GA C2.9 2.9 | XEPC: EPC and PCT resource

Who may represent an applicant before the EPO as receiving Office?

2.9.001

Information on the representation of the applicant(s) during the international phase is to be provided in Box No. IV of the PCT request form. Before filling in the box, applicants should carefully read the instructions provided in the Notes to the PCT request form concerning Box No. IV and the information given below (see points 2.9.002-2.9.019).

Art. 27(7), 49 PCT

R. 90.1 PCT

Art. 133, 134 EPC

OJ 2010, 335

WIPO PCT Guide 11.001-11.014

2.9.002

The PCT explicitly allows the receiving Office to apply its national law to the extent that it requires an applicant to be represented by an agent having the right to represent applicants before it. Therefore, the EPC provisions concerning professional representation apply in respect of international applications processed by the EPO as receiving Office. According to the EPC, applicants not having their residence or principal place of business in an EPC contracting state need to be represented by a professional representative. Two categories of representatives ("agents" in PCT terminology) have the right to practise before the EPO as receiving Office:

Art. 27(7) PCT

Art. 133 EPC

–

any professional representative or association of representatives entered in the directory of professional representatives maintained by the EPO

OJ 2013, 500, 535

–

any legal practitioner qualified to practise in patent matters in one of the EPC contracting states and who has his place of business in that state.

2.9.003

Only a person belonging to at least one of these categories may be appointed as agent for an international application filed with the EPO as receiving Office (see points 1.9.001 ff). The directory of professional representatives can be consulted on the EPO website.[ 22 ]

2.9.004

The agent must always be mentioned by name in Box No. IV of the PCT request form, unless he belongs to an association of professional representatives registered as such with the EPO (see point 2.9.012). The agent may choose his address as he wishes on condition that it is in an EPC contracting state.