INFORMATION FROM THE EPO
COMMUNICATION on matters concerning representation before the EPO
Authorisation of an association – Rule 101, paragraph 9, and Rule 92, paragraph 1 (h), third sentence, EPC
1. At its fourth meeting from 19 to 21 December 1978 the Administrative Council of the European Patent Organisation discussed a proposal by the President of the European Patent Office that Rule 101, paragraph 9, and Rule 92, paragraph 1(h), third sentence, EPC, be deleted (see EPO Official Journal 4/1978, page 281 et seq., point 1). A vote on the proposal failed to produce the necessary three-quarters majority. The provisions in question (published in Official Journal 1/1978, pages 16 and 17) will therefore remain in force.
At the same time the Administrative Council determined how Rule 101, paragraph 9, EPC, was to be interpreted in the light of the background to that provision. As a result, an "association of representatives" is to be taken as meaning an association consisting solely of professional representatives on the EPO list in private practice.
2. From the point of view of the European Patent Office the practice applied to date by professional representatives, i.e. not to avail themselves of the above-mentioned provisions, has proved to be sound. Under this procedure (set out in EPO Official Journal 4/1978, page 281 et seq., points 2.2 and 2.3) where there are a number of authorised representatives
(a) the names of all the authorised representatives are listed in the authorisation and the partnership or firm in which they work is indicated as part of the address of the place of business;
(b) in Section IV of the request form for grant of a European patent
- having regard to Rule 92, paragraph 1(h), second sentence, EPC, only one of the authorised representatives, with the added words "et al", is indicated in the box for the name;
- the box for address of place of business specifies inter alia the partnership or firm in which the representatives work;
(c) the EPO enters these particulars, adding if necessary the words "et al", in the Register of European Patents, publishes them in the European Patent Bulletin and reproduces them in publications of the European patent application and, where appropriate, of the European patent;
(d) the EPO notifies all documents to the representatives entered in the Register of European Patents of business indicated in the request for grant (Rule 81, paragraph 2, EPC).
3. Professional representatives who no longer wish to follow this practice and wish to avail themselves of Rule 101, paragraph 9, and Rule 92, paragraph 1(h), third sentence, EPC, are advised to proceed as follows:
3.1 A letter should be sent to Department 5.1.1 of the EPO in Munich containing:
(a) the name of the association by which a number of professional representatives henceforth intend to be designated in authorisations and in the box for the name in Section IV of the request form for grant of a European patent;
(b) a statement indicating which persons usually act in the name of this association in business matters;
(c) a statement to the effect that all the persons listed under (b) are professional representatives;
(d) a statement that all the professional representatives listed under (b) are engaged in private practice.
"Professional representatives on the EPO list in private practice" is to be taken as including those who work as employees with a professional representative engaged in private practice.
The letter drawn up on behalf of the association need only be signed by one of the professional representatives listed under (b).
3.2 Further to a letter in accordance with point 3.1, the EPO will confirm that the evidence required under Rule 101, paragraph 9, EPC, has been furnished or indicate in a decision which may be appealed why the evidence required under Rule 101, paragraph 9, EPC, has not been furnished.
3.3 In the event of positive confirmation by the EPO under point 3.2, the following procedure will apply:
(a) only the association should be specified in the authorisation;
(b) having regard to Rule 92, paragraph 1(h), third sentence, EPC, only the association need be indicated in the box for the name in Section IV of the request form for the grant of a European patent;
(c) the EPO will enter the association in the Register of European Patents, publish it in the European Patent Bulletin and reproduce it in publications of the European patent application and, where appropriate, of the European patent;
(d) the EPO will notify all documents to the association.
3.4 The EPO would point out that:
(a) in accordance with the Administrative Council's interpretation of Rule 101, paragraph 9, EPC, the confirmation referred to in point 3.2 will be refused if even one person who usually acts in business matters in the name of the association is not entered on the list of professional representatives;
(b) confirmation by the EPO under point 3.2 lapses upon any modification in the composition of the association.