1.9 1.8 Invitation to file authorisation and legal consequence in case of non-compliance

Where the appointment of a legal practitioner entitled to act as professional representative in accordance with Art. 134(8), or an employee acting for an applicant in accordance with Art. 133(3), first sentence, but who is not a professional representative or legal practitioner, is communicated to the EPO without an authorisation being filed, the representative applicant is invited to file the authorisation within a two-month period specified by the EPO (see E‑VIII, 1.6). Where the filing of an authorisation is required for a professional representative or legal practitioner, the invitation is sent to them. If such authorisation is not filed in due time, any procedural steps taken by them other than filing a European patent application or initiating the European phase within the applicable time limit (see E‑IX, 2.3.1) will, without prejudice to any other legal consequences provided for in the EPC, be deemed not taken.

Where a party having neither residence nor principal place of business within a contracting state has failed to fulfil the requirements of Art. 133(2) (see A‑VIII, 1.1), the invitation will be sent direct to the party concerned. The same period will be specified for the communication of the appointment and, where applicable, the filing of the authorisation. The period may be extended in accordance with Rule 132 on request by the representative or party as the case may be (see E‑VIII, 1.6). If such authorisation is not filed in due time, any procedural steps taken by the representative other than filing a European patent application or initiating the European phase within the applicable time limit (see E‑IX, 2.3.1) will, without prejudice to any other legal consequences provided for in the EPC, be deemed not taken. The party is informed accordingly.