1.2 Representation by an agent 

Two categories of agent ("professional representative" in EPC 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 act as a professional representative in patent matters in an EPC contracting state and having their place of business in that state. 

Only a person belonging to at least one of these two categories may be appointed as an agent for an international application filed with the EPO as receiving Office.

If the agent is appointed using Box No. IV of the PCT request form, they must be indicated there by name unless they belong to an association of professional representatives registered as such with the EPO. They can indicate any address they wish as long as it is in an EPC contracting state.

If an association of professional representatives is appointed as agent using Box No. IV of the PCT request form, the name of the association must be indicated there. The number under which the association is so registered with the EPO may also be indicated.

If an association of professional representatives is appointed, each member of the association may perform procedural acts on behalf of the applicant, and correspondence from the EPO is addressed to the association rather than one particular member.

Further agents may be appointed at any time to represent the applicant either in the international phase in general or specifically before the EPO acting as International Searching Authority, Supplementary International Searching Authority or International Preliminary Examining Authority. The appointment of a new agent for the international phase in general is treated as revocation of any earlier appointment of an agent, unless otherwise indicated in the power of attorney appointing the new agent. Furthermore, an agent appointed for the international phase in general, unless otherwise indicated in the document appointing them, may appoint sub-agents to represent the applicant.