Who can represent me before the EPO as ISA?

In proceedings before the EPO as ISA, you can be represented by the agent you appointed for the international phase. Thus, you can be represented by your usual patent attorney entitled to practise before your competent receiving Office or the International Bureau of WIPO, if you filed your international application with the IB instead. Only if you decide to enter the European phase, you, as a natural or legal persons not having a residence or principal place of business in a contracting state to the EPC, are obliged to appoint a professional representative entitled to practise before the EPO (“European representative”).

Given that requirement, you may already wish to appoint a European agent specifically to represent you in the proceedings before the EPO in its capacity as ISA/IPEA. In particular if you intend to prosecute your international application in Europe, being represented by a European representative in the international phase is recommended, especially if you also intend to file a Chapter II demand for international preliminary examination. Alternatively, under Rule 90.1(d) PCT, the agent you appointed for the international phase may appoint a European representative as sub-agent specifically for the procedure before the EPO as ISA. All communications issued by the EPO as ISA will be sent to your specifically appointed agent or sub-agent. For more information, see PCT-EPO Guidelines, A-VIII, 1.7.