11.5 Missing appointment of a representative

The requirements as regards representation in the proceedings before the EPO as designated/elected Office are set out in A‑XII, 6.2. If a professional representative must be appointed, they must be appointed within the 31-month period, in accordance with Rule 163(5).

Until the EPO is informed of the (valid) appointment of a professional representative, where this is required, any procedural step taken by the applicant will be deemed not to have been taken, except for any steps taken before expiry of the 31-month period (A‑XII, 6.2). See A‑XII, 7.1 on cases where there is a request for early processing.

If the deficiency is not corrected in time, the application will be refused pursuant to Rule 163(6). The omission may be remedied by a request for further processing under Art. 121, which will be granted if the representative is appointed and the fee for further processing is paid within two months of notification of the decision (E‑VIII, 2).