Representative
International Phase
Representative before the RO, universal representative
Principle
Representation during the international phase is governed by the laws of the RO (R90.1.a PCT) whether such representation occurs before:
- the RO (A27.7 PCT),
- the ISA, the SISA, or the IPEA (A27.7 PCT together with A49 PCT),
- or before the IB (A27.7 PCT together with R83.1bis.b PCT).
Thus, being appointed as a representative before the RO inherently grants the capacity to represent before other administrations during the international phase.
IB/RO Case
If the IB acts as the RO, the possible representatives are those who would have the right to represent the applicant before one of the authorized ROs based on the nationality or domicile of the applicants (A27.7 PCT together with R90.1.a PCT together with R83.1bis.a PCT).
Special Representative before the ISA, IPEA, SISA
Furthermore, it is possible to specifically appoint a representative authorized before the ISA (R90.1.b PCT), the SISA (R90.1.b-bis PCT), or the IPEA (R90.1.c PCT), provided that such representative is competent before that administration.
Secondary Representative
Unless otherwise indicated, the representative appointed before the RO may delegate their powers to another representative (appointment of a « secondary representative« ) if the latter is authorized to act:
- before the RO (R90.1.d.i PCT):
- this secondary representative may act before any international authority;
- before the ISA, IPEA, or SISA (R90.1.d.ii PCT):
- this secondary representative may act before the administration for which they are authorized;
Entry into Regional Phase
Principle
Representation requirements are determined by the national Office before which the entry into the regional phase is made (A27.7 PCT).
However, with respect to the entry into the regional phase itself, no representation is mandatory (R51bis.3.b PCT for designated Offices and R76.5 PCT together with R51bis.3.b PCT for elected Offices).
Representative for the International Phase – for the Regional Phase
A representative appointed for the international phase (pursuant to A49 PCT together with R90.1 PCT) is not automatically a representative during the European phase (Applicant’s Guide, §11.001).
Common Representative
Appointment
When there are multiple applicants, they may appoint a common representative to act on their behalf (R90.2.a PCT).
This common representative must be a person domiciled in or a national of a PCT Contracting State (R90.2.a PCT together with A9.1 PCT): this applicant is not necessarily the one who confers the right to file with the chosen RO.
Deemed to be
If no common representative is appointed and no representative has been appointed, the first applicant in the request (among those who are entitled to file with the chosen RO, R90.2.b PCT together with R19.1 PCT) is deemed to be the common representative (R90.2.b PCT).
The applicant deemed to be the common representative (or their representative) cannot alone sign a withdrawal statement (R90.3.c PCT together with R90bis.5 PCT): in this case, all applicants must sign.
Effects of acts
Acts performed by the representative or the common representative (or their representative) have the same effects as if they had been carried out by all applicants (R90.3.a PCT for the representative and R90.3.c PCT for the common representative).
However, the applicant deemed to be the common representative (or their representative) cannot alone sign a withdrawal statement (R90.3.c PCT together with R90bis.5 PCT): in this case, all applicants must sign.
Power of attorney during the international phase
Principle
A power of attorney may be required by the RO, ISA, IPEA, or SISA (R90.4.b PCT and R90.5.a PCT for a general power of attorney).
Possibility of waiving the requirement for a power of attorney
However, these authorities may waive the requirement for such a power of attorney (R90.4.d PCT and R90.5.c PCT).
Impossibility of waiving the requirement for a power of attorney
A power of attorney must be provided in the case of withdrawal of the international application or of a designation (R90.4.e PCT together with R90bis.1 PCT for the 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 demand for preliminary examination or of an election).