PCT AG-IP 5.043 How is an agent to be appointed?

Article 4(1)(iii)
Rule 4.1(a)(iii)
4.7
90.3

5.043.   How is an agent to be appointed? Subject to paragraph 5.044 an agent may be appointed by designation in Box No. IV of the request (see filled-in sample of the request form at the address indicated in paragraph 5.015) if the international application is signed by the applicant (see also paragraphs 5.088 and 5.089). Otherwise the appointment of the agent must be in a separate document (“power of attorney”) signed by the applicant. The indication in Box No. IV of the request or in the power of attorney must contain the name and address of the agent in the manner indicated in paragraphs 5.025 to 5.028. It is recommended that the agent’s telephone number, facsimile number and/or e-mail address also be indicated. Where the agent is registered with the receiving Office, the number or other indication under which the agent is so registered may also be indicated. Where there are several applicants, an agent representing all of them may be appointed by designation in the request or by a separate power of attorney or by a combination of both methods, provided that all the applicants have signed either the request or a separate power of attorney. Model powers of attorney are available in editable PDF format on the WIPO website at: www.wipo.int/pct/en/forms/pa/index.htm. The separate power of attorney must be submitted to the receiving Office or to the International Bureau or, if the appointment was made specifically for the purposes of the procedure before the International Searching Authority or International Preliminary Examining Authority, to the Authority concerned (see paragraph 5.045). Where a general power of attorney authorizes an agent to represent the applicant before the Office which acts as receiving Office, and where that general power includes the filing of international applications, a copy of the general power of attorney originally submitted to the receiving Office must accompany any international application in relation to which the appointment made in it is to be exercised unless this requirement has been waived by the receiving Office concerned (see paragraph 5.044), and reference must be made to that copy in Box No. IX of the request. It is to be noted that general powers of attorney must be deposited with the receiving Office (not with the International Bureau, except where the international application is filed with the International Bureau as receiving Office) or, if the appointment was made specifically for the purposes of the procedure before the International Searching Authority or International Preliminary Examining Authority, with the Authority concerned (see paragraph 5.045).

Rule 90.4(d) and (e)
90.5 (c) and (d)

5.044.   Any receiving Office, International Searching Authority, International Preliminary Examining Authority or the International Bureau may waive the requirement that a separate power of attorney be submitted to it.  Any receiving Office, International Searching Authority, or International Preliminary Examining Authority may waive the requirement that a copy of a general power of attorney is attached to the request, the demand or a separate notice.  The receiving Office or Authority may waive these requirements in general or only for certain cases.  In cases where either waiver is applicable, no separate power of attorney or copy of a general power of attorney needs to be furnished by the applicant.  Any such waiver and any conditions relating thereto are published in the Official Notices (PCT Gazette) (see also Annexes C, D and E).  Please note that a separate power of attorney or a copy of a general power of attorney must, in any event, still be furnished for any case of withdrawal, even if the requirement has been waived for other cases.  Any waiver made by a receiving Office only applies in respect of that Office but not necessarily in respect of other Authorities involved in the PCT procedure.  Regarding signature requirements, see paragraphs 5.088 to 5.091;  for special provisions regarding withdrawals, see paragraphs 11.048 to 11.061.

Rule 90.1(d)(ii)
90.6(b)

5.045.   Further agents may be appointed at any time to represent the applicant either generally or specifically before the International Searching Authority or the International Preliminary Examining Authority, and an agent appointed for general purposes, unless otherwise indicated in the document appointing him, may appoint sub-agents to represent the applicant.  The appointment of a new agent is treated as revocation of any former appointment of agents, unless otherwise indicated in the power of attorney appointing the new agent.

Article 27(7)
Rule 4.7
90.3

5.046.   If representation by an agent before the receiving Office is required (see paragraph 5.041), it is advisable that the agent be appointed by the time the international application is filed to ensure that the international application will be accepted for processing by the receiving Office.  The practice of the receiving Office with regard to enforcing the requirement that an agent be appointed is, generally the same as that observed by it in the case of national (or regional) applications.  If the appointment of an agent is not obligatory, an appointment may be made either at the time of filing the international application or later.

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

Date retrieved: 02 November 2015

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