RO representative, universal representative
Representation in the international phase is governed by the laws of the RO (R90.1.a PCT) this representation is done before:
- the RO (A27.7 PCT),
- ISA, SISA, or IPEA (A27.7 PCT together A49 PCT)
- or before the IB (A27.7 PCT together R83.1bis.b PCT)
Thus, the fact of being appointed as an agent before the RO effectively leads the representation capacity before the other administrations of the international phase.
IB / RO case
If the IB is RO, the possible attorneys are the persons who would have been entitled to represent the applicant before one of the ROs authorized according to the nationality or domicile of the applicants (A27.7 PCT together R90.1.a PCT together R83.1bis.a PCT).
Special representative before ISA, IPEA, SISA
Unless otherwise indicated, the agent appointed before the RO may delegate his powers to another representative (designation of a secondary mandatary") If the latter agent is authorized to act:
- in front of the RO (R90.1.di PCT):
- this secondary agent may act before any international administration ;
- before ISA, IPEA, SISA (R90.1.d.ii PCT);
- this secondary mandatary may act before the administration to which he is entitled;
Entering the regional phase
The representation requirements are set by the National Office before which phase entry is made (A27.7 PCT).
Mandatory for the international phase - for the regional phase
Where there are several applicants, they may designate a common representative to represent them (R90.2.a PCT).
This common representative must be a domiciled or national person of a PCT Contracting State (R90.2.a PCT together A9.1 PCT): this depositor is not necessarily the one who gives the right to file with the chosen RO.
If no common representative is appointed and no representative has been appointed, the first applicant in the request (among those who give the right to file with the RO selected, R90.2.b PCT together R19.1 PCT) is deemed to be the common representative (R90.2.b PCT).
Effects of acts
Acts performed by the agent or the common representative (or his representative) have the same effect as if they had been performed by all the applicants (R90.3.a PCT for the proxy and R90.3.c PCT for the common representative).
Nevertheless, the applicant considered common representative (or his representative) can not sign a declaration of withdrawal (R90.3.c PCTtogether R90bis.5 PCT): in this case, all applicants must sign.
Power during the international phase
Possibility of waiving the provision of a power
Impossibility of renouncing the provision of a power
A power must requested in case of withdrawal of the international application or a designation (R90.4.e PCT together R90bis.1 PCT for withdrawal of an application or R90bis.2 PCT for the withdrawal of a designation or R90bis.3 PCT for the withdrawal of a priority or R90bis.4 PCT for the withdrawal of a request for a preliminary examination or an election).