R.83 PCT Right to Practice before International Authorities

83.1       Proof of Right

The International Bureau, the competent International Searching Authority, and the competent International Preliminary Examining Authority, may require the production of proof of the right to practice referred to in Article 49.

83.1bis       Where the International Bureau Is the Receiving Office

(a)  Any person who has the right to practice before the national Office of, or acting for, a Contracting State of which the applicant or, if there are two or more applicants, any of the applicants is a resident or national shall be entitled to practice in respect of the international application before the International Bureau in its capacity as receiving Office under Rule 19.1(a)(iii).

(b)  Any person having the right to practice before the International Bureau in its capacity as receiving Office in respect of an international application shall be entitled to practice in respect of that application before the International Bureau in any other capacity and before the competent International Searching Authority and competent International Preliminary Examining Authority.

83.2       Information

(a)  The national Office or the intergovernmental organization which the interested person is alleged to have a right to practice before shall, upon request, inform the International Bureau, the competent International Searching Authority, or the competent International Preliminary Examining Authority, whether such person has the right to practice before it.

(b)  Such information shall be binding upon the International Bureau, the International Searching Authority, or the International Preliminary Examining Authority, as the case may be.

Source: http://www.wipo.int/pct/en/texts/articles/r83.htm

Date retrieved: 17 May 2021

13 references found.

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EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA

PCT Articles

PCT Implementing Rules

PCT Newsletter - Practical Advice

Offical Journal of the EPO