Representation rules regarding the EPO

There is no obligation to be represented by a professional representative in proceedings before the European Patent Office (EPO) for applicants from member states. You can represent yourself, and a company can be represented by an employee. If you are going to let a patent attorney represent you, the attorney must be authorized.

Self-representation

There is no power of attorney obligation for applicants from EPC member countries. Norway is a member of the EPC (European Patent Convention).

All natural and legal persons who have their residence or main business address in an EPC member country can bring their case before the EPO themselves. The rule on self-representation applies to all aspects of the case.

Representation by an employee

Self-representation also means that employees can act on behalf of the company. In that case, the relevant employee must have authorization from the authorized signatory in the company to act on its behalf in patent matters (specific authorization or general authorization).

The rule regarding self-representation does not allow an employee of a parent company to represent subsidiaries in patent cases where the subsidiary is the owner of the rights.

Representation by a patent attorney

In order to be able to represent a patent applicant before the EPO, one must be listed on the list of authorized representatives.

Citizens of a Member State can claim to be listed after passing an exam called the European Qualifying Exam (EQE).

You can find more information about this on the EPO's website:

Representation by a lawyer with a Norwegian bar licence

Practicing lawyers with a Norwegian legal license do not need to be authorized and can represent clients before the EPO. These are not included in the list of authorized representatives.

The lawyer in question must have a power of attorney from their client, either a specific power of attorney or a general power of attorney.

Do you have questions about representation?

Contact the Customer Senter, see information below.

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E-mail: post@patentstyret.no
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