Chapter 5 – Euro-PCT procedure before the EPO as a designated or elected Office
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5.3 Communication with the applicant – representation – address for correspondence (Form 1200, Sections 1, 2 and 3)

Overview

5.3.3.What happens if the requirement to appoint a professional representative is not observed? 

5.3.015Where applicants have failed to appoint a professional representative as required, they will be invited by the EPO to do so within a time limit of two months. Until the EPO is informed of a (valid) appointment, any procedural step taken by such applicants will be deemed not to have been taken. If the deficiency is not corrected in time, the application will be refused. 

R. 163(5), (6) EPC

5.3.016The refusal may be remedied by a request for further processing. The request will be granted if within two months of notification of the refusal a professional representative is appointed and the fee for further processing is paid. 

Art. 121 EPC
R. 135 EPC
Art. 2(1)12 RFees

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