8.2.1.  Appointment of a representative

The appointment of a representative must be made separately for proceedings relating to the Unitary Patent, even if a representative is already appointed for the EPC proceedings. 

A proprietor subject to the obligation of being represented under Rule 20(2)(l) UPR in conjunction with Art. 133(2) EPC must act through an appointed representative in all proceedings before the UPP Division, except for the payment of renewal fees (Art. 6 RFeesUPP in conjunction with Rule 6(1) RFees; see also 3.4).

It is permitted to appoint a different representative for proceedings relating to the Unitary Patent who is different from the one appointed for EPC proceedings under the EPC. This differentThe representative for the Unitary Patent will be entered in the Register for unitary patent protection UP Register (see 8.8.1) and receive communications in respect of proceedings relating to the Unitary Patent proceedings, while the representative appointed for EPC proceedings will remain registered recorded in the European Patent Register section on such proceedings and will continue to receive communications relating to themEPC proceedings.

Representation by a professional representative, list of professional representatives, associations, legal practitioner

Patent proprietors who do not have their residence or principal place of business in an EPC contracting state must appoint a representative and act through them in all EPO proceedings concerning their Unitary Patent, including the procedural act of requesting unitary effect (see 2.2.2). However, compulsory representation does not apply to the payment of fees (Art. 6 RFeesUPP).

Representation before the EPO in Unitary Patent proceedings may be undertaken by:

- professional representatives or an association of professional representatives (see EPC Guidelines, A‑VIII, 1.2) or

- legal practitioners entitled to act as representatives under Rule 20(1) UPR in conjunction with Art. 134(8) EPC (see EPC Guidelines, A‑VIII, 1.3) or

- an association of professional representatives and/or legal practitioners (see EPC Guidelines, A‑VIII, 1.4)