1. Representation
1.2 Representation by an agent
Two The following categories of agent ("professional representative" in EPC terminology) have the right to practise before the EPO as receiving Office:
– professional representatives or associations of representatives entered in the directory list of professional representatives maintained by the EPO (see EPC Guidelines A‑VIII, 1.2);
– legal practitioners qualified to act as a professional representative in patent matters in an EPC contracting state and having their place of business in that state (see EPC Guidelines A‑VIII, 1.3);
–associations of representatives and/or legal practitioners as defined above (see EPC Guidelines A‑VIII, 1.4).
Only a person belonging to at least one of these two categories may be appointed as an agent for an international application filed with the EPO as receiving Office.
If the agent is appointed using Box No. IV of the PCT request form, they must be indicated there by name unless they belong to an association of professional representatives and/or legal practitioners registered as such with the EPO. They can indicate any address they wish as long as it is in an EPC contracting state.
Art. 27(7)
Art. 134(1) EPC, Art. 134(8) EPC
OJ EPO 2013, 500, OJ EPO 2013, 535
OJ EPO 2025, A48
PCT AG I 11.001-11.004
If an association of representatives and/or legal practitioners is appointed as agent using Box No. IV of the PCT request form, the name of the association must be indicated there. The number under which the association is so registered with the EPO may also be indicated.
If an association of representatives and/or legal practitioners is appointed, each member of the association may perform procedural acts on behalf of the applicant, and correspondence from the EPO is addressed to the association rather than one particular member.
Rule 4.7 and 90
Rule 152(11) EPC
OJ EPO 2013, 500, OJ EPO 2013, 535
Further agents may be appointed at any time to represent the applicant either in the international phase in general or specifically before the EPO acting as International Searching Authority, Supplementary International Searching Authority or International Preliminary Examining Authority. The appointment of a new agent for the international phase in general is treated as revocation of any earlier appointment of an agent, unless otherwise indicated in the power of attorney appointing the new agent. Furthermore, an agent appointed for the international phase in general, unless otherwise indicated in the document appointing them, may appoint sub-agents to represent the applicant.
Rule 90.1(d)(ii)
Rule 90.6(b)
PCT AG I 11.004, 11.012