabia Taiwan.

You can download the Power of Attorney form required for filing an International Trademark Application here.

.

Designs

The International Design (The Hague Arrangement) is gathering 57 countries where a protection may be obtained filing once directly with the World Intellectual Property Organization (WIPO) in Geneva

.

To date the International route is open to those having nationality or being domiciled in 57 States, inter alia Switzerland and the European Union or some of its member States.

Among the significant absents one will quote the countries of Latin America (Including Brazil), Australia, Canada, India, Indonesia, New-Zealand, Saudi Arabia, Taiwan, the United States of America.

You can download the Power of Attorney form required for filing an International Trademark Application here.

 

Other Countries

We are present in the other countries through a network of Associates chosen for their skill and professional ethics and whom we know personally. 

 


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MOINAS & SAVOYE S.A.
42, rue Plantamour
1201 Geneva
Switzerland
Tel: +41 22 731 93 50
Fax: +41 22 738 70 56
info@msc-ip.com