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

The EPO as receiving Office (and also as ISA, SISA and IPEA) has waived the requirement that for the effective appointment of an agent, common agent or common representative a signed separate power of attorney be submitted to it if the PCT request is not signed by (all) the applicant(s). The waiver does not apply to a legal practitioner referred to in Article 134(8) EPC if that person is not also a professional representative.

The EPO has also waived the requirement that a copy of the general power of attorney be attached to the PCT request or to a separate notice if appointment of a (common) agent is made by reference to a general power of attorney.

However, as a matter of strategy and caution, (common) agents and common representatives are recommended to obtain explicit authorisation from (all) the applicant(s) by way of direct signature of the PCT request or by duly signed powers of attorney. The authorisation of each applicant is required in any case in which a withdrawal of any kind is submitted.

The EPO may require the filing of a separate power of attorney or a copy of a general power of attorney in any case of doubt as to the (common) agent’s or common representative's entitlement to act.