Who can represent me before the EPO as ISA?

In proceedings before the EPO as ISA, you can be represented by the agent you appointed for the international phase. Thus, as a national or resident of P.R China, you can be represented by your usual patent attorney entitled to practise before the CNIPA or the International Bureau of WIPO acting as receiving Office. However, once their application enters the European phase, natural or legal persons not having their residence or principal place of business in a contracting state to the EPC must appoint a professional representative entitled to practise before the EPO.

Given that requirement, you may already wish to appoint a different agent specifically to represent you in the proceedings before the EPO in its capacity as ISA/IPEA. Being represented by a European representative in the international phase is recommended, especially for drafting amendments under Article 34 PCT for the purposes of a Chapter II demand for international preliminary examination. Similarly, under Rule 90.1(d) PCT, the agent you appointed for the international phase may appoint a sub-agent to perform this task. If you choose to appoint an agent or sub-agent specifically for the procedure before the EPO as ISA, that agent or sub-agent must be entitled to practise before the EPO. All communications issued by the EPO as ISA will be sent to your specifically appointed agent or sub-agent.