Legal framework
Under Article 133(1) EPC, no person is compelled to be represented by a professional representative before the EPO, subject to the exception in Article 133(2) EPC. That exception applies to natural or legal persons not having their residence or principal place of business in an EPC contracting state. Such persons must be represented by a professional representative and act through that representative, except when filing a European patent application.
San Marino is an EPC contracting state. The EPO list of member states shows SM — San Marino — 1 July 2009.
Professional representation before the EPO is governed by Article 134 EPC. Persons whose names appear on the EPO list of professional representatives are entitled to act in all proceedings established by the EPC: Article 134(5) EPC.
Authorisations are governed by Rule 152 EPC and the Decision of the President of the EPO dated 7 July 2025 on the signing and filing of authorisations. Rule 152(1) EPC provides that the President determines the cases in which a signed authorisation must be filed.
Statement a)
True.
The inventor is resident in San Marino, which is an EPC contracting state.
Therefore, he falls under Article 133(1) EPC, not Article 133(2) EPC. He may act on his own before the EPO and does not need to be represented by a professional representative.
Statement a) is therefore true.
Statement b)
False.
Mr A is described as a professional representative before the EPO. Under the current President’s decision on authorisations, a professional representative whose name appears on the EPO list and who identifies himself as such is required to file a signed authorisation only in the specific cases set out in that decision.
The appointment of the first professional representative is therefore normally accepted without a signed authorisation. The EPO may require one only in special circumstances, for example if there is doubt about the representative’s entitlement to act.
Statement b) is therefore false.
Statement c)
True.
The question concerns a change from Mr A to Mr B, where Mr B is from another association.
Under Article 1(2) of the President’s decision of 7 July 2025, if the EPO is informed of a change of representative involving representatives who are not members of the same association, the new representative must file an authorisation only if the EPO has not been notified by the previous representative that the previous authorisation has terminated. If the previous representative notifies the EPO that the authorisation has terminated, the request for an authorisation may be disregarded.
Thus, if Mr A, the previous representative, informs the EPO of the change in a way that makes clear that his authorisation has ended, Mr B need not file a signed authorisation.
Statement c) is therefore true.
Statement d)
False.
There is no EPC provision requiring payment of an administrative fee merely for registering a change of professional representative.
This must be distinguished from other register changes, such as transfers of rights, for which fees may be due under specific provisions. A change of representative is governed by the representation and authorisation rules, especially Rule 152 EPC and the President’s decision on authorisations, not by a fee requirement.
Statement d) is therefore false.
Exam tip
For representation questions, first check residence or principal place of business. If the person is resident in an EPC contracting state, representation is optional under Article 133(1) EPC. Then check whether the representative is a professional representative or another type of representative. Professional representatives normally benefit from the EPO’s simplified authorisation practice: no signed authorisation is needed unless the case falls within the specific exceptions.
Legal Disclaimer
The information provided in this post is for general informational purposes only and does not constitute legal advice. This content should not be used as a substitute for professional legal advice tailored to your specific circumstances. For advice related to any specific legal matters, you should consult a qualified attorney.