Irish Patent Exams and BREXIT

To become a Registered Irish Patent Attorney/Agent, you must pass the UK FD2, 3 and FD4 exams as well as an exam set on Irish and EU law. Passing the EQE A and B papers is deemed to be equal to passing FD2 and FD3. A list of Registered Patent Agents in Ireland is found here.

With Brexit now removing automatic mutual recognition of professional qualifications, isn’t it time for the Irish Patent Qualifications to be based on the EQEs only, i.e. EQE A, B and C? It would certainly make life easier for a lot of European Patent Attorneys who want to get on the Irish Register. The consequences of BREXIT on UK Patent Attorneys in the EU/Ireland is laid out here (taken from the Irish Patents Office here)

UK Patent Attorneys on the Irish Register.

Section 107(1) of the Patents Act 1992 (as amended) inter alia, entitles any person who resides in the State or an EEA state or has a place of business in the State or in an EEA State to be eligible to be a registered patent agent. However, at the end of the transition period when the UK leaves the EU, persons who do not meet the requirements of Section 107(1) (a) and (b), may cease to be eligible to be registered. 

UK based Patent Attorneys providing patent agent services in Ireland on a cross border basis.

When the UK leaves the EU at the end of the transition period, persons established in the UK and qualified under UK law to act as a patent agent in the UK, and who have notified the Controller in accordance with the Services Directive and Section 106 (3A) of the Patents Act 1992 (as amended) of their intention to carry on the business of a patent agent for others in connection with a patent, or any procedure relating to a patent or the obtaining thereof, will no longer be able to carry out such business on a cross border basis.

Leave a Reply

%d bloggers like this: