Part VII – Implementing Regulations to Part VII of the Convention
Chapter XI – Representation
(1)164 The President of the European Patent Office shall determine the cases in which a signed authorisation shall be filed by representatives acting before the European Patent Office.
(2) Where a representative fails to file such an authorisation, the European Patent Office shall invite him to do so within a period to be specified. The authorisation may cover one or more European patent applications or European patents and shall be filed in the corresponding number of copies.
(3) Where the requirements of Article 133, paragraph 2, have not been satisfied, the same period shall be specified for the appointment of a representative and the filing of the authorisation.
(4)165 A general authorisation may be filed enabling a representative to act in respect of all the patent transactions of a party. A single copy shall suffice.
(5) The President of the European Patent Office may determine the form and content of:
(6) If a required authorisation is not filed in due time, any procedural steps taken by the representative, other than the filing of a European patent application, shall be deemed not to have been taken, without prejudice to any other legal consequences provided for by this Convention.
(7) Paragraphs 2 and 4 shall apply to the withdrawal of an authorisation.
(8) A representative shall be deemed to be authorised until the termination of his authorisation has been communicated to the European Patent Office.
(9) Unless it expressly provides otherwise, an authorisation shall not terminate vis-à-vis the European Patent Office upon the death of the person who gave it.
(10)166 If a party appoints several representatives, they may act either jointly or singly, notwithstanding any provisions to the contrary in the communication of their appointment or in the authorisation.
(11)167 The authorisation of an association of representatives shall be deemed to be an authorisation of any representative who can provide evidence that he practises within that association.
164See decision of the President of the EPO of 12.07.2007 on the filing of authorisations (Special edition No. 3, OJ EPO 2007, L.1). See decision of the President of the EPO of 16.04.2012 concerning notification of representation changes by professional representatives (OJ EPO 2012, 352).
165See decision of the President of the EPO of 21.11.2013 (OJ EPO 2013, 600).
166See notice from the EPO of 28.08.2013 (OJ EPO 2013, 535, section II).
167See decision of the Administrative Council CA/D 9/13 of 16.10.2013 abrogating its 1978 decision relating to the interpretation of the term "association of representatives" (OJ EPO 2013, 500) and notice from the EPO of 28.08.2013 on matters concerning representation before the EPO (OJ EPO 2013, 535, section I). See decision of the President of the EPO of 21.11.2013 concerning the responsibilities of the Legal Division (OJ EPO 2013, 600).