G. Other procedural questions
II.Representation before the EPO
145Patent proprietors who do not have a residence or a principal place of business in an EPC contracting state must appoint a representative and act through them in all EPO proceedings concerning their Unitary Patent, including the procedural act of requesting unitary effect (see Rule 20(1) UPR, Rule 20(2)(l) UPR and Rule 20(3) UPR). However, compulsory representation does not apply to the payment of fees (Article 6 RFeesUPP).
146A different representative from the one appointed for proceedings under the EPC may be appointed for proceedings relating to the Unitary Patent. This representative will be entered in the Register for unitary patent protection and receive communications in respect of proceedings relating to the Unitary Patent, while the one appointed for EPC proceedings will remain registered in the European Patent Register section on such proceedings and will continue to receive communications relating to said EPC proceedings.
147The decision of the President of the EPO dated 8 July 2024 on the signing and filing of authorisations in proceedings under the Rules relating to Unitary Patent Protection (OJ EPO 2024, A76) applies to procedures relating to Unitary Patents. Therefore, if an authorisation is required, it should meet the requirements of this decision.
148Representatives may be authorised either by individual authorisation or by general authorisation. An extra authorisation is needed for all proceedings relating to a Unitary Patent. In particular, an authorisation for all proceedings established by the EPC does not cover the proceedings relating to a Unitary Patent. Accordingly, a separate check box has been added to Forms 1003 (individual authorisation) and 1004 (general authorisation) which can be used to issue authorisation covering all proceedings relating to a Unitary Patent. Furthermore, new Forms 7003 and 7004 provide, respectively, for an individual and a general authorisation with respect only to a Unitary Patent. When filing Form 7000 (request for unitary effect), it is possible simply to refer to a previously filed specific or general authorisation if it also covers proceedings relating to Unitary Patents.
149Representatives can use MyEPO Portfolio to inform the EPO of their withdrawal from representation or of a transfer of representation in respect of one or more Unitary Patents for which they were appointed. MyEPO Portfolio also offers access to a dedicated representative area, where representatives can manage their professional data and request entry on and deletion from the list of representatives managed by the Legal Division.
150More information on representation before the EPO can be found in "How to get a European patent – Guide for applicants".