PCT AG-IP 5.039 How, in the case of several applicants, are the designated States for which they are applicants to be identified?

5.039.   How, in the case of several applicants, are the designated States for which they are applicants to be identified?  Details concerning the designation of States in general are given in paragraphs 5.052 to 5.054 below.  At the bottom of Box No. II and of each sub-box of Box No. III, there are two check-boxes (see filled-in sample of the request form at the address indicated in paragraph 5.015). One (but only one) of those check-boxes must be marked for the applicant identified in Box No. II and for each further applicant, if any.  Neither should be marked if the person identified in any of the sub-boxes of Box No. III is "inventor only."  An explanation of the two check-boxes is given below, separately for Box No. II and Box No. III.

“   all designated States”

This check-box must be marked where the person identified in Box No. II is and qualifies as applicant for all designated States.

“   the States indicated in the Supplemental Box”

This check-box must be marked only in special cases where the applicant is not an applicant for all designated States:  Where, for example, each of three applicants is applicant for different States, the indication of the States for which the person identified in Box No. II is applicant must be made in the Supplemental Box of the request form (see the explanation given below in relation to the sub-boxes of Box No. III for the other two applicants in such a case).  The manner in which the Supplemental Box is to be used is explained in detail in item 1(ii) of the Supplemental Box itself (see filled-in sample of the request form at the address indicated in paragraph 5.015)

“    all designated States”

This check-box must be marked where the person identified in the sub-box as "applicant and inventor" or as "applicant only" is and qualifies as applicant for all designated States.

“    the States indicated in the Supplemental Box”

This check-box must be marked only in special cases where the applicant is not an applicant for all designated States.  Where, for example, each of three applicants is applicant for different States, the indication of the States for which each of the two further applicants identified in a sub-box of Box No. III as "applicant and inventor" or "applicant only" must be made in the Supplemental Box of the request form (see the explanation given above in relation to the sub-boxes of Box No. II for the first applicant). The manner in which the Supplemental Box is to be used is explained in detail in item 1(ii) of the Supplemental Box itself (see filled-in sample of the request form at the address indicated in paragraph 5.015).

5.040.   [Deleted]

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip05.html

Date retrieved: 24 November 2017

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PCT Applicant's Guide - International Phase