Article 76

EUROPEAN PATENT OFFICE

Information from the EPO

Decision of the President of the European Patent Office dated 8 July 2024 on the signing and filing of authorisations in proceedings under the Rules relating to Unitary Patent Protection

The President of the European Patent Office, having regard to Rules 3 and 20(2)(a) and (l) of the Rules relating to Unitary Patent Protection (UPR), Article 10(2)(a) EPC and Rule 152(1) and (5) and Rule 2(2) EPC has decided as follows:

Article 1

Professional representatives and legal practitioners

(1) Professional representatives whose names appear on the list maintained by the European Patent Office (EPO), and legal practitioners entitled to act as representatives under Rule 20(1) UPR in conjunction with Article 134(8) EPC, who identify themselves as such will be required to file a signed authorisation only in the circumstances set out in paragraphs (2) and (3) below. Any individual authorisation submitted will be placed on file even if it has not been requested. It will not, however, be checked for deficiencies. General authorisations will be checked and registered (Rule 20(2)(l) UPR in conjunction with Rule 152(4) EPC).

(2) If the EPO is informed of a change of representative involving professional representatives or legal practitioners who are not members of the same association, without being notified by the previous representative that their authorisation has terminated, the new representative must file an individual authorisation or a reference to a general authorisation already on file together with the notification of their appointment. If they do not, they will be requested to do so within a period to be specified by the EPO. If the EPO is informed before the end of the specified period by the previous representative that their authorisation has terminated, this request may be disregarded. The EPO will inform the previous representative that subsequent proceedings will be conducted with the new representative.

(3) The EPO may require that an authorisation be filed if necessary under the circumstances of a specific case, particularly if there is any doubt as to the representative's entitlement to act.

Article 2

Employees

Employees who are representing a party under Rule 20(1) UPR in conjunction with Article 133(3), first sentence, EPC and who are neither professional representatives nor legal practitioners under Rule 20(1) UPR in conjunction with Article 134(8) EPC, must file a signed authorisation or a reference to a general authorisation already on file. If employees act without filing an authorisation, the proprietor will be requested to file the authorisation within a period to be specified by the EPO.

Article 3

Signature

Authorisations may be authenticated by a handwritten signature, a facsimile signature,1 a text-string signature2 or a digital signature under the conditions specified by the EPO.3

Article 4

Entry into force

This decision will enter into force on 1 November 2024.

Done at Munich, 8 July 2024

António CAMPINOS

President