2.11 Who may represent an applicant before the EPO as receiving Office?
2.11.001Information 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 2.11.002-2.11.020).
Art. 27(7), 49 PCT
R. 90.1 PCT
Art. 133, 134 EPC
OJ 2010, 335
WIPO PCT Guide 11.001-11.014
2.11.002The PCT explicitly allows the receiving Office to apply its national law to the extent that it requires applicants to be represented by an agent having the right to represent them 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:
–professional representatives or associations of representatives entered in the directory of professional representatives maintained by the EPO
–legal practitioners qualified to practise in patent matters in one of the EPC contracting states and having their place of business in that state.
2.11.003Only 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.27
2.11.004Agents must always be mentioned by name in Box No. IV of the PCT request form unless they belong to an association of professional representatives registered as such with the EPO (see point 2.11.013). They can choose any address they wish so long as it is in an EPC contracting state.
2.11.005Natural or legal persons having their residence or principal place of business in an EPC contracting state may be represented in proceedings before the EPO by an employee. This kind of "representation" has to be distinguished from representation by a professional representative (agent) (see point 2.11.002).