PCT AG-IP 5.089 May the international application be signed by an agent?

Rule 2.1
4.1(d)
4.15
90.3
90.4
90.5

5.089.   May the international application be signed by an agent?  The international application may be signed by an agent, but in that case the agent must be appointed as such by the applicant in a separate power of attorney signed by the applicant himself.  The power of attorney has to be submitted to the receiving Office unless the receiving Office has waived the requirement to furnish a separate power of attorney (see paragraphs 5.041 to 5.051, and 11.001 to 11.014).  If there are two or more applicants, the request may be signed by an agent on behalf of all or only some of them;  in that case the agent must be appointed as such in one or more powers of attorney signed by the applicants on whose behalf the agent signs the application.  Where a power of attorney appointing an agent who signs an international application is missing and the receiving Office requires that a power of attorney be furnished, the signature is treated as missing until the power of attorney is submitted.  For the case of a general power of attorney, see paragraphs 5.043 and 11.009.

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

Date retrieved: 24 November 2017

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PCT Implementing Rules

PCT Applicant's Guide - International Phase