PCT AG-IP 11.006 What happens if no common agent or common representative is specifically appointed?

Rule 2.2bis

11.006.   What happens if no common agent or common representative is specifically appointed?  If there are two or more applicants and they do not appoint a common agent or a common representative, the first-named applicant who has the right to file an international application with the receiving Office concerned (see paragraphs 5.020 to 5.023) will automatically be considered to be the common representative of all the applicants (“deemed common representative”).  Such “deemed common representative” may do most of the things which an appointed agent or an appointed common representative may do on behalf of all the applicants, including signing the demand and many other documents for the purposes of the PCT.  However, the “deemed common representative” may not validly sign, on behalf of the other applicants, the request itself or a notice effecting withdrawal of the international application, a designation, a priority claim, the demand or an election.  If the “deemed common representative” has himself appointed an agent, that agent is able to perform any act which could be performed by the “deemed common representative” himself on behalf of the other applicants, including the signing of certain documents with effect for all the applicants (but, similarly, not the request or a notice of withdrawal).

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip11.html

Date retrieved: 02 November 2015

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PCT Implementing Rules

PCT Applicant's Guide - International Phase