II.
Representation before the EPO 
126
The same regime as under the EPC applies. Patent proprietors who have their residence or principal place of business in an EPC contracting state may act on their own behalf in proceedings before the EPO with respect to the Unitary Patent.
127
Patent proprietors who do not have a residence or a principal place of business in an EPC contracting state must appoint a representative and act through him in all EPO proceedings concerning their Unitary Patent, including the procedural act of requesting unitary effect (see Rule 20(1), (2)(l) and (3) UPR). However, compulsory representation does not apply to the payment of fees (Article 6 RFeesUPP).
128
Representatives may be authorised either by individual authorisation or by general authorisation. An extra authorisation is needed for all proceedings relating to a Unitary Patent. In particular, an authorisation for all proceedings established by the EPC does not cover the proceedings relating to a Unitary Patent. Accordingly, a separate check box has been added to Forms 1003 (individual authorisation) and 1004 (general authorisation) which can be used to issue authorisation covering all proceedings relating to a Unitary Patent. Furthermore, new Forms 7003 and 7004 provide, respectively, for an individual and a general authorisation with respect only to a Unitary Patent. When filing Form 7000 (request for unitary effect), it is possible simply to refer to a previously filed specific or general authorisation, if it also covers proceedings relating to Unitary Patents . 
129
More information on representation at the EPO can be found in "How to get a European patent – Guide for applicants". 

Quick Navigation