Article 77

EUROPEAN PATENT OFFICE

Information from the EPO

Notice from the European Patent Office dated 8 July 2024 concerning the signing and filing of authorisations

1. With a view to simplifying its procedures and promoting digital transformation, the European Patent Office (EPO) is introducing several measures on 1 November 2024 regarding the signing and filing of authorisations that are reflected in the decision of the President dated 8 July 2024 on the signing and filing of authorisations.1

2. These measures will also apply to authorisations filed in procedures relating to European patents with unitary effect.2

Equal treatment of legal practitioners and professional representatives regarding the filing of authorisations

3. Legal practitioners and professional representatives will be treated equally regarding their obligation to file an authorisation. As from 1 November 2024, legal practitioners will only be obliged to file an authorisation under the same circumstances as professional representatives, namely either at the EPO's invitation or in the event of a change of representative involving representatives who are not members of the same association and without the explicit withdrawal of the previous representative from representation.

Information if there is a change of representative

4. If there is a change of representative involving professional representatives or legal practitioners who are not members of the same association where the previous representative has not explicitly withdrawn from representation, the EPO will continue to inform the previous representative of the change, but will no longer send them the new authorisation (or indicate the registration number of a general authorisation).

Acceptance of electronic signatures on authorisations

5. In addition to handwritten signatures, the EPO will accept a broad range of electronic signatures on authorisations. In line with the signature requirements in the patent grant process, the EPO will accept facsimile signatures and text-string signatures within the meaning of Article 12(2) and (3) of the decision of the President of the European Patent Office dated 3  May 2023 concerning the electronic filing of documents.3 Documents bearing a facsimile signature or a text-string signature may be filed either on paper or electronically using the EPO's electronic filing services.

6. In addition, the EPO will accept digital signatures that use public key infrastructure (PKI) technology, including advanced and qualified electronic signatures within the meaning of the EU's eIDAS Regulation.4 It will also accept digital signatures that do not use PKI technology if the conditions specified in paragraph 7 below are met.

7. Where a digital signature is used, the authorisations can be accepted if they are filed electronically, are legible, are not infected with a computer virus and do not contain other malicious software. The EPO is not obliged to receive, open or process documents that do not meet these criteria.

8. As a rule, the EPO does not examine the authenticity of the signature applied to an authorisation. However, where any doubts over its authenticity arise, the EPO will require clarification and may request further evidence.

Entitlement to sign

9. The EPO has also changed its practice concerning the examination of an individual's entitlement to sign on behalf of a legal person as far as authorisations are concerned. Where a person is entitled to sign by virtue of their position within the legal person, this position needs to be expressly indicated. However, entitlement is no longer checked by the EPO.