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

Representation in the procedure before the EPO as receiving Office

Information on the representation of the applicant(s) during the international phase is to be provided in Box No. IV of the PCT request form. Before filling out the box, applicants should carefully read the instructions provided in the Notes to the PCT request form concerning Box No. IV and the information given below (see points 97-114).

Art. 27(7), 49 PCT

R. 90.1 PCT

Art. 133, 134 EPC

WIPO PCT Guide 11.001-11.014

OJ 1994, 538

Two categories of representatives - agents in PCT terminology - have the right to practise before the EPO as receiving Office:

–

any professional representative entered in the directory of professional representatives maintained by the EPO

–

any legal practitioner qualified to practise in patent matters in one of the EPC contracting states and who has his place of business in that state.

Only a person belonging to at least one of these categories may be appointed as agent for an international application filed with the EPO as receiving Office (see points 42-43). The directory of professional representatives can be consulted on the EPO website [ 19 ].

The agent must always be mentioned by name in Box No. IV of the PCT request form, unless he belongs to an association of professional representatives registered as such with the EPO (see points 106 ff). The agent may choose his address as he wishes on condition that it is in an EPC contracting state.

[ 19 ]

www.epo.org/patents/Grant-procedure/representatives

Two or more applicants - common agent and common representative

How to appoint an agent, common agent or common representative

Association of professional representatives

Address for correspondence

Waiver

Appointment of an agent for the European phase with the EPO as receiving Office

Quick Navigation

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