At the request of the applicant, it is possible to request the recording of relative changes (R92bis.1.a PCT):
- to the applicant (R92bis.1.ai PCT),
- to the representative (R92bis.1.a.ii PCT),
- to the common representative (R92bis.1.a.ii PCT), or
- to the inventor (R92bis.1.a.ii PCT).
Where the change concerns a new depositor (eg assignment), it is not necessary for the new applicant to be domiciled or national of a Contracting State (Guide for the applicant §11.019).
However, the domiciliation or nationality of the new applicant may be important for the filing of an application for an international examination (see International preliminary examination). It is indeed necessary that one of the applicants (A31.2.a PCT and R54.2 PCT) on the date of submission of the request for examination (eg an assignment registered by the IB, R92bis.1.ai PCT):
- domiciled in one of the Contracting States bound by Chapter II;
- or national of one of the Contracting States bound by Chapter II.
Special case of inventors-depositors for the US
For the United States, and for applications filed prior to September 16, 2012, the inventors were to be designated as applicants for the purposes of the US procedure throughout the international proceeding, until entry into phase (Applicant Guide, National Chapter, US, point US.02).
It is not possible to register a new applicant for US, because if a request does not indicate the inventors as depositors: only " assignments For the national phase can be registered.
The IB may register the change of applicant if it receives a request for registration before the expiry of 30 months from the priority (R92bis.1.b PCT) regardless of the time of entry of the different States.
This registration is free (Guide for the applicant §11.018).
Form of request
- to the RO (who will forward to the IB);
- at the IB.
But the date to be taken into account for the above period is the actual receipt by the IB.
If the change concerns several requests, it is possible to group this request in the same request. However, the list of applications must be explicitly mentioned (PCT Newsletter n ° 5/2007) and a generic mention of type all requests from the applicant XXX " it's not enough.
Evidence of change
Change in origin of the depositor
If the change request comes from the depositor or his agent, no proof of the assignment is required (Guide for the applicant §11.018).
Assignment documents and other documents relating to the right to file an application may nevertheless be requested in the national phase.
Modification at the origin of a third party
If the change request born comes from not applicant or his agent, a copy of the deed of assignment or any other document proving the assignment must be presented with the application (PCT Newsletter 06/2002 and Guide for the applicant §11.021).
In addition, if the request comes from the representative of the new applicant, a power signed by the new depositor must be filed at the same time (R90.4.a PCT) and designating the new agent.
Notification of change
If requested, the IB may also notify this change to all designated Offices and PCT Authorities concerned (Administrative instructions 422.a).
The legal effects may vary from one office to another (Guide for the applicant §11.020).