1. Representation
If there are two or more applicants, each of them may choose to appoint their own agent, or they may choose to appoint a common agent for the international phase or one of the applicants who is entitled to file the international application to act as their common representative. The latter may in turn appoint an agent.
R. 90.2
PCT AG I 11.003, 11.005-11.006
If the appointed common representative has neither a residence nor their principal place of business in an EPC contracting state, the EPO as receiving Office will require the appointment of an agent.
If a common agent or common representative is appointed using Box No. IV of the PCT request form, their name and address must be indicated there.
If no common agent or common representative is appointed, the applicant first named in the request who is entitled to file the international application with the EPO as receiving Office is considered to be the common representative. If such "deemed common representative" has neither a residence nor their principal place of business in an EPC contracting state, the EPO as receiving Office will require the appointment of an agent.
If no common agent is appointed, any correspondence is sent to the (deemed) common representative or, if the latter has appointed an agent, to their agent, unless a different address is provided as the address for correspondence.
A deemed common representative is not entitled to sign notices of withdrawal on behalf of co-applicants without submitting evidence of their consent to such withdrawal. If a deemed common representative has appointed an agent, the latter may validly perform any act which could be performed by the deemed common representative. If a co-applicant of the deemed common representative has appointed an agent, such agent will not be considered the "agent of record" and will be entitled to act only on behalf of that co-applicant.