PCT AG-NP 5.003 What must be done to prove inventorship, the right to file the application or the like?

Rule 51bis.1(a)

5.003.   What must be done to prove inventorship, the right to file the application or the like?  Depending on national law and practice, some designated Offices require the applicant to furnish:

(i) any document relating to the identity of the inventor;

(ii) any document relating to the applicant’s entitlement to apply for or be granted a patent;

(iii) any document containing proof of the applicant’s entitlement to claim priority of an earlier application where the applicant is not the applicant who filed the earlier application or where the applicant’s name has changed since the date on which the earlier application was filed;

(iv) any document containing an oath or declaration of inventorship;

(v) any evidence concerning non-prejudicial disclosures or exceptions to lack of novelty, such as disclosures resulting from abuse, disclosures at certain exhibitions and disclosures by the applicant during a certain period of time.

However, in general, a document referred to above will not be required if the applicant has furnished a declaration under Rule 4.17 (see paragraph 5.005).  What may be required by a particular designated Office is indicated in the National Chapters (Summary).  The annexes to the National Chapters contain forms that must or may be used for this purpose.  Documents (other than declarations under Rule 4.17) required by designated Offices, must always be sent by the applicant to the designated Office concerned and should not be sent to the International Bureau, which, if it does receive them, keeps them in its files but does not transmit them to the designated Offices.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=np05.html

Date retrieved: 24 November 2017

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PCT Implementing Rules

PCT Applicant's Guide - International Phase