PCT AG-IP 11.009 Can an agent be appointed by a general power of attorney to represent the applicant in relation to any international application filed by that applicant?

Rule 90.5

11.009.   Can an agent be appointed by a general power of attorney to represent the applicant in relation to any international application filed by that applicant?  Yes, such a general appointment can be made.  The original general power of attorney must be filed with the receiving Office if the appointment was for the purposes of the international phase generally, or with the International Searching Authority, the Authority specified for supplementary search, or the International Preliminary Examining Authority if the appointment was specifically to represent the applicant before that Authority.  The appointment will then be effective in relation to any particular application filed by that applicant provided that the general power of attorney is referred to in the request, the demand or a separate notice.  However, any receiving Office, International Searching Authority, Authority specified for supplementary search, and/or International Preliminary Examining Authority may waive the requirement that a copy of the general power of attorney be attached to the request, the supplementary search request, the demand or any separate notice (details of such waivers are published in the Official Notices (PCT Gazette)).  For an Office or Authority that has not made a waiver of the requirement, a copy of the general power of attorney must be attached to the request, supplementary search request, demand or separate notice.  That copy of the signed original need not, itself, be separately signed.  A suitable model form for a general power of attorney is available on the WIPO website at:  www.wipo.int/pct/en/forms/pa/index.htm.  It should be noted that a waiver made by an Office or an Authority does not apply where the agent or the common representative submits any notice of withdrawal referred to in Rules 90bis.1 to 90bis.4.

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