5.3.2.Requirements specific to applicants with neither residence nor principal place of business in an EPC contracting state – "non-resident applicants" 

5.3.007Two categories of professional representative have the right to practise before the EPO: 

–professional representatives entered in the directory of professional representatives maintained by the EPO and 

–legal practitioners who are qualified to practise in patent matters in one of the EPC contracting states and have their place of business in that state. 

5.3.008However, up to expiry of the 31-month time limit under Rule 159 EPC, non-resident applicants may either comply with any requirement themselves or act through a professional representative entitled to practise before the EPO. This means that, within the 31-month time limit, non-resident applicants may themselves sign and file EPO Form 1200, submit amendments, file a translation of the application, file a request for early processing, etc.

5.3.009Non-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 (e.g. filing of a request for re-establishment of rights) only through a professional representative entitled to practise before the EPO.

5.3.011Under no circumstances can an applicant act through an agent appointed for the international phase if the latter is not a professional representative entitled to practise before the EPO (see point 5.3.007). Moreover, any such representative appointed as agent for the international phase is not automatically appointed for the European phase. A separate appointment is necessary (see point 2.11.019).

5.3.012The only case in which a new appointment need not be made is if the professional representative was validly appointed in the procedure before the EPO as receiving Office, (S)ISA or IPEA and the appointment expressly extends to representation in the European phase (see point 2.11.019).

5.3.013Non-resident applicants are therefore strongly advised to appoint a professional representative before the EPO in good time, i.e. before they initiate proceedings before the EPO as designated/elected Office, and to indicate this appointment in Form 1200, Sections 2 and 3 (see points 5.3.017 ff).

5.3.014If no professional representative is appointed for the proceedings in the European phase, any communication issued by the EPO as designated/elected Office will be sent to the applicant.