VIII.1 - Filing of authorisations

Decision of the President of the European Patent Office dated 12 July 2007 on the filing of authorisations (OJ EPO 2007, Special edition No. 3, 128)

The President of the European Patent Office, having regard to Article 10(2)(a) EPC and Rule 152(1), has decided as follows:

Article 1

Professional representatives

(1) A professional representative whose name appears on the list maintained by the European Patent Office and who identifies himself as such shall be required to file a signed authorisation only in the circumstances set out in paragraphs (2) and (3) below. Any individual authorisation submitted shall be placed on file even if it has not been requested. It shall not however be checked for deficiencies. General authorisations shall be checked and registered as hitherto (Rule 152(4) EPC).

(2) If the European Patent Office is informed of a change of representative involving professional representatives who are not members of the same association, without being notified that the previous representative's authorisation has terminated, the new representative must file, together with the notification of his appointment, an individual authorisation (original and one copy) or a reference to a general authorisation already on file. If he does not, he shall be requested to do so within a period to be specified by the European Patent Office. If the European Patent Office is informed before the end of the specified period that the previous representative's authorisation has terminated, such request may be disregarded. The European Patent Office shall send the previous representative a copy of the individual authorisation or notify him of the number of the general authorisation and the name of the new representative, and inform him that the subsequent proceedings will be conducted with the new representative.

(3) The European Patent Office may require that an authorisation be produced if the circumstances of a particular case necessitate this, particularly in case of doubt as to the professional representative's entitlement to act.

Article 2

Legal practitioners

Legal practitioners entitled to act as representatives under Article 134(8) EPC must file a signed authorisation or a reference to a general authorisation already on file. If the European Patent Office is informed of the appointment of a legal practitioner without an authorisation being filed, the practitioner shall be requested to file the authorisation within a period to be specified by the European Patent Office.

Article 3

Employees

Employees who are representing a party under Article 133(3), first sentence, EPC and who are not professional representatives must file a signed authorisation or a reference to a general authorisation already on file. If the employee acts without filing an authorisation, the applicant shall be requested to file the authorisation within a period to be specified by the European Patent Office.

Article 4

Entry info force

This decision shall enter into force upon the entry into force of the revised text of the Convention in accordance with Article 8 of the Revision Act.

Done at Munich, 12 July 2007

Alison BRIMELOW

President