II.Representation before the EPO 

144The same regime as under the EPC applies to representation. Patent proprietors who have their residence or principal place of business in an EPC contracting state may act on their own behalf in proceedings before the EPO with respect to the Unitary Patent.

145Patent 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).

147The decision of the President of the EPO dated 8 July 2024 on the signing and filing of authorisations in proceedings under the Rules relating to Unitary Patent Protection (OJ EPO 2024, A76) applies to procedures relating to Unitary Patents. Therefore, if an authorisation is required, it should meet the requirements of this decision.

148Representatives 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.