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European Patent Convention (EPC 1973)

 
 
A revised version of the European Patent Convention entered into force on 13 December 2007. The provisions of the revised Convention apply unless the transitional provisions provide for the applicability of the EPC 1973.

Article 133 92

General principles of representation

Art. 91, 134, 144
R. 26, 55, 78, 90, 92, 100, 101



(1)93 Subject to the provisions of paragraph 2, no person shall be compelled to be represented by a professional representative in proceedings established by this Convention.


(2) Natural or legal persons not having either a residence or their principal place of business within the territory of one of the Contracting States must be represented by a professional representative and act through him in all proceedings established by this Convention, other than in filing the European patent application; the Implementing Regulations may permit other exceptions.


(3) Natural or legal persons having their residence or principal place of business within the territory of one of the Contracting States may be represented in proceedings established by this Convention by an employee, who need not be a professional representative but who must be authorised in accordance with the Implementing Regulations. The Implementing Regulations may provide whether and under what conditions an employee of such a legal person may also represent other legal persons which have their principal place of business within the territory of one of the Contracting States and which have economic connections with the first legal person.


(4) The Implementing Regulations may prescribe special provisions concerning the common representation of parties acting in common.



92 See decisions of the Enlarged Board of Appeal G 2/94, G 4/95, G 3/99 (Annex I).

93 See Legal advice No. 6/91 rev. (Annex II).

Cross-reference list
Art. 133 Art. 133