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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.

Rule 101

Authorisations

Art. 134, 163



(1)140 Representatives acting before the European Patent Office shall upon request file a signed authorisation within a period to be specified by the European Patent Office. The President of the European Patent Office shall determine the cases where an authorisation is to be filed.141 The authorisation may cover one or more European patent applications or European patents and shall be filed in the corresponding number of copies. Where the requirements of Article 133, paragraph 2, have not been satisfied, the same period shall be specified for the notification of the appointment of a representative and for the filing of the authorisation.


(2) A general authorisation enabling a representative to act in respect of all the patent transactions of the party making the authorisation may be filed. A single copy shall be sufficient.


(3) The President of the European Patent Office may determine and publish in the Official Journal of the European Patent Office the form and content of:


(a) an authorisation in so far as it relates to the representation of persons as defined in Article 133, paragraph 2;


(b) a general authorisation.


(4)142 If the authorisation is not filed in due time, any procedural steps taken by the representative other than the filing of a European patent application shall, without prejudice to any other legal consequences provided for in the Convention, be deemed not to have been taken.


(5) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to a document withdrawing an authorisation.


(6) Any representative who has ceased to be authorised shall continue to be regarded as the representative until the termination of his authorisation has been communicated to the European Patent Office.


(7) Subject to any provisions to the contrary contained therein, an authorisation shall not terminate vis-à-vis the European Patent Office upon the death of the person who gave it.


(8)143 If several representatives are appointed by a party, they may, notwithstanding any provisions to the contrary in the notification of their appointment or in the authorisation, act either jointly or singly.


(9)144 The authorisation of an association of representatives shall be deemed to be authorisation of any representative who can establish that he practises within that association.



140 Amended by decision of the Administrative Council of 05.07.1991 which entered into force on 01.10.1991 (OJ EPO 1991, 421 ff).

141 See decision of the President of 19.07.1991 pursuant to paragraph 1, second sentence (OJ EPO 1991, 489).

142 Last amended by decision of the Administrative Council of 05.07.1991 which entered into force on 01.10.1991 (OJ EPO 1991, 421 ff).

143 Amended by decision of the Administrative Council of 05.07.1991 which entered into force on 01.10.1991 (OJ EPO 1991, 421 ff).

144 Inserted by decision of the Administrative Council of 20.10.1977 which entered into force on 01.02.1978 (OJ EPO 1978, 12 ff). See communication in OJ EPO 1979, 92.

Cross-reference list
R. 101 R. 152