The instructions in A‑III, 2 ("Representation") apply to international applications whether furnished in an official language or in translation. An agent having a right to practise before the PCT International Authorities is not necessarily authorised to act before the EPO (see Art. 27(7) PCT). For the representation of applicants before the EPO as designated or elected Office see the latest version of the Guide for applicants: "'Euro-PCT Guide': PCT procedure at the EPO".
However, up to expiry of the 31-month time limit under Rule 159, applicants having neither a residence nor their principal place of business within the territory of one of the contracting states may either comply with any requirement themselves or act through a professional representative entitled to practise before the EPO. This means that an applicant having neither a residence nor his principal place of business within the territory of one of the contracting states may himself, within the 31-month time limit, for example sign and file EPO Form 1200, submit amendments, file a translation of the application, file a request for early processing, etc.
Applicants having neither a residence nor their principal place of business within the territory of one of the contracting states who do not themselves take the required steps for entry into the European phase within the 31-month time limit may subsequently perform these and the other procedural steps (e.g. filing a request for re-establishment of rights) only through a professional representative entitled to practise before the EPO.
If there is more than one applicant and the following information was not provided for one or more of those applicants in the international phase and is still missing at the expiry of the 31-month time limit under Rule 159(1):[Rules 163(4); Rules 163(6); ]
the EPO will invite the applicant to furnish these indications within two months. Failure to do so will lead to refusal of the application. The same applies if the requirements for representation are not met at the end of the 31-month time limit, with the same consequence for failure to correct the deficiency in time. If the applicant fails to reply in time to the above-mentioned invitation, he may request further processing.
Date retrieved: 30 December 2018
11 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Implementing Rules
XR.159 EPC The European Patent Office as a designated or elected Office – Requirements for entry into the European phase
EPO Guidelines - A Formalities Examination
EPO Guidelines - E General Procedural Matters
EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office
XGA E III 1 Requirements specific to applicants with neither residence nor principal place of business in an EPC contracting state - "non-resident applicants"