Where possible, the UPP Division will take due consideration of cases where the EPO receives a request for a change of representation after the mention of the grant is published and before the unitary effect is registered. For changes after the registration of the unitary effect, see 7.6.3.
Where a representative resigns or a proprietor withdraws their representative's authorisation to act on their behalf after the unitary effect is registered, the subsequent procedure depends on whether the proprietor has their residence or principal place of business in an EPC contracting state.
If the proprietor has their residence or principal place of business in an EPC contracting state, the EPO will communicate directly with them in the absence of a new appointment.
Where the proprietor does not have their residence or principal place of business in an EPC contracting state and no (new) representative is appointed, the EPO will confirm this to the proprietor and, if applicable, invite them to appoint a representative. Where there are multiple proprietors, the invitation is sent to all of them unless there is a common representative (see Rule 20(2)(l) UPR in conjunction with Rule 151 EPC). The proprietors are not entitled to take any procedural steps other than paying renewal fees until the deficiency is remedied.If the proprietors do not comply with that invitation, they cannot take any procedural steps until the deficiency is remedied.
Changes made after the registration of the unitary effect are recorded in the UP Register (see 8.8.3).
Representatives can notify the EPO via MyEPO Portfolio of representation changes or their withdrawal from representation in respect of one or more Unitary Patents for which they were appointed (see the decision of the President of the EPO dated 9 February 2024 (OJ EPO 2024, A20)).