Chapter 1 – General overview
1.9.001Any attorney, patent agent or other person ("agent") having the right to practise before the national or regional patent office with which the international application was filed is entitled to practise in respect of that application before:
–this national or regional office acting as receiving Office,
–the IB,
–the competent ISA,
–the competent SISA and
–the competent IPEA.
Art. 27(7) PCT, Art. 49 PCT
R. 90.1 PCT
Art. 133, 134 EPC
WIPO PCT Guide
5.041-5.051,
10.019-10.023,
11.001-11.014
1.9.002An agent so appointed before the receiving Office is referred to as "the agent for the international phase". Applicants are strongly advised to appoint an agent already at the time of filing an international application with the receiving Office.
1.9.004If no common agent or common representative has been appointed, the applicant first named in the request who is entitled to file an international application with the receiving Office is considered to be the common representative (see points 2.11.006 ff). The "deemed common representative" is not entitled to sign notices of withdrawal on behalf of co-applicants. If a deemed common representative has appointed an agent, the latter will be considered to be the agent of record and may validly perform any act which could be performed by the deemed common representative. If an agent has been appointed by a co-applicant of the deemed common representative, the agent will be entitled to act only on behalf of that co-applicant.
R. 90bis.5 PCT, R. 90.2(b) PCT
PCT Newsletter 10/2013, 11
7-8/2014, 11
6/2017, 8
1/2020, 5
1.9.005More information on representation specifically before the EPO is provided in points 2.11.001 ff (EPO as RO), point 3.1.020 ff (EPO as ISA), point 4.1.047 ff (EPO as IPEA) and in point 5.3.006 ff (EPO as designated or elected Office).