The formalities officer must ensure that the requirements with regard to representation as set out in IX, 1 are met. The main points to be considered are:
(i)
the necessity for applicants who have neither a residence nor principal place of business in a Contracting State to be represented by an authorised professional representative or by an authorised legal practitioner fulfilling the requirements of Art. 134(7);
(ii)
that, where an applicant who is resident in or has his principal place of business in a Contracting State is represented by an employee, the employee is authorised; and
(iii)
that the authorisation, if any is required (see IX, 1.5 and the Decision of the President of the EPO, OJ 9/1991, 489), is in order, duly signed (see IX, 3.2 and IX, 3.4) and is filed in due time.
CHAPTER III EXAMINATION OF FORMAL REQUIREMENTS
2.2 Non-compliance
