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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 ANNEX I Terms and abbreviations
II. What must the applicant do to initiate the European phase? I. General III. Filing of other documents
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) Which version of the Euro-PCT application is taken as the basis for the procedure before the EPO as a designated/elected Office (Form 1200, Section 6)?


How to appoint a representative - Authorisation


184

As a rule, an authorisation or (a reference to) a general authorisation need not be filed by a representative who identifies himself as professional representative entered on the list maintained by the EPO (Annex VII). This means that the representative must just inform the EPO of his appointment as professional representative for the application concerned (see point 34).

Art. 133 EPC

R. 101 EPC

OJ 1991, 421, 489



185

Legal practitioners entitled to practise before the EPO and employees representing an applicant who are not professional representatives must, as a rule, file a signed authorisation or a reference to a general authorisation. However, no (new) authorisation is to be filed where the EPO acted as receiving Office and the authorisation expressly empowered the legal practitioner or employee to act before the EPO in the European phase (see point 34).

Art. 133(3), and 134(7) EPC



186

Where an authorisation is to be filed, the EPO will invite the applicant or representative to file it within a period to be specified in the invitation. If the authorisation is not filed in due time, any procedural steps taken by the representative will be deemed not to have been taken.



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