PCT AG-IP 5.048 Can one of several applicants represent all of them as a common representative?

Rule 2.2bis

5.048.   Can one of several applicants represent all of them as a common representative?  If a common agent is not appointed by all the applicants, one of the applicants may be appointed by the other applicants as the common representative of all the applicants (see paragraph 11.005).  If neither a common agent nor a common representative is appointed, the first-named applicant who has a right to file an international application with the receiving Office concerned is automatically considered to be the “deemed” common representative of all the applicants (see paragraph 11.006).

5.049.   A more detailed explanation of the provisions relating to agents and common representatives appears in paragraphs 11.001 to 11.014.

5.050.   If the agent or common representative has authorized either the sending of advance copies of notifications by e-mail or the sending of notifications exclusively by e-mail by marking the corresponding check-box in Box No. IV of the request form, the receiving Office, the International Searching Authority (also in its capacity as Authority specified for supplementary search), the International Bureau and the International Preliminary Examining Authority may, if they wish to do so, send such notifications in respect of the international application to the agent or common representative at the indicated e-mail address, thus avoiding processing or postal delays. Where an e-mail address has been provided both in respect of the applicant and in respect of an agent or common representative, the International Bureau will send e-mail communications only to the appointed agent or common representative (see also paragraph 5.029).

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

Date retrieved: 24 November 2017

9 references found.

Click X to load a reference inside the current page, click on the title to open in a new page.

PCT Implementing Rules

PCT Applicant's Guide - International Phase