Chapter VIII – Common provisions
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  8. 1.10 Representation before the EPO as designated or elected Office
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1. Representation

Overview

1.10 Representation before the EPO as designated or elected Office 

A (common) agent appointed in the PCT request as agent for an international application is appointed only for the international phase. This means that a professional representative authorised to act before the EPO and who acted for the applicant(s) in the international phase is not automatically considered to be the representative for the European phase. However, if the EPO is the receiving Office and the agent is appointed by a separate authorisation, the applicant(s) may, at the same time, indicate in that authorisation that the agent is also appointed to represent the applicant(s) before the EPO as designated or elected Office in the European phase. To designate an agent for the international and European phases at the same time, the applicant may use Form EPA/EPO/OEB 1003, which is available on the EPO website.

If an agent is appointed by reference to an existing general power of attorney, the appointment of the agent for the European phase too must be explicitly stated in the separate notice.

For details on representation before the EPO as designated or elected Office, see EPC Guidelines, A‑VIII, 1 and EPC Guidelines, E‑IX, 2.3.1.

Art. 27(7), Art. 49
Rule 90.1
Art. 134 EPC

PCT AG I 11.001

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