Guide for Applicants - Part 2
How to get a European patent
 


 

D  /  E




 
Guide for Applicants - Part 2    
A. General overview   B. The EPO as a PCT receiving Office
Representation in the international phase Contracting states to the PCT and the EPC Where may an international application be filed?

Representation in the international phase


8

Any attorney, patent agent or other person ("agent") having the right to practise before the national or regional patent office with which the international application was filed is entitled to practise before:

Art. 27(7), 49 PCT

R. 90.1 PCT

Art. 133 EPC and Art. 134 EPC
WIPO PCT Guide
78 - 86, 340 - 344, 410 - 423



·

this receiving Office,

·

the IB,

·

the competent ISA and

·

the competent IPEA.


An agent so appointed before the receiving Office is referred to as "the agent for the international phase". Applicants are strongly advised to appoint an agent.


9

Two or more applicants may choose to appoint either a common agent, or one of themselves to act as their common representative, who in turn may then appoint a (common) agent. If no common agent or common representative has been appointed, the applicant first named in the request who is entitled to file an international application with the EPO as receiving Office is deemed to be the common representative.

R. 2.2, 2.2bis and 90 PCT



More information on representation before the EPO is provided in point 29 ff (EPO as RO), point 74 (EPO as ISA), point 125 ff (EPO as IPEA) and in point 180 ff (EPO as designated or elected Office).