Einde inhoudsopgave
Implementing Regulations to the European Patent Convention
Rule 152 Authorisations
Geldend
Geldend vanaf 01-04-2024
- Bronpublicatie:
14-12-2023, Trb. 2024, 48 (uitgifte: 26-04-2024, regelingnummer: CA/D 26/23)
- Inwerkingtreding
01-04-2024
- Bronpublicatie inwerkingtreding:
14-12-2023, Trb. 2024, 48 (uitgifte: 26-04-2024, regelingnummer: CA/D 26/23)
- Vakgebied(en)
Intellectuele-eigendomsrecht / Octrooirecht
Internationaal privaatrecht / Bijzondere onderwerpen
(1)
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 them to do so within a period to be specified. The authorisation may cover one or more European patent applications or European patents.
(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)
A general authorisation may be filed enabling a representative to act in respect of all the patent transactions of a party.
(5)
The President of the European Patent Office may determine the form and content of:
- (a)
an authorisation relating to the representation of persons under Article 133, paragraph 2;
- (b)
a general authorisation.
(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 their 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)
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)
The authorisation of an association of representatives shall be deemed to be an authorisation of any representative who can provide evidence that they practise within that association.