Chapter VIII – Common provisions
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  8. 1.9 Representation before the EPO as International Preliminary Examining Authority
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1. Representation

Overview

1.9 Representation before the EPO as International Preliminary Examining Authority 

Applicants may be represented before the EPO as International Preliminary Examining Authority (IPEA) by the agent appointed on filing the international application and/or having the right to practise before the receiving Office, who is usually the agent for the international phase.

The agent appointed for the international phase may appoint a sub-agent to represent the applicant specifically before the EPO as IPEA, provided that any person so appointed as sub-agent has the right to practise before the EPO acting as IPEA.

Applicants may also appoint an agent to represent them specifically before the EPO as IPEA. Any agent specifically appointed before the EPO as IPEA must be entitled to practise before the EPO.

The applicant or agent for the international phase can appoint an agent specifically before the EPO as IPEA either by completing Box No. III of the demand form (PCT/IPEA/401) and signing the demand, or by signing and submitting a separate power of attorney. Appointment may also be effected by reference in the PCT demand or in a separate notice to a duly deposited general power of attorney. In this case, the PCT demand or the separate notice may be signed by the purported agent. The separate power of attorney or a copy of a general power of attorney must only be submitted to the EPO acting as IPEA if the EPO's waiver of the requirement to submit it does not apply in the circumstances. For further information, see GL/PCT‑EPO A‑VIII, 1.11-GL/PCT‑EPO A-VIII, 1.13.

Art. 49
Rule 90.1(a), Rule 90.1(c), Rule 90.1(d)
PCT AG I 10.019-10.023

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