Report of the Professional Conduct Committee
Summary of Activities
An important topic for the Professional Conduct Committee (PCC) for some time has been the discussion of a proposed reform of the disciplinary system. For this reason, an update on the status of the reform project is provided below. In this context, the PCC is currently finalising its work on aligning the epi Code of Conduct with the proposed new Regulation on Discipline for Professional Representatives (RDR).
The PCC Working Group “Use of AI,” which developed the epi Guidelines on the Use of AI, has supported establishing a similar working group at Council level to foster dialogue and cooperation among committees active in AI-related matters. A joint proposal by PCC and the Chair of the Online Communications Committee (OCC) to establish a restructured working group was submitted to and approved by Council.
Further ongoing activities within PCC Working Groups and Chambers include providing opinions in response to members’ enquiries regarding the permissibility of certain actions under the Code of Conduct, maintaining a database of anonymized PCC opinions, and preparing webinars and podcasts on conduct-related matters in cooperation with the Professional Education Committee (PEC).
Status of Disciplinary System Reform
As previously reported, epi has been working intensively on reforming the disciplinary system for professional representatives, with the aim of shortening proceedings, increasing transparency, and ensuring quality. The initiative gained momentum in 2025 with the establishment of a joint working group comprising epi, the EPO, and the Boards of Appeal to develop a proposal for revising the Regulation on Discipline for Professional Representatives (RDR).
At an extraordinary epi Council meeting (C101) at the beginning of 2026, and following intensive discussions, epi Council agreed on a proposal for a revised RDR. A key change is the abolition of the split first-instance system. Currently, first instance is divided between the epi Disciplinary Committee (DC) and the Disciplinary Board (DB) of the EPO, which handles more serious cases. To streamline the process, the proposal introduces a unified first-instance body, the “Disciplinary Board of the Institute of Professional Representatives before the European Patent Office” (DB‑epi), the name reflecting its role as an epi body with the powers of the former EPO Disciplinary Board.
At the same meeting (C101), epi Council approved Additional Rules for Elections to the DB-epi, developed by the epi Working Group on the Disciplinary System (chaired by Giorgio Checcacci), with a focus on ethical standards and qualifications of members of the new DB-epi. Under the new rules, the composition of the DB-epi will no longer follow the principle that the body consists of one member per member state as is the case for the current DC. Instead, the number of members will be adapted to the expected caseload, aiming to ensure that each member handles approximately one case per year Currently, the principle of one member per member state results in 39 members of the Disciplinary Committee. However, the caseload is low, averaging four cases per year over the past decade. As a result, members have had limited opportunity to gain sufficient experience in disciplinary matters during a three-year term..
In this context it was interesting to learn that the one-member-per-member-state principle was adopted by Council as a purely transitional measure at a Council meeting in 2005 (C58), pending the finalization of new Disciplinary Regulations. Bringing these new Regulations to completion has now taken over 20 years but is expected to conclude in 2027 with their adoption by the Administrative Council of the European Patent Organisation.
epi, for its part, appears more than ready for the reform!
Working Group on Use of AI
The PCC Working Group “Use of AI,” chaired by Tim Powell, discussed the establishment of a similar Working Group at Council level. This would enable contributions from different stakeholders within epi and allow epi to speak with one strong voice on AI-related matters.
The objectives of the restructured working group were developed in cooperation with the Chair of the Online Communication Committee (OCC), John Gray. A joint proposal to establish a restructured WG was adopted by Council at its meeting in May 2026, and the working group will be formally established following the validation of the committee elections in November 2026. Further details on the new working group can be found in a separate article in this edition https://information.patentepi.org/issue-2-2026/ai-wg-updates.html.
