Article 58 EPC - Entitlement to file a European patent application
A European patent application may be filed by any natural or legal person, or any body equivalent to a legal person by virtue of the law governing it.
Article 59 EPC - Multiple applicants
A European patent application may also be filed either by joint applicants or by two or more applicants designating different Contracting States.
With respect to Opposition proceedings decision T 635/88, which was later confirmed by decision G 3/99 the Board of Appeal clearly stated that "any person" in Article 99 EPC is to be construed in line with Article 58 EPC as meaning:
any natural person
any legal person or
any body equivalent to a legal person by virtue of the law governing it
.
According to the Board of Appeal the legal personality of a named entity under the EPC is decided on the same basis as before national courts, namely the capacity to sue or to be sued in its own name and on its own account. The fact that "any person" has to be interpreted in line with Article 58 EPC results in particular from Rule 41(2)c EPC 2000 which lists the same entities under paragraph (2)c
Rule 41 EPC - Request for grant
The request for grant of a European patent shall be filed on a form drawn up by the European Patent Office.
The request shall contain:
a petition for the grant of a European patent;
the title of the invention, which shall clearly and concisely state the technical designation of the invention and shall exclude all fancy names;
the name, address and nationality of the applicant and the State in which his residence or principal place of business is located. Names of natural persons shall be indicated by the person's family name, followed by his given names. Names of legal persons, as well as of bodies equivalent to legal persons under the law governing them, shall be indicated by their official designations. Addresses shall be indicated in accordance with applicable customary requirements for prompt postal delivery and shall comprise all the relevant administrative units, including the house number, if any. It is recommended that the fax and telephone numbers be indicated;
if the applicant has appointed a representative, his name and the address of his place of business as prescribed in sub-paragraph (c);
where appropriate, an indication that the application constitutes a divisional application and the number of the earlier European patent application;
in cases covered by Article 61, paragraph 1(b), the number of the original European patent application;
where applicable, a declaration claiming the priority of an earlier application and indicating the date on which and the country in or for which the earlier application was filed;
the signature of the applicant or his representative;
a list of the documents accompanying the request. This list shall also indicate the number of sheets of the description, claims, drawings and abstract filed with the request;
the designation of the inventor, where the applicant is the inventor.
If there is more than one applicant, the request shall preferably contain the appointment of one applicant or representative as common representative.