The EPO as receiving Office (and also as ISA, SISA and IPEA) has waived the requirement that, for the effective appointment of an agent, common agent or common representative, a signed separate power of attorney must be submitted to it if the PCT request is not signed by (all) the applicant(s). The waiver does not apply to a legal practitioner referred to in Article 134(8) EPC if that person is not also a professional representative.
However, as a matter of strategy and caution, (common) agents and common representatives are recommended to obtain explicit authorisation from (all) the applicant(s) by way of direct signature of the PCT request or by duly signed powers of attorney. The authorisation of each applicant is required in any case in which a withdrawal of any kind is submitted.
Date retrieved: 30 December 2018