1.10 1.9Invitation to file authorisation and legal consequence in case of non-compliance

Where the filing of an authorisation is required but is not filed in due time, any procedural steps taken other than filing a European patent application or initiating the European phase within the applicable time limit (see A‑XIII, 11.5) will, without prejudice to any other legal consequences provided for in the EPC, be deemed not taken.

Where an employee who is not a professional representative or legal practitioner is 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 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, a or legal practitioner, or an association of representatives, 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.