G. Other procedural questions
II.Representation before the EPO
131Patent proprietors who do not have a residence or a principal place of business in an EPC contracting state must appoint a representative and act through them in all EPO proceedings concerning their Unitary Patent, including the procedural act of requesting unitary effect (see Rule 20(1) UPR, Rule 20(2)(l) UPR and Rule 20(3) UPR). However, compulsory representation does not apply to the payment of fees (Article 6 RFeesUPP).
132You may appoint a different representative for proceedings relating to the Unitary Patent from the one appointed for proceedings under the EPC. This different representative will be entered in the Register for unitary patent protection and receive communications in respect of proceedings relating to the Unitary Patent, while the existing representative appointed for EPC proceedings will remain registered in the European Patent Register section on such proceedings and continue to receive communications relating to them.
133The decision of the President of the EPO dated 12 July 2007 on the filing of authorisations (Special edition No. 3, OJ EPO 2007, L.1) also applies to the procedures relating to the Unitary Patent. Therefore, if an authorisation is required under that decision, it needs to cover proceedings relating to a Unitary Patent.
134Representatives may be authorised either by individual authorisation or by general authorisation. An extra authorisation is needed for all proceedings relating to a Unitary Patent. In particular, an authorisation for all proceedings established by the EPC does not cover the proceedings relating to a Unitary Patent. Accordingly, a separate check box has been added to Forms 1003 (individual authorisation) and 1004 (general authorisation) which can be used to issue authorisation covering all proceedings relating to a Unitary Patent. Furthermore, new Forms 7003 and 7004 provide, respectively, for an individual and a general authorisation with respect only to a Unitary Patent. When filing Form 7000 (request for unitary effect), it is possible simply to refer to a previously filed specific or general authorisation if it also covers proceedings relating to Unitary Patents.
135More information on representation before the EPO can be found in "How to get a European patent – Guide for applicants".