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Guidelines for Examination in the EPO

Guidelines for Examination - Table of Contents  
PART A GUIDELINES FOR FORMALITIES EXAMINATION General Part PART B  
CHAPTER VII APPLICATIONS UNDER THE PATENT COOPERATION TREATY (PCT) BEFORE THE EPO ACTING AS A DESIGNATED OR... CHAPTER VI PUBLICATION OF APPLICATION; REQUEST FOR EXAMINATION AND TRANSMISSION OF THE DOSSIER TO EXAMINING DIVISION CHAPTER VIII LANGUAGES  
3. Provisions of Chapter III (Examination of formal requirements) 2. Provisions of Chapter II (Filing of applications and examination on filing) 4. Provisions of Chapter IV (Special provisions)  
3.1 Representation   3.2 Physical requirements  

3.1

Representation

 

The provisions of III, 2 ("Representation") apply to international applications whether furnished in an official language or in translation. A professional representative having a right to practice before the PCT International Authorities is not necessarily authorised to act before the EPO (see Art. 27(7) PCT). For the representation of applicants before the EPO as designated or elected Office see the latest version of the Guide for Applicants "How to get a European patent, Part 2: PCT procedure before the EPO - Euro-PCT".

 

If there is more than one applicant and the following information was not provided for one or more of those applicants in the International phase and is still missing at the expiry of the 31-month period under Rule 159(1):

Rule 163(4)

Rule 163(5)

Rule 163(6)



(i)

address

 

(ii)

nationality

 

(iii)

State of residence or principal place of business

 

the EPO will invite the applicant to furnish these indications within two months. Failure to do so will lead to refusal of the application. The same applies if the requirements for representation are not met at the end of the 31-month period, with the same consequence for failure to correct the deficiency in time. If the applicant fails to reply in time to the above mentioned invitation, he may request further processing.

 


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