2.2. Party having its seat in an EPC contracting state

Under the EPC there is no obligation for parties having their residence or principal place of business in a contracting state to be represented in proceedings before the EPO (Art. 133(1) and (2) EPC). If a European professional representative – qualified in accordance with Art. 134 EPC – is appointed, the party acts "through" them in all proceedings established by the Convention (Art. 133(2) EPC) and notifications are made to them (R. 130(1) EPC) (see e.g. J 1/20).

In T 1893/22, the proprietor contested the admissibility of the opposition inter alia on the basis that the opponent's professional representative could not represent the French company since he was simultaneously managing the legal entity he represented. The board reminded that a legal person having its seat in an EPC contracting state is not obliged to be represented by a professional representative (Art. 133(1) EPC). Furthermore, persons whose names appear on the list of professional representatives are entitled to act in all proceedings established by the EPC (Art. 134 EPC). A legal person having its seat in an EPC contracting state can act in proceedings before the EPO through its legal representatives. At the time the opposition was filed, Mr N in his capacity as President of the company was entitled to represent the company since under French law (Art. L. 227 Commercial Code) he was entitled to act on behalf of the legal person in all circumstances. Mr N as a professional representative would have been entitled to act not only as the president of the company, but also as a professional representative appointed by that legal person. For the sake of completeness, the board detailed why neither the references to French law (Civil Code) nor German law, nor the reference to general principles under Art. 125 EPC could, in its view, prevent the company from appointing Mr N as its professional representative before the EPO.