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How to get a European patent - "Euro-PCT"

Guide for Applicants - Part 2 - Table of Contents

E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II)...

D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II

II. What must the applicant do to initiate the European phase?

Representation - Requirements specific to applicants with neither residence nor place of business in an EPC...

How and where should the applicant initiate the procedure before the EPO as a designated/elected Office (Form 1200)?

How to appoint a representative - Authorisation

Representation - Requirements specific to applicants with neither residence nor place of business in an EPC contracting state ("non-resident applicants") (Form 1200, Sections 2 and 3)

180

Applicants having neither their residence nor principal place of business within the territory of one of the contracting states to the EPC must be represented by a professional representative and act through him in all proceedings established by the EPC. However, until expiry of the 31-month time limit under Articles 22(3) and 39(1)(b) PCT, non-resident applicants may either take the procedural steps initiating the procedure before the EPO as designated/elected Office (see point 172 ff) themselves, or act through a professional representative entitled to practise before the EPO. This implies, for example, that a non-resident applicant himself may within the 31-month time limit file and sign Form 1200 and submit a translation of the application, if required. Under no circumstances can an applicant act through his agent appointed for the international phase if the latter is not a professional representative entitled to practise before the EPO (see point 30). The only exception is that payments to the EPO can be validly made by anybody.

Art. 22, 27(7) PCT
Art. 133(2), 150, 153(1) EPC
R. 107 EPC
GL/EPO A-VII, 3.1

181

Non-resident applicants who did not themselves take the required steps for entry into the European phase within the 31-month time limit may subsequently perform these and the other procedural steps (eg file a request for re-establishment of rights) only through a professional representative entitled to practise before the EPO (see point 30). If such representative has been appointed agent for the international phase, he is not automatically also appointed for the European phase. A separate appointment is necessary.

182	Non-resident applicants are therefore strongly advised to appoint a professional representative before the EPO in good time, ie before they initiate proceedings before the EPO as designated/elected Office, by completing Form 1200, Sections 2 and 3 (see point 184 ff).

183	In the case of failure to appoint the required professional representative, the applicant will be invited by the EPO to do so within a period to be specified in the invitation. Until the appointment is validly made, any procedural step taken by the applicant will be deemed not to have been taken.

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How to get a European patent - "Euro-PCT"