1. Representation
Applicants may be represented before the EPO as International Searching Authority (ISA) by the agent appointed on filing the international application and/or having the right to practise before the receiving Office, who is usually the agent for the international phase.
The agent appointed for the international phase – and thus including for proceedings before the ISA – may appoint a sub-agent to represent the applicant specifically before the EPO as ISA, provided that any person so appointed as sub-agent has the right to practise before the EPO acting as ISA. All communications issued by the ISA are then sent to the agent specifically appointed for proceedings before the EPO as ISA.
Applicants may also appoint an agent to represent them specifically before the EPO in its capacity as ISA. Any agent specifically appointed to act before the EPO as ISA must be entitled to practise before the EPO.
The applicant or agent for the international phase can appoint an agent specifically before the EPO as ISA by signing and submitting a separate power of attorney. Appointment may also be effected by reference in a separate notice to a duly deposited general power of attorney. In this case, the separate notice may be signed by the purported agent. The separate power of attorney or a copy of a general power of attorney must only be submitted to the EPO acting as ISA if the EPO's waiver of the requirement to submit it does not apply in the circumstances. For further information, see GL/PCT‑EPO A‑VIII, 1.11-GL/PCT‑EPO A-VIII, 1.13.
Art. 49
R. 90.1(a), R. 90.1(b), R. 90.1(d)
PCT AG I 11.001-11.014