Change of Representation
The "procedure to be followed is governed by Rule 152 EPC in combination with the Decision of the President of the European Patent Office dated 12 July 2007 on the filing of authorisations." "Rule 152(1) sets out that the President shall determine the cases in which an authorisation shall be filed," whereas "Rule 152(2) sets out that where a representative fails to file such an authorisation, the EPO shall invite him to do so within a period to be specified." "The Decision of the President ... states that in cases of a change of representation, and where the EPO has not been notified of the termination of the previous representative's authorisation, "the new representative must file, together with the notification of his appointment, an individual authorisation (original and one copy) or a reference to a general authorisation already on file. If he does not, he shall be requested to do so within a period to be specified by the European Patent Office."" The legal consequence of not filing an authorisation when requested to do so is that the procedural steps taken by the new representative are deemed not to have been taken. Authorisations, like priority documents, cannot be validly filed by facsimile. An original version of the authorisation has to be filed.
Read more about this topic: Representation Before The European Patent Office
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