Representation
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57
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If you have your residence or principal place of business in a contracting state, you may act on your own behalf in proceedings before the EPO (but see point 3).
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Art. 133(1)
Guid. A-IX, 1
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58
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If you have neither a residence nor your principal place of business in a contracting state, you must appoint a representative and act through him in all proceedings before the EPO other than in filing your European patent application and paying the fees.
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Art. 133(2)
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59
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Representation before the EPO may be undertaken only by professional representatives who are on a list maintained by the EPO, or by legal practitioners entitled to act before the EPO. You can order the directory of professional representatives from the EPO (Vienna) for an administrative fee. You will also find a searchable online database of professional representatives on the EPO website (www.european-patent-office.org).
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Art. 134(1), (7)
Guid. A-IX, 1.4
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60
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Representatives may be authorised either by individual authorisation or by general authorisation. The relevant forms are available free of charge from the EPO and the national industrial property offices. They can also be downloaded from the EPO website (www.european-patent-office.org). The Supplements to this Guide include an individual authorisation form.
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R. 101(1), (2)
Guid. A-IX, 1.5
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As a rule, professional representatives who identify themselves as such no longer need to file individual authorisations.
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OJ 1991, 489
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General authorisations, which are particularly beneficial to all concerned, are registered at the EPO.
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OJ 1985, 42
OJ 1986, 327
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61
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If a required authorisation is not filed within the period specified by the EPO, any actions taken by the representative other than the filing of the European patent application and the payment of fees are deemed not to have been taken.
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R. 101(4)
Guid. A-IX, 1.7
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62
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If several representatives are appointed, they may act either jointly or singly before the EPO, regardless of any provisions to the contrary in the notification of their appointment or in the authorisation. With multiple representatives it is also advisable to give the particulars of only one of them in the Request for Grant, appending "et al." to his name.
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R. 101(8)
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63
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If you have your residence or principal place of business in a contracting state, you may also be represented by your employees, who need not be professional representatives.
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Art. 133(3)
Guid. A-IX, 1.2
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An employee representing his employer must have an authorisation complying with the regulations referred to in point 60.
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64
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If an application is filed by more than one person, the Request for Grant should designate one of them or a representative as the common representative. Otherwise, the applicant named first in the Request for Grant is deemed to be the common representative. However, if one of the applicants is obliged to appoint a professional representative, the latter is deemed to be the common representative unless the applicant named first in the Request for Grant has appointed a professional representative.
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Art. 133(4)
R. 26(3), 100(1)
Guid. A-IX, 1.3
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65
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The particulars of the representative's name and business address given in the Request for Grant are recorded in the Register of European Patents, published in the European Patent Bulletin and printed in the published European patent application and patent.
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R. 92(1)(h)
Art. 129(a)
R. 49
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(a)
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to the representative recorded in the Register of European Patents; or
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(b)
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to you as applicant if you do not appoint a representative, this also being the case if an employee is acting on your behalf.
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If your business operates from different locations (ie comprises structural sub-divisions with no separate legal personality) and you wish notifications in proceedings before the EPO to be addressed to the department dealing with the application and to have a different address, eg your company's head office, used for publications and the Register of European Patents, you must indicate this separately in the Request for Grant (see point 48 and Supplements), next to "Address for correspondence".
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C. Preparing and filing a European patent application
Claiming priority
