6.2.2 Representation in the European phase by the international agent

An agent entitled to practise in the international phase before the receiving Office and the PCT International Authorities is not necessarily authorised to act before the EPO as designated/elected Office (Art. 27(7) PCT). The EPO as designated/elected Office applies Art. 133(2) in combination with Art. 153(2) and Art. 150(2) (A‑XII, 6.2) in the European phase. If the applicant fails to appoint a representative, the procedure under Rule 163(5) applies (see A‑XIII, 11.5).

Representatives acting in the international phase who are professional representatives entitled to practise before the EPO (Art. 134(1)) or legal practitioners (Art. 134(8)), and who are therefore entitled in principle to act in the European phase, are not automatically considered to be appointed for the European phase. An exception is made only where the representative has been validly appointed in the proceedings before the EPO as receiving Office, (S)ISA, or IPEA and only on condition that it is clear from the file in question that this appointment extends to representation in the European phase. Otherwise, the applicant must inform the EPO of the (re-)appointment for the proceedings in the European phase (see A‑VIII, 1.7).