Agent / common representative

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Chapter 1. Agent

Section 1.1. International phase

1.1.1. Representative before the RO, universal representative

1) Principle

Representation in the international phase is governed by the laws of the RO (R90.1.a PCT) this representation is done before:

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.

2) 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).

1.1.2. Special Representative before ISA, IPEA, SISA

In addition, it is possible to specifically appoint an authorized agent before the ISA (R90.1.b PCT), the SISA (R90.1.b-bis PCT), the IPEA (R90.1.c PCT) if he is competent before that administration.

1.1.3. Secondary agent

Unless otherwise indicated, the agent appointed before the RO may delegate his powers to another representative (designation of asecondary 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;

Section 1.2. Entry into regional phase

1.2.1. Principle

The representation requirements are set by the National Office before which phase entry is made (A27.7 PCT).

Nevertheless, as far as phase entry itself is concerned, no representation is required (R51bis.3.b PCT for designated Offices and R76.5 PCT together R51bis.3.b PCT for elected offices).

1.2.2. Agent for the international phase - for the regional phase

An agent appointed for the international phase (under A49 PCT together R90.1 PCT) is not automatically an agent during the European phase (Guide for the applicant, §11.001).

Chapter 2. Common Representative

Section 2.1. designed

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.

Section 2.2. Considered as

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).

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.

Chapter 3. 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.

Chapter 4. Power During the International Phase

4.0.1. Principle

Power may be required by RO, ISA, IPEA, or SISA (R90.4.b PCT and R90.5.a PCT for a general power).

4.0.2. Possibility of waiving the supply of power

However, these administrations may waive the provision of this power (R90.4.d PCT and R90.5.c PCT).

4.0.3. Impossibility of waiver of the supply of 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).

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