Quick Navigation


Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)

Representation in the international phase
Any attorney, patent agent or other person ("agent") having the right to practise before the national or regional patent office with which the international application was filed is entitled to practise before: 
this receiving Office, 
the IB, 
the competent ISA, 
the competent SISA and 
the competent IPEA. 
An agent so appointed before the receiving Office is referred to as "the agent for the international phase". Applicants are strongly advised to appoint an agent already at the time of filing an international application with the receiving Office (see Annex VIII).
Two or more applicants may choose to appoint either a common agent for the international phase or one of the said applicants who is a national or resident of a PCT contracting state to act as their common representative, who in turn may then appoint an agent.
If no common agent or common representative has been appointed, the applicant first named in the request who is entitled to file an international application with the EPO as receiving Office is considered to be the common representative (see points 100 ff). The "deemed common representative" is not entitled to sign notices of withdrawal on behalf of co-applicants. If a deemed common representative has appointed an agent, the latter will be considered to be the agent of record and may validly perform any act which could be performed by the deemed common representative. If an agent has been appointed by a co-applicant of the deemed common representative, the agent will be entitled to act only on behalf of that co-applicant.
PCT Newsletter 10/2013, 11 
7-8/2014, 11
More information on representation before the EPO is provided in points 96 ff (EPO as RO), points 209 ff (EPO as ISA), points 336 ff (EPO as IPEA) and in points 459 ff (EPO as designated or elected Office).