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

5.3.4.How does a representative have to be appointed? 

5.3.017In proceedings before the EPO as designated/elected Office, representatives identifying themselves as a professional representative entered on the list maintained by the EPO generally do not need to file an authorisation or (a reference to) a general authorisation. For their appointment to be valid, professional representatives merely need to inform the EPO that they have been appointed for the application concerned (see also point 2.11.019), e.g. by completing Section 2 of EPO Form 1200.

Art. 133 EPC, Art. 134 EPC
R. 152 EPC
GL/EPO A‑VIII, 1.6
OJ 2007, Spec. ed. 3, L.1

5.3.018Legal practitioners entitled to practise before the EPO (see point 5.3.007) and employees representing an applicant with residence or principal place of business in an EPC contracting state who are not professional representatives must, as a rule, file a signed authorisation or a reference to a general authorisation. However, no (new) authorisation is to be filed where an authorisation was filed with the EPO as receiving Office, (S)ISA or IPEA and the authorisation expressly empowered the legal practitioner or employee to act before the EPO in the European phase (see point 2.11.019).

Art. 133(3) EPC and Art. 134(8) EPC
OJ 2007, Spec. ed. 3, L.1
GL/EPO A‑VIII, 1.6-GL/EPO A-VIII, 1.7

5.3.019Where an authorisation is to be filed, the use of EPO Form 1003 is recommended for individual authorisations and EPO Form 1004 for general authorisations. If an authorisation is required but not received, the EPO will invite the applicant or representative to file it within a period to be specified in the invitation. 

GL/EPO A‑VIII, 1.8

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