Chapter 2 – The EPO as a PCT receiving Office
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  6. 2.11 Who may represent an applicant before the EPO as receiving Office?
  7. Can an agent appointed for the international phase represent an applicant in the European phase before the EPO as designated or elected Office?
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2.11 Who may represent an applicant before the EPO as receiving Office?

Overview

2.11.7.Can an agent appointed for the international phase represent an applicant in the European phase before the EPO as designated or elected Office? 

2.11.019A (common) agent appointed in the PCT request as agent for an international application is appointed only for the international phase. This means that a professional representative authorised to act before the EPO and who acted for the applicant(s) in the international phase is not automatically considered to be the representative for the European phase. However, if the EPO is receiving Office and the agent is appointed by separate authorisation, the applicant(s) may, at the same time, indicate therein that the agent is also appointed to represent the applicant(s) before the EPO as designated or elected Office in the European phase. For the designation of an agent for the international and European phase at the same time, the applicant may use Form EPA/EPO/OEB 1003 available on the EPO's website.29

Art. 27(7), 49 PCT
R. 90.1 PCT
Art. 134 EPC
GL/EPO A‑VIII, 1.5
WIPO PCT Guide 11.001 

2.11.020If the appointment of an agent is effected by reference to an existing general power of attorney and filing of a copy (see point 2.11.011), the appointment of the agent also for the European phase must be explicitly made in a separate notice.

 

29documents.epo.org/projects/babylon/eponet.nsf/0/‌40D01FD0DB16515AC12588D9005A057F/$File/epo_form_1003_06_22_editable.pdf

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